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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12536
Experience:  30 years as a practising solicitor.
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I belong to a dog training club in Scotland. We are renting

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Hi there, I belong to a dog training club in Scotland. We are renting land from a farmer for training and have been sent a contract from his solicitor.
We are happy with the agreement but there is 1 question we have. Point 4 states
4) the tenancy will run for 364 days per annum initially from 1st April 2017 until 30th March 2018 and thereafter until either party gives the other party one months notice of termination.
Point 6 states
6) the arrangement will note ( I believe a spelling mistake think they meant not) be deemed to be a legal tenancy but rather a license to occupy and can be brought to an end by either party giving the other 6 month's advance notice in writing.
When we had our meeting with him he explained that he wanted it to run less than a year to avoid potential for crofters rights which he has had issues with in the past. I think the tenancy v right of occupancy issue is because the land was previously used by a football club and the building is in a bit of a state. He noted in the agreement that we undertake all maintenance and repairs. We have been using the land with his consent in a verbal agreement for free for 3-4 years and 5-6 years before that as a sub let with the football club, which has folded.
Our question is point 4 states 1 month notice, point 6 states 6 months notice. We understood after speaking with him that 6 months notice was the agreement.
Essentially the question is which is it.
Hope you can help

Thanks for your question. I am a solicitor in Scotland. The agreement might be that it runs for a day less than a year with six months required to terminate that initial terms but if it runs past that one months notice has to be given. However I rather suspect that this is a drafting error. You should ask the farmer or his solicitor to have this amended to one or the other. Happy to discuss further but I would not be happy with this as it stands. I hope that helps. Please leave a positive rating so that I am credited for my time.

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