Scotland court deadlines
When must the tenant serve the qualifying section 22 counter-notice on the landlord?
Section 22(1) ordinarily allows one month from the actual giving of the qualifying notice to quit. Section 23(3) supplies a distinct extended month from issue of a qualifying Land Court determination. The correct agricultural tenancy, statutory exclusions, actual event and written service must be established. This period does not determine whether the notice is valid or possession is available.
- Period
- 1 calendar months after the selected actual source event
- Trigger
- actual giving of the qualifying notice to quit, or issue of the qualifying section 23(3) Land Court determination
- Rule
- Agricultural Holdings (Scotland) Act 1991 ss 22(1),(2),23(2),(3),(6),(8)
Current official legislation. Supported events and endpoints are within 2024 through 2028. The actual tenancy, planning route and any applicable transition must be established.
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When must the tenant serve the qualifying section 22 counter-notice on the landlord?
Section 22(1) ordinarily allows one month from the actual giving of the qualifying notice to quit. Section 23(3) supplies a distinct extended month from issue of a qualifying Land Court determination. The correct agricultural tenancy, statutory exclusions, actual event and written service must be established. This period does not determine whether the notice is valid or possession is available.
Responsible actor. Eligible tenant or planning applicant using the exact statutory procedure.
Establish actual giving of the qualifying notice to quit, or issue of the qualifying section 23(3) Land Court determination.
The actual agricultural holding and tenant fall within the 1991 Act section 22 route. A modern limited-duration tenancy, section 32 or 66 notice, or another agricultural procedure is not substituted.
Only the exact ordinary source branch is supported. The actual event, route, applicable current regime and completion facts must be established.
Agricultural Holdings (Scotland) Act 1991 ss 22(1),(2),23(2),(3),(6),(8)How does this provision count time?
- Exclude the actual event day and use the corresponding date in the target month.
- No weekend, bank-holiday or office-closure extension is inferred. A target month without the corresponding date requires separate review and produces no automatic date.
- Complete the actual required notice and supporting documents through the statutory route and within its cutoff.
Exclude the actual event day and use the corresponding date in the target month.
No weekend, bank-holiday or office-closure extension is inferred. A target month without the corresponding date requires separate review and produces no automatic date.
Agricultural Holdings (Scotland) Act 1991 ss 22(1),(2),23(2),(3),(6),(8)What do independently checked examples show?
Fictitious example
Fictional established facts. The selected actual event occurs on Thursday, October 15, 2026. Every stated scope condition is established.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictional established facts. The selected actual event occurs on Thursday, October 15, 2026. Every stated scope condition is established. Exclude the actual giving or issue day and use the corresponding date one calendar month later. No court or office holiday extension is inferred. | Sunday, November 15, 2026 |
| Example 2. Material procedural branch | Fictional established facts. The selected actual event occurs on Thursday, February 29, 2024. Every stated scope condition is established. Exclude the actual giving or issue day and use the corresponding date one calendar month later. No court or office holiday extension is inferred. | Friday, March 29, 2024 |
| Example 3. Closed-day boundary | Fictional established facts. The selected actual event occurs on Sunday, October 18, 2026. Every stated scope condition is established. Exclude the actual giving or issue day and use the corresponding date one calendar month later. No court or office holiday extension is inferred. | Wednesday, November 18, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source condition 1
- The actual agricultural holding and tenant fall within the 1991 Act section 22 route. A modern limited-duration tenancy, section 32 or 66 notice, or another agricultural procedure is not substituted.
- Source condition 2
- For the ordinary branch, section 22(1) actually applies and the section 22(2) exceptions and section 23(6) subtenancy exclusion do not displace it. No determination extends the ordinary period.
- Source condition 3
- For the extended branch, the tenant actually required a determination under section 23(2), and the issued Land Court determination establishes that section 22(1) would have applied if a timely counter-notice had been served. A pending request or hearing does not establish this branch.
- Source condition 4
- I established the actual giving of the notice to quit or actual issue of that qualifying determination. A presumed posting or later reading date is not substituted.
- Source condition 5
- The tenant must serve a written counter-notice requiring section 22(1) to apply on the actual landlord. Any required section 23(8) notice to a subtenant is separate and must also be checked.
- Source condition 6
- No different tenancy regime, actual order, statutory variation or other extension changes this fixed one-month period. The calculation does not establish the validity of the notice or entitlement to possession.
- Only the exact ordinary source branch is supported. The actual event, route, applicable current regime and completion facts must be established.
- A decision, notice receipt, full reasons, summary reasons, determination expiry and taking-effect date are different events. Use the selected actual source event.
What must the responsible actor complete?
Questions about this procedure
When must the tenant serve the qualifying section 22 counter-notice on the landlord?
When must the tenant serve the qualifying section 22 counter-notice on the landlord?
Section 22(1) ordinarily allows one month from the actual giving of the qualifying notice to quit. Section 23(3) supplies a distinct extended month from issue of a qualifying Land Court determination. The correct agricultural tenancy, statutory exclusions, actual event and written service must be established. This period does not determine whether the notice is valid or possession is available.
Agricultural Holdings (Scotland) Act 1991 ss 22(1),(2),23(2),(3),(6),(8)Does any pending Land Court application extend this period?
No. The supported extended branch requires an actual section 23(2) determination with the specific section 23(3) outcome. A request, hearing appointment or pending case does not establish that outcome or issue date.
Agricultural Holdings (Scotland) Act 1991 ss 22(1),(2),23(2),(3),(6),(8)How are weekends and closures handled?
No weekend, bank-holiday or office-closure extension is inferred. A target month without the corresponding date requires separate review and produces no automatic date.
Agricultural Holdings (Scotland) Act 1991 ss 22(1),(2),23(2),(3),(6),(8)Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Agricultural Holdings (Scotland) Act 1991 ss 22(1),(2),23(2),(3),(6),(8) | Check the identified procedure, event, counting rule or qualification |