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Your rights in limited duration agricultural tenancies

If you rent agricultural land and your tenancy started after 2003, you'll usually have either:

  • a modern limited duration tenancy (MLDT)

  • a limited duration tenancy (LDT)

  • short limited duration tenancy (SLDT)

All 3 of these tenancies have similar rights and responsibilities. Having an MLDT or an LDT gives you extra rights.

Check which kind of tenancy you have

If your tenancy started between 2003 and November 2017, you'll usually have an LDT or an SLDT.

You'll have an MLDT lasting for 10 years or more if either:

  • your tenancy started on or after 30 November 2017

  • your lease says that your tenancy lasts between 5 and 10 years

  • you have an SLDT and it has continued for longer than 5 years

You'll have different rights if:

Your landlord’s responsibilities

Your landlord’s responsibilities are similar in these kinds of tenancies. If they do something wrong, ask them to put it right.

If they refuse, you could go to the land court.

Before going to court, get legal advice from a solicitor specialising in agricultural tenancy law. Find a solicitor on the Law Society of Scotland.

Check the Scottish Land Court's guidance on applying.

Providing a written agreement

Your landlord must give you a written agreement called a lease. You should get it before your tenancy starts.

Ask your landlord for a lease if they have not given you one. They must do so within 6 months.

The lease must include:

  • a description of the land you're renting

  • how long you'll be renting it for

  • how much the rent is and when you need to pay it

  • a list of all the fixed equipment on the land

  • information about who's responsible for repairs to fixed equipment

  • details of your landlord's insurance responsibilities

  • details of your insurance responsibilities

The lease cannot include anything that prevents you from farming the land properly, or that weakens your rights.

If you and your landlord cannot agree on the terms of your tenancy agreement, you can ask the land court to decide.

Repairs

You and your landlord both have responsibilities to maintain the fixed equipment on the land you’re renting.

Fixed equipment means things like:

  • outhouses and barns

  • fences, hedges and gates

  • water and sewage systems

  • roads, bridges and fords

  • fixed electrical items, such as generators and fixed motors

If you cannot afford repairs, you could get a grant or loan through the scheme of assistance.

Check our advice on repairs and improvements if you’re an agricultural tenant.

Rent increases

If you have an SLDT there are no legal rules about rent increases. You and your landlord will need to negotiate or follow the process written in your lease.

In an MLDT or an LDT your lease should say if and how your rent can be changed. If it does not, then either you or your landlord can request to change the rent with a rent review notice. The minimum amount of notice either of you can give is 1 year before the new rent will take effect.

If you have an MLDT or an LDT you can only have a rent review once every 3 years. There’s an exception if your landlord carried out improvements to the land and wants to put up the rent. In this case, they must give you written notice within 6 months of completing the improvements.

Your rights and responsibilities

Check your lease for your full responsibilities. Your responsibilities include:

  • paying your rent on time

  • taking care of the land and equipment

  • reporting any repair problems and allowing access for repairs

  • not causing a nuisance to your neighbours

  • asking permission if you want to sublet

  • notifying your landlord if you want to use the land for other purposes, like tourism

If you have an SLDT you cannot use the land for any purpose other than agriculture.

If you want to move out

You can end the tenancy at any time if your landlord agrees. Make sure to get their confirmation in writing.

If you want to end the tenancy when your lease expires, you have to give your landlord between 1 and 2 years' notice. Your lease should say how much notice you need to give.

The end of the notice needs to coincide with the date your lease expires.

If you have an MLDT and are new to farming, your lease may say you can mutually agree with your landlord to end your tenancy after 5 years. Either you or your landlord would need to give between 1 and 2 years' notice before the 5 year date if you want to end the tenancy this way.

Use our letter template to end your tenancy correctly.

If you want to pass your tenancy to someone else

You have the right to leave your tenancy to any of the following people in your will:

  • your spouse or civil partner

  • a blood relative, excluding cousins

If you have an MLDT or an LDT you have extra rights to:

  • ask your landlord to transfer your tenancy to someone else, called assignation

  • sublet the land if it says you can in your lease

Your landlord can object to an assignation in specific circumstances. Get legal advice from a solicitor if this happens.

If you transfer the tenancy your tax liability could be affected, so you should get advice from a solicitor.

Find a solicitor on the Law Society of Scotland

Check our advice on getting legal help for free or at a lower cost.

If your landlord wants you to leave

Your landlord can evict you if:

  • you break a term of your lease

  • they need the land back for non-agricultural purposes

We have more guidance on eviction from limited duration tenancies.

Organisations that help tenant farmers

Last updated: 2 November 2023

Housing laws differ between Scotland and England.

This content applies to Scotland only.

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