No major change to law on claiming legal rights

News In my view Hamish Lean

property not heritable property.

This means that it is now available for legal rights claims to be made against it.

This consequence of bringing the farm into the partnership balance sheet is not always properly appreciated.

Family businesses proposing to take this step or who have already done so should clearly understand the consequences. Advice on how to make use of the tenants’ amnesty for improvements will be given at a series of farm walks this winter.

Seven events, organised by the Scottish Tenant Farmers’ Association (STFA) with support from the Scottish Land Commission, are planned for the next couple of months.

“Completing the tenants’ amnesty is one of the most important tasks most tenants will ever undertake,” said STFA executive director and Sutherland farmer Angus McCall.

“This is a unique opportunity to turn the clock back to regularise and record improvements carried out years ago which may

“Essential for the new rent test due to be rolled out”

not have been correctly notified.

“Not only will this mean that these items will now be eligible for end-of-tenancy compensation, but, identifying tenants’ improvements and fixtures will be essential for the new rent test due to be rolled out in the next year or so.”

He said the clock was ticking for farmers to start the amnesty process because it expires in June 2020.

The events are open to STFA members, and non-members are invited to join the association before attending the events.

Meetings include one in Aberdeenshire next Monday at Rogie Hill, Skene, Westhill, and one near Nairn at Little Dildrummie next Wednesday.

Meetings are also planned for Merriness, Tibbermore, near Perth, next Thursday, and Eorrabus Farm, Bridgend, Islay, on Tuesday, December 4.

For details call the STFA on 01408 633275.

The owner of heritable property will still have the right in their will to leave it to who they please on death