Tenants welcome list update

Last updated in 1948, a review conducted by the Tenant Farming Commissioner (TFC) of the list of work qualifying as a “tenant’s improvement” will see modern items such as slurry stores, silage pits and equipment to mitigate pollution qualify for compensatory payments when a lease is given up.

The TFC, Bob Mcintosh, yesterday revealed his recommendations to ministers for a modern list of improvements to qualify under Schedule 5 of the Agricultural Holdings Act to avoid discouraging expenditure in these areas. “If tenants are to be encouraged to invest in a holding it is important that the list of improvements eligible for compensation is regularly updated to keep pace with changing technology and agricultural practices,” said Mcintosh.

“It is some years now since the current list was created and some structures and practices which arereadilyacceptednowas being legitimate improvements are not listed.”

He said that he had also recommended that the list was updated regularly to keep pace with developments in the farming world.

While genrally welcoming the move, the Scottish Tenant Farmer’s Association pointed out that the changes would not apply to the current amnesty on historic tenant improvements.

“The updated Schedule 5, in the eyes of the law, will not be retrospective so will not apply to the current amnesty for tenant’s improvements,” said STFA chairman, Christopher Nicholson. But he added: “However, there is strong evidence to show that many landlords are willing to include modern improvements such as slurry towers into amnesty agreements.”