New code to break bone of contention in tenancies
Who is responsible for repairs and replacements of items of fixed equipment – such as sheds and buildings – has often been an area of contention between tenant farmers and landlords.
But some of the notoriously grey areas over who is responsible for what should be dispelled with the publication of a new code of practice yesterday.
Issuing his fourth code, Scotland’s tenant farming commissioner (TFC), Bob Mcintosh, said that while the responsibility for keeping fixed equipment in good shape was a joint one, each party had a specific part to play.
“Most tenants and landlords are able to reach an amicable agreement,” he said. “However, where agreement is not met, tension can be caused and can result in necessary repairs and maintenance being neglected.”
He said that the guidelines had been drawn up together with the Scottish Tenant Farmers Association (STFA), NFU Scotland, Scottish Land & Estates, the Royal Institution of Chartered Surveyors and the Scottish Agricultural Arbiters and Valuers Association to make sure that, wherever possible, agreed 0 Commissioner Bob Mcintosh issued new code positions were reasonable and fair to both landlords and tenant farmers.
NFU Scotland welcomed the move, declaring that it was based on four key principles: compliance with legally binding obligations, regular meetings and discussions, maintenance of relevant records relating to agreements made and repairs carried out, and a record of condition.
“This is a very important code for the industry and I would urge all parties who are engaged in tenancies to familiarise themselves with it and ensure that they are compliant,” said union president Andrew Mccornick.
“For some landlords and tenants, there may be an immediate need to enter into discussions, and I wouldencouragepartiesto undertake this in a cordial and constructive manner.”
Mccornick said that ongoing repair and maintenance issues were flagged up as an issue when NFUS and other stakeholders were working with Scottish Government to thrash out the detail of the Land Reform Act.
“Lack of maintenance on tenanted farms can be a real issue for day to day farming activities, for exiting tenants at a waygo situation, and for new tenants coming into farms,” said Mccornick, who stressed that the new code should not be viewed in isolation.
“For the first time the industry is getting into a situation where there is clear and concise guidance which can assist in real life tenancy situations,” he said, adding that the union would continue to work with the TFC to provide clarity in the sector.
STFA chairman Christopher Nicholson said that tenants often had difficulty persuading their landlords to carry out renewals. Indicating that recourse to the land court was the only option in the past, he said the new code was to be welcomed.
“This latest code of practice will provide both landlords and tenants with a cost effective means of ensuring that maintenance obligations are met by both parties,” he said.