Rog Wood Farming correspondent
THE Scottish Government, acting on the advice of the Tenant Farming
Commissioner, has now laid down secondary legislation to bring tenant
farmers compensation liability into line with modern farming practices.
Welcoming the Scottish Government’s announcement, Scottish Tenant Farmers
Association (STFA) director Angus McCall said: “This move has honoured a
commitment made in the 2016 Land Reform Act to modernise the Schedule of
tenants’ improvements which has lain on the statute books virtually
unchanged since the 1948 Act. It not only introduces new items to the
schedule such as manure and slurry stores, which were unheard of in the
1940s and 50s, but it will also clarify other items such as house
improvements which have been a grey area up to now.
“New additions to the schedule now include adding the installation of
renewable energy sources and associated structures, producing heat to the
provision and production of electricity. Also to be recognised is the value
of permissions and consents which have been obtained by the tenant and
which have value to an incoming tenant.”
Mr McCall went on: “Unfortunately, the modern list of improvements will not
apply for the tenants’ amnesty but, in practice most landlords’ agents have
taken a pragmatic approach and are prepared to include obvious anomalies
like slurry storage and improvements to the farm house and cottages.
“Updating the schedule of improvements should encourage tenants in all
types of tenancies to invest in their holdings safe in the knowledge that
they should be able to recoup much of their investment when their tenancies
come to an end. However, all tenants should remember that to be eligible
for compensation the tenant must notify the landlord in advance of his
intention to carry out the improvement. This applies to tenants in all
types of tenancy. Remember, there will not be another amnesty – so do it
properly now.
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