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Where a dwelling-house has been let on a regulated tenancy and—

(a)

the last occupier of the dwelling-house before the relevant date was a person, or the widow of a person, who was at some time during the occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit within the meaning of the M1Agriculture (Scotland) Act 1948, and

(b)

the tenant is neither—

(i)

a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of the said land, nor

(ii)

a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture, and

(c)

the creation of the tenancy was not preceded by the carrying out in connection with any of the said land of an amalgamation approved for the purposes of a scheme under section 26 of the M2Agriculture Act 1967, and

(d)

not later than the relevant date, the tenant was given notice in writing that possession might be recovered under this Case, and

(e)

the F1First-tier Tribunal is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the said land or by a person employed or to be employed by the landlord in agriculture;

and for the purposes of this Case “employed” and “agriculture” have the same meanings as in the M3Agricultural Wages (Scotland) Act 1949 and “amalgamation” has the same meaning as in Part II of the Agriculture Act 1967.

Annotations

Textual amendments

F1

Words in sch. 2 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 31(a); S.S.I. 2017/330, art. 3, sch.

Marginal citations

M1

1948 c. 45.

M2

1967 c. 22.

M3

1949 c. 30.

Notes on Part II

Textual amendments

F1

Sch. 2 Pt. 2 heading substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 45(5)(b), 59(1)