This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

This page explains what an agricultural tenancy is and how you can work out which kind of tenancy you have.

What is an agricultural tenancy?

If you rent agricultural land or an agricultural holding, you are likely to have an agricultural tenancy.

What is agricultural land?

Agricultural land or an agricultural holding is land used for commercial farming. This includes:

• growing fruit, seeds and other crops
• raising livestock
• dairy farming
• market gardening.

How do I know which tenancy I have?

You are likely to have a 1991 Act tenancy if:

• your lease began before 2003, or
• your lease began after 2003 but the terms and conditions specifically state that your tenancy is regulated by the Agricultural Holdings (Scotland) Act 1991.

You are likely to have a limited duration tenancy if:

• your lease began after 2003, and
• your lease lasts for more than five years.

You are likely to have a short limited duration tenancy if:

• your lease began after 2003, and
• your lease lasts for no more than five years.

What if I live on a croft?

You will have a crofting tenancy if:

• you rent land in the Highlands and Islands in the former counties of Argyll, Inverness, Ross and Cromarty, Sutherland, Caithness, Orkney and Shetland, and
• your holding is registered with the Crofters Commission.

You can find out more about crofters' rights here.

What if I'm employed by my landlord?

If you work for your landlord (for example, if you are a farm worker who rents a cottage from your employer, or a gamekeeper who rents an agricultural holding from your employer), you won't have an agricultural tenancy. You will probably be an agricultural occupier, a service occupier or service tenant.