Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S4W-00310 · Session 4

Whether it plans to changes the rights of succession to allow grandchildren to succeed grandparents into farming tenancies.

Answered Asked by Elaine Murray Lab Lodged 26 May 2011

The question

To ask the Scottish Executive whether it plans to changes the rights of succession to allow grandchildren to succeed grandparents into farming tenancies.

The answer

Answered by Richard Lochhead on 9 Jun 2011 · 14 days after it was lodged, on time

The Scottish Government published a consultation paper on 22 March 2011 with a draft Bill which would amend the definition of “near relatives” in the Agricultural Holdings (Scotland) Act 1991 to include grandchildren.
Where a tenant farmer dies and his tenancy passes by succession, a landlord is entitled to serve a notice to quit on the successor tenant. A landlord can serve an incontestable notice to quit on any successor as tenant if they are not a "near relative" of the deceased tenant. Where the successor tenant is a "near relative" of the deceased tenant, that person is entitled to give the landlord a counter notice requiring that the Land Court consents to operation of the notice to quit. In other words, "near relatives" enjoy a degree of protection that other successors do not.
The Scottish Government considers that the class of persons entitled to this degree of statutory protection should be widened to include a grandchild. It is therefore proposed to achieve this through extending the definition of "near relative" to include "grandchild" within the list of relatives of a deceased tenant who are entitled to give a landlord counter notice requiring the Land Court to consent to the operation of a notice to quit.
The consultation is due to close on 30 June 2011.

In the Official Report

No contribution in the Official Report cites S4W-00310 by reference.