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ARTICLE · 25 JUNE 2018

Relinquishing Secure 1991 Act Tenancies

Shepherd and Wedderburn
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One of the most controversial parts of the Land Reform (Scotland) 2016 Act, concerning agricultural tenancies, is the introduction of provisions for relinquishing and assigning tenancies.

United KingdomReal Estate and Construction
Hamish Lean
Hamish Lean
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Relinquishment – a new option for agricultural tenants

One of the most controversial parts of the Land Reform (Scotland) 2016 Act, concerning agricultural tenancies, is the introduction of provisions for relinquishing and assigning tenancies. When these provisions come into force, on a date still to be determined, they will allow a tenant in a secure tenancy to offer to 'sell back' the tenancy to the landlord. If the landlord decides not to buy, the tenant can sell the tenancy on the open market to a new entrant or a progressing farmer.

Relinquishment

Before being able to assign the tenancy on the open market, the tenant must serve a notice of relinquishment on the landlord, indicating that the tenant will quit the tenancy provided the landlord pays them compensation for doing so.

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