Agricultural Holdings Act

Agricultural Holdings Act, 1883, gives the agricultural tenant in Scotland a right on quitting his holding to obtain pecuniary compensation from his landlord for the value to the incoming tenant of such unexhausted improvements, most generally made by tenants, as boning, manuring, &c. The compensation does not include what is due to the inherent capabilities of the soil. As regards such highly permanent improvements as buildings, roads, &c. no compensation is due unless the landlord's consent to their construction has been obtained; and in the case of drainage, the tenant must give notice to the landlord, so that the latter may have the opportunity of executing the drainage himself. The parties cannot contract themselves out of this act, but a specific agreement for what seems fair and reasonable compensation is accepted as fulfilling the tenant's right under the statute. From this compensation must be deducted sums due to the landlord for breach of the lease and for deterioration of the land, and account must also be taken of that portion of the crops sold off the farm during the last two years, which should properly have been consumed for manure. Notice of the intention to claim must be given four months before the end of the lease. The compensation is ascertained by statutory arbitration, which has proved an extremely costly business for both parties, subject to an appeal on certain general points to the sheriff. Although a tenant may be removed for failure to pay six months' arrears of rent, he does not lose his right to compensation. The act also provides that in agricultural leases of more than three years' duration, one or other party must give a notice of termination, not less than one year and not more than two years before the natural expiry; otherwise the lease goes on from year to year. The act also gives the tenant the important right of bequeathing his lease by will. The tenant is entitled to remove such fixtures as houses and engines, but he must give a month's notice to the landlord, who may then buy.