Style Lease
Grazing Let

Between

[ ], residing at [ ]/ incorporated under the Companies Acts (Registered Number [ ]) and having its Registered Office at [ ](hereinafter referred to as "the Landlord"); and

[ ] residing at]/ incorporated under the Companies Acts (Registered Number [ ]) and having its Registered Office at [ ] (hereinafter referred to as "the Tenant")

The Landlord hereby lets to the Tenant a right of grazing for [sheep and/or beef] only (the “Livestock”) over that area of ground known as Insert description of subjects and shown delineated in Insert description of plan colouring on the plan annexed and signed as relative hereto (the "Subjects") and that on the following terms and conditions: -

The let will commence on Insert commencement date and will terminate on Insert date less than one year from commencement date (the "Grazing Season"), on which date all livestock shall be removed from the Subjects without any prior notice.

The rent for the Grazing Season shall be Insert amount payable as follows: - Insert amount will be due and payable on Insert date; and Insert amount will be due and payable on Insert date.

The Subjects shall only be used for the purpose of grazing attested and accredited Livestock belonging to the Tenant in accordance with the terms of Section 3 of the Agricultural Holdings (Scotland) Act 2003 and for no other purpose whatsoever and in particular but without prejudice to the said generality (i) the use of the Subjects for any business or trade and the cultivation and cropping of the Subjects are both expressly prohibited; and (ii) the Subjects shall be used for grazing by livestock for the Grazing Season only and at no other times during the term of this agreement without the prior written consent of the Landlord.

The Tenant will be wholly responsible for providing and any necessary lime and fertiliser to the Subjects. The Tenant is required to leave the land in good heart at the termination of the Grazing Let and to exercise the grazing rights herein granted during the Grazing Let in such a way as not to permanently injure or damage the grass.

No buildings or structures will be erected on the Subjects. No rubbish or noxious material will be left or deposited on the Subjects.

No treatment of the Subjects with fertilisers, pesticides or other chemical applications will be permitted without the Landlords' prior written consent.

No animals belonging to any person other than the Tenant shall be grazed on the Subjects.

The Landlord reserves all minerals under the Subjects, the whole shooting rights for the taking of game (including ground game) and the destruction of vermin and the power to alter marches. The Tenant accepts that the Landlord has no responsibility for any damage caused to the Subjects by game, ground game or vermin.

The let will be subject to all wayleaves, servitudes, rights of way, accesses etc existing or which may be created during the period of let. The Landlord and their agents will be entitled to access to the Subjects at all times subject to exercising reasonable care and restoring any damage caused thereby.

The Tenant accepts that (i) the fields constituting the Subjects, (ii) the fences and drystane dykes and gates surrounding the Subjects, (iii) the drains on the Subjects and (iv) any shelter already erected on the Subjects are in a good and stockproof state of repair and condition at the commencement of the Grazing Season and the Tenant shall be responsible for the maintenance and repair of the said fields, fences, drystane dykes, gates, drains and any shelter already erected, during the Grazing Season to the satisfaction of the Landlord so that at the termination of the Grazing Let the fields, fences, drystane dykes, gates, drains and any shelter already erected shall be in no worse condition than they were at the commencement of the Grazing Season.

The Tenant will inspect the Tenant’s livestock every day and will be responsible for the control and management of the Tenant’s livestock on the Subjects in accordance with all statutory welfare codes relating to the livestock. No sick animals or animals suffering from infectious diseases will be brought onto the Subjects and any carcass or animal found to be sick or suffering from a disease, will be removed by The Tenant immediately.

The Landlord will not be responsible for any claim or loss or damage to any party and any property however caused which may arise from the use or occupation of the Subjects during the period of let. Furthermore, The Tenant shall free and relieve the Landlord of all liability in respect of loss, injury or damage, whether to person or property, of whatever nature arising from the Tenant’s use of the Subjects and whether through acts or omissions of the Tenant or that for whom the Tenant is responsible, including (a) claims raised by third parties arising from such use, acts or omissions, including as a result of animals occupying the Subjects or straying on to adjoining property or public roads, (b) the death of or injury to the animals upon the Subjects and (c) any such loss, injury or damage caused to the property or person of the Landlord or those for whom the Landlord is responsible. The Tenant shall maintain Public Liability Insurance for the duration of the Grazing Season and shall exhibit their current policy (together with receipts evidencing payment) where reasonably requested by the Landlord, within 7 days of such a request being made.

