Section 8 — Continuation and termination of limited duration tenancies

Agricultural Holdings (Scotland) Bill: Stage 3 – in the Scottish Parliament at 10:30 am on 12th March 2003.

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Photo of George Reid George Reid Scottish National Party 10:30 am, 12th March 2003

Group 7 is on the provision of notice for termination of limited duration tenancies. Amendment 54 is grouped with amendments 55 to 57.

Photo of Murdo Fraser Murdo Fraser Conservative

Amendment 54 deals with the question of notice for the termination of limited duration tenancies. Amendments 55 to 57 are all consequential on amendment 54, and the effect of the amendments, read together, is to require a minimum period of notice to be given by the tenant and to eliminate the requirement for the landlord to give two notices to bring the LDT to an end. The aim is to simplify the proposed legislation in relation to the termination of LDTs. As they currently stand, the procedures in section 8 are unnecessarily complex, as they require a double notice to be given by landlords. They are also inadequate in that they make no provision for a period of notice to be given by the tenant. My amendments seek to turn that situation round and to make the law clearer and simpler.

I move amendment 54.

Photo of Ross Finnie Ross Finnie Liberal Democrat

As Murdo Fraser says, the effect of his four amendments would be to delete the requirements for a double notice to quit under an LDT. However, I am unable to accept any of the amendments. The procedure for a double notice to quit under section 8 has a clear purpose: to give the tenant a long planning window to plan their next steps and to provide an opportunity for the landlord and the tenant to discuss the future of the lease.

I accept that some landlords might prefer it if only a single notice were required, but we must be clear that the current drafting was agreed under a fundamental agreement with the NFUS and the Scottish Landowners Federation. With such industry backing for the current provisions, I must ask Murdo Fraser to withdraw amendment 54.

Photo of George Reid George Reid Scottish National Party

The question is, that amendment 54 be agreed to. Are we all agreed?

Members:

No.

Division number 7

For: Aitken, Bill, Douglas-Hamilton, Lord James, Fergusson, Alex, Fraser, Murdo, Goldie, Miss Annabel, Johnstone, Alex, McIntosh, Mrs Lyndsay, Monteith, Mr Brian, Scanlon, Mary, Scott, John, Tosh, Mr Murray
Against: Adam, Brian, Alexander, Ms Wendy, Baillie, Jackie, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Canavan, Dennis, Chisholm, Malcolm, Deacon, Susan, Eadie, Helen, Ewing, Fergus, Fabiani, Linda, Ferguson, Patricia, Finnie, Ross, Gibson, Mr Kenneth, Gillon, Karen, Godman, Trish, Gorrie, Donald, Grahame, Christine, Grant, Rhoda, Hamilton, Mr Duncan, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Dr Sylvia, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Lamont, Johann, Livingstone, Marilyn, Lochhead, Richard, Lyon, George, Macdonald, Lewis, Macintosh, Mr Kenneth, Maclean, Kate, Martin, Paul, Marwick, Tricia, Matheson, Michael, McAllion, Mr John, McAveety, Mr Frank, McCabe, Mr Tom, McLeish, Henry, McLeod, Fiona, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morgan, Alasdair, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Paterson, Mr Gil, Peacock, Peter, Peattie, Cathy, Radcliffe, Nora, Robison, Shona, Robson, Euan, Rumbles, Mr Mike, Scott, Tavish, Smith, Elaine, Smith, Iain, Stephen, Nicol, Stevenson, Stewart, Stone, Mr Jamie, Ullrich, Kay, Wallace, Mr Jim, Watson, Mike, White, Ms Sandra, Whitefield, Karen, Wilson, Allan

Photo of George Reid George Reid Scottish National Party

The result of the division is: For 11, Against 77, Abstentions 0.

Amendment 54 disagreed to.

[Amendments 55 to 57 not moved.]