A law firm for life
Agricultural Tenancies

Agricultural Tenancies

As a law firm working with rural communities, we pride ourselves on being Agricultural Law experts. Agricultural Law is highly complex. However, The McKinstry Company has an expert team of Agricultural Lawyers ready to answer your queries and provide support.

Agricultural tenancies can present particular legal problems for farmers and farming businesses. Here we explain some of the key types of tenancy. It is important that you understand what kind of tenancy you have, so you know what your rights are. Please do get in touch if you need advice on any matter relating to agricultural tenancies – we would be delighted to assist you.

Short Limited Duration Tenancies (SLDTs)

The Agricultural Holdings Scotland Act 2003 created a type of agricultural tenancy called the short limited duration tenancy (SLDTs). These leases are leases for not more than five years. If you have an SLDT and are then permitted to rent the land for longer than five years, it will automatically convert to a limited duration tenancy (or a modern limited duration tenancy, as discussed below). LDTs and SLDTs have different rights associated with them, so it is important you understand what kind of lease you have. For example, a short limited duration tenant can only use the land for agricultural purposes, not other purposes such as tourism.

Limited Duration Tenancies (LDTs) and Modern Limited Duration Tenancies (MLDTs)

The 2003 Act introduced Limited Duration Tenancies and many tenants of more than five years will have LDTs. However, it is important to note that changes came into force in 2017 that created the Modern Limited Duration Tenancy (MLDT). LDTs that were in effect before 30 November 2017 continued to be LDTs and remain in force as such. However, now that these are in force, it is no longer possible to enter into a new LDT. These leases last for a minimum duration of 10 years and tenants have more extensive rights than under an SLDT, as noted above. An MLDT tenant can use the land for non-agricultural purposes so long as this ‘diversification’ is permitted by the landlord.

Grazing Lets

Grazing lets are far shorter than both SLDTs and LDTs. They are perhaps most appropriate where landowners are not using their land and want to let it out for a short period. Rather than entering into an SLDT, which carries additional requirements and responsibilities, a grazing let may be appropriate. These lets are seasonal, for a specific period, and are for a period not exceeding 364 days. The tenant can let the land again, but a clear day must lapse between the tenancies. If there is not a clear day gap, the lease will convert to an SLDT.

These leases are only to be used for grazing or mowing, so they may not be appropriate in your circumstances. If other types of activity occur, the lease can, again, convert to an SLDT. The landlord and tenant should be very clear on the purpose the land is being used for.

Contact our Agricultural Law Solicitors in Ayrshire, Scotland

As a landowner or as a tenant, it can be difficult to understand what type of tenancy is right for you. If you want to learn more about agricultural tenancies, get in touch today. You can contact us on 01292 281711 or via our online enquiry form. Our friendly and dedicated team are here to help you.

Debbie Dunlop Partner
Contact Debbie
View Debbie's Profile

Based in our Girvan office, Debbie is a Partner who is highly experienced in Private Client work, particularly in the agricultural and farming sectors. She used to enjoy travelling the world, but now married to a farmer, she spends her weekends in wellies, feeding cattle or on the back of a quad bike. Debbie is also a member of the Agricultural Law Association.

Having lived in Rome for a number of years, Debbie also studied Law at the Université d’Auvergne in Clermont-Ferrand – as a result, she is fluent in both Italian and French. She can also speak a bit of Spanish, thanks to travelling around various Central and South American countries, including walking the Inca trail. She has managed to convince her husband that the cattle in Argentina will be worth a look at some time soon!

A keen runner, Debbie has competed in 10Ks and half marathons, even completing the Rome Marathon. This now comes in handy during lambing time chasing after ewes.

Ayr Sandgate

Queen’s Court House
39 Sandgate
Ayr, Ayrshire
KA7 1BE

01292 281711
enquiries@mckinstry.co.uk

  • Disability access
  • Parking close by

Girvan

146-148 Dalrymple Street
Girvan, Ayrshire
KA26 9BQ

01465 713118
enquiries@mckinstry.co.uk

  • Disability access
  • Parking close by
Join the McKinstry family
Some of our happy clients

  • All very prompt, efficient, clear, friendly and personable. Not overwhelming with legal jargon. Many thanks for making the process of setting up a will so straightforward.

    Mrs D, Troon

  • We required our Wills to be amended and that was done without any problems whatsoever.

    Mrs F, Ayr

  • Very business-like and helpful

    Mr M, Ayr

  • I was very impressed with the professionalism shown by all members of staff I had any dealing with. All calls and emails were relevant to the sale of my flat. All questions I had were dealt with at the time. For any further legal matters I will certainly be using The McKinstry Company

    Mr H, Ayr

  • Excellent service most happy with attentiveness and customer service.

    Mr F, Condorrat

  • Nat & Libby efficiently dealt with every question I had.

    Mrs K, Ayr

  • Kirsty understood our weird schedule when we were often 8 hours behind UK time, and simplified things for us by liaising via email. She was extremely approachable and dependable. In Kirsty’s absence, Jodie and Nathaniel would step in and communicate with us, and were very helpful too.

    Mrs N, Ayr

  • Great service and always on hand to answer our questions. Prompt and efficient response.

    Mr H, Ferniegair

  • Questions and communication were answered promptly

    Mr W, Sinclairston

  • Speaking from my own personal experience I was perfectly happy with the service I received. Everything was done to my satisfaction.

    Mrs I, Largs

  • Very efficient, timely and very mannerly on the phone

    Mr McN, Mauchline

  • The service was superb.  Kirsty and team were extremely helpful.

    Mr and Mrs R, Ayr

  • First class service from start till finish. Always there to give help and advice.

    Mr R, Ayr

  • Great service and advice from a good professional company.

    Mr R, Kilmarnock

  • Excellent, very friendly and professional. I will be using you for all my property transactions in the future!

    Mrs S, Godstone

  • My case was handled sensitively and smoothly.

    Mr N, Ayr

  • Everyone concerned in the sale of our property was very efficient and kept us up to date with all happenings.

    D Ferguy, Cookstown

  • Great service.  Would recommend you to others.

    Mr S, Kirkmichael

  • Communication was always available when required. Made me feel confident throughout the process.

    Mr L, Ayr

  • Always replied or phoned back when I needed my questions answered.

    Miss McF, Patna

  • A very prompt and friendly service, a pleasure to deal with.

    Mr R, Aberdeen

  • Robert was very supportive.

    M Carruthers, Kilmarnock.

  • Great, Rebecca was very pleasant to deal with and went out of her way to help with our case

    S Everett, Kilbarchan

  • The solicitor / paralegal I was dealing with was very professional and performed to a high standard. I was very impressed.

    B Ferguson, Methil

  • Local firm, word of mouth good reports.

    K Rooney, Glasgow

  • All queries were dealt with in a prompt and professional manner and I was kept informed of progress as events developed. Thank you very much for making a difficult situation much easier to deal with.

    Mrs McG, Ayr

  • Communication via telephone and email was regular, prompt and comprehensive. All queries and questions were answered with no delays or problems. My experience with the McKinstry Company was pleasant and smooth.

    Mr McK, Ayr

  • My family and I received excellent service from everyone with whom we had contact. The service was of the highest standard and, as I have in the past, I will continue to recommend the company to anyone seeking legal assistance.

    Mrs S, Ayr

  • All emails and calls were dealt with promptly. Very impressed. Very very pleased with service.

    Mr and Mrs H, Hull

  • I enjoy the friendly atmosphere. Very professional.

    Mrs A, Ayr

  • Mr Honeyman was very professional and knowledgeable which made us feel reassured. Very happy with the service and if I needed a solicitor again I would get in touch.

    Mr B, Ardrossan

  • Prompt quick efficient communication.

    Mrs K, Cumnock

  • Ease of making appointments and timescale for completion of business all good.

    Mr & Mrs T, Maybole

  • Gave reassurance and comfort at a stressful time. I felt ten times better after our first meeting and support provided ultimately exceeded my desired outcome.

    Mr N, Saltcoats

  • The supportive way that the advice was provided along with the willingness to fit appointments in with our requirements

    Mr R, Ayr

  • The whole process was handled with upmost professionalism throughout.

    Mr McN, Kilwinning
Website by BBD
X