This let will not be assigned either in whole or in part. The Subjects will not be sub-let either in whole or in part.

The Tenant will be responsible for cutting down and destroying all thistles, docks, ragwort and other weeds on the Subjects.

The Tenant will not have any claim against the Landlords at the termination of the let for any item or items left on the subjects.

This Grazing Let may be terminated by the Landlord or the Tenant upon either party giving 30 days' notice in writing to the other party. Such notice shall be sufficiently served if sent by Recorded Delivery Post to the [Landlord’s address detailed in this Grazing Let/Registered Office of the Landlord] or to the Tenant’s address detailed in this Grazing Let/Registered Office of the Tenant] (as appropriate) and shall be deemed to be served at the expiry of 2 days after the day of posting.

At the Termination of the Grazing Let the Tenant will immediately vacate the Subjects and remove therefrom all livestock, equipment and others without notice or other warning.

In the event that the Tenant, in the reasonable opinion of the Landlord fails to comply with any of the conditions herein contained, becomes bankrupt or has a receiver appointed or goes into liquidation, or if the Rent remains unpaid for more than 14 days then this Grazing Let will become automatically null and void without warning or other process of law.

No Basic Farm Payment Entitlements allocated to the Landlord in terms of the Basic Farm Payment Scheme established by Regulation (EU) No 1307/2013 of the European Parliament and of the Council of the European Union as amended or supplemented by and other relevant regulations or legislation, European or Domestic, from time to time or otherwise are included in this let but the subjects of let are at the disposal of the Tenant in terms of the Basic Farm Payment Scheme during the period of this let.

The Tenant shall not do or omit to do anything on or about the Subjects which constitutes a breach of the Cross Compliance requirements (which include the Statutory Management Requirements and the requirements to maintain the subjects of let in Good Agricultural and Environmental Condition) forming part of the said Basic Farm Payment Scheme which would incur the Landlord in any liability of any description and shall free, relieve and indemnify the Landlord in respect of any such liability which may arise as a result of any act or omission or negligence on the part of the Tenant or any person for whom the Tenant is responsible and whether any claim in respect thereof shall arise or be intimated before or after the date of termination of this let. Without prejudice to the foregoing generality, the Tenant shall not at any time dispose of sheep dip or any other potential pollutant on the Subjects.

The Tenant shall not do or permit to be done anything on the Subjects that are illegal or may be or become a nuisance (whether actionable or not), cause damage, annoyance, inconvenience or disturbance to the Landlord or any owner or occupier of neighbouring property or other persons.

If the Tenant occupied the Subjects during the preceding grazing season the Tenant acknowledges by his signature hereof that he vacated the Subjects on termination of the previous grazing let and the grant of this grazing let is a separate grazing let for the current grazing season and not a modification or extension of the previous grazing let.

This Grazing Let is one to which Section 3 (1) of the Agricultural Holdings (Scotland) Act 2003 (the “2003 Act”) applies and confers upon the Tenant no security of tenure or other statutory protection. For the avoidance of doubt this let is not and shall not in the future become a Short Limited Duration Tenancy in terms of Section 4(2) of the 2003 Act. IN WITNESS WHEREOF these presents typewritten on this and the preceding four pages are together with the plan annexed hereto are subscribed as follows:

SUBSCRIBED by [ ]
At
On
Before this witness:	Signatory
Print Full Name	Witness
Address

SUBSCRIBED by [ ]
At
On
Before this witness:	Signatory
Print Full Name	Witness
Address

NOTE:	The foregoing document is an indicative style only and it is strongly recommended that parties take independent legal advice before entering into any Agreement.

Community Land Advisory Services accept no liability for any loss, damage or injury suffered or caused by any party as a result of entering into any Agreement based on the foregoing indicative style.