Eviction if you have a 1991 Act agricultural tenancy

You’ll usually have this type of tenancy if you rent agricultural land and your tenancy started before 2003.

Your landlord can only evict you for specific reasons, called grounds. If the grounds do not apply, you can challenge the eviction at the land court.

Eviction before the end of your fixed term

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

• you owe at least 6 months’ rent

• you’ve gone bankrupt

• you’ve broken a specific term of your tenancy agreement, sometimes called an irritancy clause

Your landlord must send you a valid notice that says why they’re evicting you.

If you’re being evicted before the end of your fixed term, contact a solicitor. They could help you challenge the eviction at the land court.

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

Eviction at the end of your fixed term

Your landlord must send you a valid notice to quit. This must give you between 1 and 2 years’ notice.

Your landlord can only evict you for specific reasons, called grounds.

For a notice to quit to be valid, it must include:

• the correct date, which must match the end date of your tenancy agreement

• a valid ground for eviction

The eviction grounds are:

• you have rent arrears

• you’ve broken a term of your tenancy agreement

• you’ve become bankrupt

• the lease is for permanent pasture or grassland, and the fixed term is coming to an end

• your landlord wants to use the land for something other than agriculture, and planning permission has been granted

• the land court has stated within the last 9 months that you’ve not been farming the land properly

• you inherited your tenancy from someone other than your parent or your spouse

If one of these grounds applies to you, you’ll usually have to leave by the date on the notice to quit.

If the grounds do not apply to you

Send your landlord a counter notice in writing to challenge the eviction. You can do this if either:

• you think the ground used does not apply to you

• the landlord has not given a valid ground

Your counter notice should say why the ground does not apply to you. You must send it to your landlord within 1 month of receiving the notice to quit.

If you send a counter notice, your landlord must apply to the land court. The land court will decide whether you must leave by the date on your notice to quit.

What the land court must consider

The land court must decide if evicting you is fair, reasonable, and in the public interest.

They’ll consider whether:

• ending your tenancy is in the interests of good farming practice

• ending your tenancy is in the interests of the estate

• evicting you would cause less financial hardship to your landlord

• your landlord wants to use the land for research, experimentation or education

• your landlord wants to use the land for something other than agriculture, but planning permission has not been granted yet

Get legal help to stop the eviction or claim compensation

Contact a solicitor who specialises in agricultural law if you want to challenge an eviction. A solicitor can negotiate with your landlord and represent you in court.

If you’re evicted, you could get compensation. A solicitor can help you work out how much you’re entitled to.

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.