Guidance for tenant farmers

Scotland’s newly appointed Tenant Farming Commissioner (TFC) has issued a code of practice on the amnesty of tenants’ improvements.

Bob McIntosh, who is one of six commissioners at the Inverness-based Scottish Land Commission, has produced the guidance for landowners, tenant farmers and agents.

It comes ahead of the Scottish Government’s improvements amnesty which will commence today.

“The code is intended to help landlords and tenants work together in a fair and transparent manner to agree on a definitive list of tenants improvements which may be eligible for compensation at waygo,” said Mr McIntosh.

He said landlords, tenants and agents who followed the principles set out in the code, and who acted “reasonably”, would avoid the risk of being subject to a complaint that must be upheld by the commissioner.

“In broad terms, disagreements should be resolved by dialogue, mediation or arbitration,” added Mr McIntosh.

“Failure to reach agreement or engage in mediation will not in itself necessarily constitute a breach of the code but the TFC may decide that an obstructive or unreasonable attitude by either party may constitute a breach.”

Rural economy secretary Fergus Ewing hailed the launch of the guidance.

He said: “A vibrant, robust tenant farming sector is a key component of a strong, sustainable rural economy, now and in the future.

“I welcome the publication of this code of practice, which has been developed through the Tenant Farming Commissioner working closely with stakeholder organisations, I hope that it will prove useful to both tenants and landlords.”

The code of practice is available online at www.landcommission.gov.scot/tenant-farming/ codes-of-practice/.