THE Scottish Tenant Farmers Association (STFA) has commended Scottish Land and Estate's (SL&E) statement that its members are wholly committed to make the amnesty on tenant improvements work "well and fairly". SL&E have also sought to clarify its position regarding tenant improvements to farmhouses.
STFA chairman Christopher Nicholson said: "We obviously welcome this signal that landlords are ready to play their part in the amnesty on tenants' improvements. This amnesty presents tenant farmers with an opportunity to remedy deficiencies in paperwork which would otherwise have rendered many of their improvements to the farm ineligible for end-of-tenancy compensation."
Mr Nicholson went on to explain: "The amnesty process will, no doubt, be complicated. Although the intention is clear, some of the legislation is confusing and open to different interpretations, such as the treatment of improvements to farmhouses and cottages and the notion of what is "fair and equitable".
"Housing under an agricultural lease is exempt from the Housing Acts and as landlords are under no obligation to bring housing up to acceptable standards they have traditionally been reluctant to invest in farmhouses. Consequently improvements have invariably been carried out by tenants over the years and it is only right and proper that they should receive compensation at waygo (leaving the farm)."
Mr Nicholson went on: "There are a number of grey areas around some aspects of the amnesty and STFA will be calling on the new Tenant Farming Commissioner, Bob McIntosh, to work with stakeholder organisations to find common agreement on resolving differing interpretations. STFA has already recommended the Land Commissioner and the Tenant Farming Commissioner approach the Land Court to explore ways of determining disagreements without embarking upon an expensive court case."
The amnesty starts in earnest on June 13 and STFA is urging tenants to make an early start in preparing for it by checking leases and looking through past paperwork so they can substantiate the notices they will be serving. In doing so, tenants should remember to detail improvements they have made to the farm which will not be eligible for compensation, but which must be taken into account in rent reviews - an important consideration with changes to the rent test imminent.
Mr Nicholson added: "Many tenants, especially those undergoing a rent review, have already embarked on the process of registering improvements and fixtures. There is, of course no reason why landlords and tenants should not agree to recognise improvements before the legislation is activated. Andrew Thin, the Government's independent adviser, has some useful guidance on the Government website."
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules here