Agricultural tenants’ improvements and fixtures in Scotland


Produced in partnership with Emma Robertson J of Shepherd and Wedderburn
Practice notes
Scottish Law

Agricultural tenants’ improvements and fixtures in Scotland


Produced in partnership with Emma Robertson J of Shepherd and Wedderburn

Practice notes
Scottish Law
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There are important differences between agricultural tenants’ improvements and tenants’ fixtures in agricultural tenancies. This Practice Note explains these differences and outlines the landlord and tenant responsibilities and entitlements. It does not cover the provisions for the ‘improvements amnesty’ under section 34A of the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991).

Under the common law, any fixtures and other improvements added by the tenant would accrue to the landlord at the end of the lease. As many agricultural leases can last for prolonged periods, if not indefinitely through succession, AH(S)A 1991 makes provision to allow a tenant to improve the let holding and to be compensated for those improvements by the landlord at termination of the tenancy. In all agricultural tenancies other than repairing tenancies and grazing lets, broadly speaking (but with different rules for the different types of tenancy), landlords are required to provide the necessary fixed equipment (which may include buildings) to run the farm. See Practice Note: Buildings and other fixed equipment in agricultural tenancies

Emma Robertson
Emma Robertson

Partner (Solicitor), Shepherd and Wedderburn

Emma Robertson is accredited by the Law Society of Scotland as a Specialist in Agricultural Law. She has experience across the board in respect of all aspects of rural legal work from the purchase and sale of farms and estates to onshore renewables. Emma has a particular interest in agricultural law and acts for both landlords and tenants across Scotland. Her experience includes the preparation of new agricultural leases including 1991 Act tenancies and fixed duration tenancies, advising on aspects of tenancies including rent reviews, tenant’s improvements, the relinquishment procedure, succession and waygo.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Tenant definition
What does Tenant mean?

A person to whom a lease is granted.

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