Tenant wins farm lease case

Closeness of grandfather and grandson relationship wins the day in court

News, 2 August 2006

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A young tenant farmer has won what is being claimed as an important legal victory over his landlord.

The Scottish Land Court has upheld the right of a grandson to succeed to his grandfather, despite earlier advice that he had little chance of success.

Douglas Graham inherited his father's share of the lease to the 1,035 acre Kirkton hill farm in the Pentland Hills, following the death of his father John in 1997. John Graham had shared the lease with his father John Graham senior, who died in 2001. At that point, Douglas assumed the full lease but his landlord then served a notice to quit because a grandson is not a "near relative" of a grandfather under the Agricultural Holdings Acts.

Douglas Graham was advised the decision would be difficult to contest, and agreed with his landlord to enter into a limited partnership agreement, but the landlord changed his mind and served notice to quit.

Jim Drysdale and Judy Williamson of Anderson Strathern took up the case for the Graham family, with Sir Crispin Agnew QC leading the successful case in the Land Court. The case was argued on the basis that it was unsound to state that the relationship between grandfather and grandson was not close.

Mr Drysdale said he thought the case was very important, although it may still be subject to appeal.

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