STFA calls for tenant farmers to prepare for next spring’s improvements amnesty
THE Scottish Tenant Farmers Association (STFA) is calling on all tenant farmers to start preparing for the amnesty on tenant improvements which is likely to commence in the spring of 2017.
The amnesty is one of the provisions of the Land Reform Act (Scotland) 2016 and allows for certain past improvements carried out by the tenant to be eligible for waygo (end of a tenancy) compensation despite missing notices or consents.
The amnesty will only last for a three-year period during which a tenant may give notice to his landlord that he intends to claim compensation at waygo for certain existing improvements.
It will not apply where the landlord objected to the original improvement notice from the tenant, or the improvement has been carried out in a manner significantly different from the original notice.
The landlord’s grounds for objecting to an amnesty notice is limited to one or more of the following:- That it is not fair and equitable for compensation to be payable for the relevant improvement; that the landlord carried out the improvement in whole or in part; the landlord gave or allowed a benefit to the tenant in consideration of the tenant carrying out the improvement.
STFA chairman Christopher Nicholson said: “The amnesty is a one-off opportunity for tenants to ensure that their improvements will be eligible for compensation at waygo. It is one of the most important provisions of the 2016 Act, not only to give fair compensation for improvements, but also to establish a record of tenant’s improvements that must be “black patched” or disregarded at rent reviews.
“The amnesty may involve considerable work for tenants in looking out evidence that the tenant or his predecessor carried out the improvements. It is important that tenants look far and wide when making a list of improvements, as the definition of an improvement is broad.
Included are improvements to land such as ditches, drainage, removal of stones and other obstacles to cultivation; field boundaries; access improvements; provision of services; and any buildings including houses and cottages.” C&D Auction Marts Ltd had 7887 store lambs and feeding ewes in Longtown on Tuesday. Top prices and averages for selected breeds of lambs: Cheviots to £57 and averaged £45.46 (-£3.12 on the week); Blackfaces £58 and £37.29 (-£2.77); Texels £70.50 and £58.70 (-£1.23); Suffolks £70 and £57.05 (-25p); Greyfaces £59.50 and £52 (-£1.50).