STFA calls on council to halt tenancy court action

An appeal has been made to members of the Scottish Parliament to help halt a council’s legal action which could stop a young tenant farmer inheriting a secure tenancy from his grandmother.

The Scottish Tenant Farmers Association (STFA) has appealed to West Lothian Council to abandon its attempt to obstruct one of its tenant farmer members from inheriting the tenancy which has been in his family since 1928.

And yesterday the STFA said it was attempting to recruit the support of MSPS, claiming that the action being taken by the council against Craig Hamilton was “morally wrong”.

STFA director, Angus Mccall added that the use of public money to fund such legal action was also highly questionable.

“The process of succession is one of the few opportunities a landlord may have to break a secure 1991 agricultural tenancy and any perceived weaknesses in the documentation is frequently used as an excuse to challenge succession or assignation,” he explained.

“However, while this course of action may be anticipated from a private landlord, a local authority should be expected to behave in a more morally responsible manner.”

He said that rather than spending large sums of taxpayers’ money trying to stop an aspiring young farmer inheriting his family’s tenancy, the council should be encouraging the next generation into a career in agriculture.

Mccall said that West Lothian Council had declined to discuss the matter with the STFA as the case was subject to an action before the Land Court.

“STFA has also raised the matter with cabinet secretary Fergus Ewing, who is also unable to comment. Bob Mcintosh, the Tenant Farming Commissioner, has approached the council to little effect as has Aileen Campbell, MSP, Craig Hamilton’s local representative.”

He said that this was why the STFA was now appealing to the Scottish Parliament to use its influence to persuade West Lothian councillors to abandon their court action and allow Craig Hamilton to carry on farming under his family’s existing tenancy.

“It is difficult enough for young people to get a start in farming without having to do battle with the local authority,” said Mccall.

However, a spokesperson for West Lothian Council said that the council was bound by law to ensure best value when dealing with its property assets.

“Current agricultural holdings legislation provides an appropriate route for disputes over succession rights to be dealt with through the Scottish Land Court. We believe a fair and equitable outcome for all parties can be achieved through this means. “We support new entrants into farming and are in the process of making an offer of a new tenancy to Mr Hamilton’s legal agents.”