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New guidance on rent reviews

Overview

Morrison-Low v Paterson, a decision of the Scottish Land Court made on 2 June 2010, has been described as ‘the first major case on agricultural rent review law perhaps since Childers v Anker’. That is not an understatement.

While Scottish legislation is different to that in England & Wales, the rent review mechanism governed by section 13 of the Agricultural Holdings (Scotland) Act 1991 (as amended by the Agricultural Holdings (Scotland) Act 2003) does address issues common to rent reviews under the Agricultural Holdings Act 1986.

As a consequence, the conclusions of the Court bear careful scrutiny for those advising in relation to rent reviews under the AHA 1986.

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