Case Study Flashcards
Which section of the Agricultural Holdings Act (Scotland) 1991 refers to rent reviews?
Section 13
Which section of the Agricultural Holdings Act (Scotland) 1991 refers to fixed equipment?
Section 5
Explain assignation?
Under the 1991 Act tenants provided they get their landlord’s consent, tenants have the right to assign their tenancy to their spouse or civil partner, or to a blood relative, for example a child, sibling, aunt or uncle. The tenant must give the landlord notice in writing, telling them:
who they propose to assign the tenancy to
what the terms and conditions of the assignation will be
the date on which they wish to assign the tenancy
What is included in a formal rent review notice to tenants?
A letter stating the date of the rent review (Whitsunday 2024)
Tenant Farming Forum (TFF) guidance (Farm Rent Review – Introduction and Guidance to Good Practice)
Recommends timescales and dispute resolution guidance
What is a post lease agreement (PLA)?
Post lease agreements that seek to transfer responsibilities
between the parties, by lack of agreement
over what constitutes fair wear and tear and
lack of agreement over when a repair becomes
a renewal or replacement.
What is a tenant amnesty?
It is a once and for all opportunity to agree a definitive list of tenant’s improvements eligible for compensation at waygo signed by both landlord and tenant.
What is included in the TFF’s guidance notes
This guidance provides a summary of the TFF’s recommended practice in conducting a rent review.
What act pre dates the Agricultural Holdings Act (Scotland) 1991?
Agricultural Holdings (Scotland) Act 1949 and the Small Landholders And Agricultural Holdings (Scotland) Act 1931
What is the notice period for rent reviews?
The notice must be given not less
than one year, and no more than two years,
before the date on which the new rent would
take effect (the rent review date)
What date must the rent review coincide for carrying out a 91 Act rent review?
The anniversary of the contractual termination date of the lease.
What is the preferred hierarchy with regard to the use
of comparables in the establishment of rents
for 1991 Act tenancies?
a. The best source of comparables is open market lettings of similar tenancies but in the case of 1991 Act tenancies it is recognised that these will be few and far between
b. The next best source of comparables is open market lettings of fixed duration tenancies
c. The next best source is rents agreed between landlords and sitting tenants.
What are the methods of alternative dispute resolutions ADR?
Arbitration, mediation and expert witness
If your client had chosen to go through land court what would the process be?
If our client had chosen we would have filled in an application to the land court. I would then suggest to the client that they contact their solicitor to act on their behalf instead of ‘DIY litigation’ in order to receive the most amical result for both parties
Where is the Scottish Land Court?
Edinburgh
Explain arbitration and what governs arbitration in Scotland?
Arbritration is a method of resolving a dispute between parties by an independent and neutral arbitrator. Once the arbitrator makes a decision that is final. The Arbitration Act 1996 (UK)
