Eviction from limited duration agricultural tenancies

If you rent agricultural land your eviction rights depend on the type of tenancy you have.

Check your written tenancy agreement if you’re not sure.

Check your tenancy type

If your tenancy started:

• after November 2017 - you'll probably have a modern limited duration tenancy

• between 2003 and November 2017 - you'll have a limited duration tenancy or a short limited duration tenancy

Your landlord can only evict you in certain circumstances. The rules depend on if you’re being evicted before the end of your fixed term or at the end of your fixed term.

Eviction before the end of your fixed term

The end date of your tenancy should be in your written agreement. Your landlord can only end your tenancy before this date if either:

• they want the land back for non-agricultural purposes

• you both agree in writing to end the tenancy

• you become bankrupt

• you break a condition of your tenancy

Breaking a condition of your tenancy

Your landlord can only evict you for this if your tenancy agreement warned you this could happen. This is sometimes called an irritancy clause.

You can challenge the eviction in court if there is no irritancy clause in your agreement.

You must be given 2 months’ notice if your landlord uses this as a reason for ending your tenancy.

Taking the land back for non-agricultural purposes

Your landlord can take back all or a portion of the land that you rent. This is also called resumption.

They can only do this if both:

• your agreement states they can take back the land for the new purpose

• planning permission has been granted

To resume the land your landlord must give you a written notice to quit. This must give you 1 years’ notice.

If you do not agree to farm the remaining land and want to leave, you can send a counter notice within 28 days. This will end your tenancy.

You could get compensation if your landlord needs to take the land back.

Eviction at the end of your fixed term

There are different rights for:

• modern limited duration and limited duration tenancies

• short limited duration tenancies

Eviction from a modern limited or limited duration tenancy

Your landlord must give you two eviction notices. These are called:

• a written intimation, which must give you 2–3 years' notice

• a notice to quit, which must give you 1–2 years' notice and be sent to you at least 90 days after the written intimation

The notice to quit will not be valid if you do not get a written intimation. The landlord cannot evict you without a valid notice to quit.

If your tenancy reaches the end date and you do not get a valid notice to quit, your tenancy will continue for:

• 7 years if you have a modern limited duration tenancy

• 3 years if you have a limited duration tenancy

The landlord can only evict you at the end of the new term, unless you break a condition of your tenancy agreement.

Eviction from a short limited duration tenancy

The landlord can end your tenancy when your fixed term ends. They do not have to send you a written intimation or notice to quit.

If they do not ask you to leave then your tenancy will continue for:

• 5 years if your agreement was less than 5 years

• 15 years if your agreement was for 5 years

Get legal help to stop or delay your eviction

You can resolve disputes with your landlord at the land court.

Contact a solicitor who specialises in agricultural law if you want to challenge an eviction or take a dispute to court.

You can search for a solicitor on the Law Society of Scotland website.

You can also contact the:

• Scottish Land Commission for free guidance for tenant farmers

• National Farmers Union Scotland (NFUS) who have a free legal helpline for members

• Scottish Tenant Farmers Association who offer members help from chartered surveyors, valuers, solicitors and accountants

Finding somewhere else to live

Start looking for a new home as soon as you can if you’re being evicted.

If you cannot find another agricultural tenancy, you can try:

• looking for a private rented home

• applying for social housing

You can also contact the council and tell them you're being evicted. They have a duty to help if you're at risk of homelessness.

Check our advice on making a homeless application.

If you're not a British or Irish citizen, your rights to homeless help could be different. Check our advice on how your immigration status affects your housing options.