Bob McIntosh set out the impact of not extending the provision to notices to quit:
we could end up in the strange situation in which a tenant who loses a small part of his land [on resumption] might get more compensation than a tenant who loses the whole of his holding [under a notice to quit] and his business and livelihood.iNet Zero, Energy and Transport Committee, Official Report, 11 June 2024, col 39
The SLC therefore recommended that the “method of calculation of compensation payable in the case of an Incontestable Notice to Quit is aligned with that which will apply to 1991 Act tenancies where resumption takes place”.iiiScottish Land Commission, Advice on Part 2 of the Land Reform Bill, 4 February 2025
During our evidence session with the Cabinet Secretary, a Scottish Government official stated that there were ongoing discussions with the Tenant Farming Advisory Forum on the resumption provisions, including on treatment if a whole holding is resumed through an incontestable notice to quit and that the issue was “still under active consideration”.iNet Zero, Energy and Transport Committee, Official Report, 18 February 2025, col 54