Anderson Strathern - Limited Partnerships

Limited Partnerships

Because of the special position of partnerships in Scotland, whereby they are accorded separate legal personalities, limited partnerships have in recent years been used as a vehicle for the establishment of fixed term tenancies of agricultural land.

		The Agricultural Holdings (Scotland) Act 2003 however contains measures designed to discourage the use of limited partnerships (and indeed all partnerships) by giving non-landlord partners the right to claim tenancies as individuals. The same right is extended to general partners in limited partnership leases which landlords have attempted to terminate since the Bill was first introduced, on 16 September 2002.

The principal purpose of limited partnership leases (i.e. to create a lease with a fixed term) has been made redundant to a great extent by the introduction of new forms of short limited duration and limited duration tenancies. For more information contact Alasdair Fox



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