May 29 2013

STFA WELCOMES GOVERNMENTS COMMITMENT TO REVIEW TENANCIES

STFA WELCOMES GOVERNMENTS COMMITMENT TO REVIEW TENANCIES

The Scottish Tenant Farmers Association has welcomed Cabinet Secretary, Richard Lochhead’s commitment to honour his pledge to carry out a top to bottom review of the operation of Agricultural Holdings legislation in 2014.  The commitment was given at yesterday’s NFUS’ Land Tenure seminar where the Cabinet Secretary also confirmed that the government’s review would take account of any solutions which had been agreed by the Tenant Farming Forum, but also warned that the government would be prepared to intervene in the absence of agreement.

Speaking after the event STFA Chairman, Christopher Nicholson said; “We are delighted that Richard Lochhead fully intends to proceed with a thorough review of tenancy legislation.  We are only disappointed that this review is not taking place in tandem with a more holistic overview of land tenure in Scotland.  This work should have been undertaken by the Land Reform Review Group and we now believe the government has a responsibility to consider the establishment of an independent Lands Commission, untainted by sectoral interests, to look at big picture land tenure issues and paint a future vision for rural Scotland.  

“It is vitally important that the Scottish rental sector is able to accommodate the different needs and aspirations of existing tenants and new entrants.  Those attending the conference seemed to agree that while there was some need for greater flexibility in the system it must take place within the framework of existing legislation.  The importance family farms, the dangers associated with expanding agri- business and the importance of security of tenure were also stressed along with innovative ideas such as share farming.” 

By tfadmin • Uncategorized •

May 21 2013

STFA REACTS TO LRRG REPORT’S DECISION TO IGNORE TENANCY MATTERS

STFA REACTS TO LRRG REPORT’S DECISION TO IGNORE TENANCY MATTERS

 The Scottish Tenant Farmers Association has greeted the Land Reform Review Group’s report with incredulity.  The LRRG acknowledge considerable problems exist within the tenanted sector but state in their interim report that to address tenant farming issues would be to “stray considerably away from our remit which focuses on communities rather than relationships between individuals.” 

Most Scottish tenant farmers consider land tenure is fundamental to communities and had expected the group to address basic issues which currently prevent the best use of land in Scotland and inhibit the rural communities which the land could be sustaining.  So it is a bitter pill that the preliminary report of the LRRG indicates that the final version will sidestep core land reform questions which must be addressed in any meaningful review, if rural Scotland is to move forward in the future. 

In it’s submission to the LRRG’s call for evidence STFA contended: “There are significant problems within the tenanted sector, particularly with regard to the operation of tenancy legislation and relationships between landlords and tenants.  However, there is a further requirement to consider the bigger picture and conduct a wider examination of the role that the tenanted sector will be expected to play in the future and what contribution it should make to food production, the environment and the economic and social prosperity of local communities.  Whilst some of the technical tenancy issues can be tackled by the industry, the Land Reform Review presents an opportunity to carry out a more holistic overview of the future of Scotland’s rural communities.   This view has now been rejected by the LRRG.   

“STFA has, however, welcomed the LRRG’s intention to give further consideration to the establishment of a Land Agency, as proposed by Community Land Scotland, and would hope that its’ remit would include powers to intercede in the public interest where there is clear evidence of mismanagement or inappropriate use of land.  Achieving a healthy tenanted farm sector is undoubtedly within the public interest of rural Scotland.  

 Reacting to the report STFA Chairman Christopher Nicholson said: “I fail to understand how this review of land reform can take place without considering land tenure. With nearly a third of our farmland held under some form of tenancy agreement it is hard to believe that the LRRG has chosen to remove key agricultural land tenure matters from its land reform remit and concentrate on community issues.  When questioned at the STFA, AGM earlier this year on what constitutes a community, Dr Elliot expressed the view that the definition of a community embraced any group of people with a common interest or denominator but if that doesn’t include tenants in this review, surely the LRRG has been seriously misguided in their evidence gathering?  An opportunity is being missed for the LRRG to highlight to the Government the need to address best land use and tenure in Scotland in the next decade and beyond.

 “From the outset STFA has expressed their grave concerns about the composition of the advisory group to the LRRG and the evidence gathering.  There was a lack of agricultural and tenancy expertise and despite invitations from communities of farm tenants, only one visit has taken place so far.  However several visits have been made to estates owned by individual landlords around Scotland.

 “On the LRRG visit to Islay at the invitation of the tenant farmers on the island, the LRRG heard first hand of the difficulties experienced by the tenant farming community, views which were reinforced in a later wider public meeting that day by the local community. 

 “The LRRG report will prove to be ineffectual if it continues to ignore such burning and basic issues and abandons tenancy reform to the long grass of a stakeholder group, dominated by landed interests.  The TFF is unlikely to come up with solutions to some of the problems which tenants have managed so far to highlight to the LRRG.   There is now a strong and justifiable mood of cynicism amongst tenant farmers that they have been sidelined and an opportunity is being missed to provide vision and direction for this neglected rural community of Scotland.”

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May 15 2013

Recommended Guide to Good Practice in Rent Reviews

The Tenant farming Forum  recently launched a Guide to Good Practice in Rent Reviews for agricultural landlords and tenant farmers.  The aim of this Guide is to encourage  good practice and regularise the way in which rent reviews are conducted and it is hoped and expected that this guide will accompany rent review notices due to be issued in the next few days.

 To view the recommended Guide:

http://www.tfascotland.org.uk/member_website/downloads/The%20Tenant%20Farming%20Forum%20-%20Guide%20to%20Good%20Practice%20(SYREV230413)%20010513.pdf

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Apr 24 2013

SCOTTISH GOVERNMENT LOSES SALVESEN RIDDELL APPEAL

The Scottish Tenant Farmers Association has recorded its extreme disappointment that the UK Supreme Court has refused the Scottish Government’s appeal against the Court of Session’s ruling in the Salvesen Riddell case.  The UK’s highest law court has now confirmed that the provision in S72 of the Agricultural Holdings Act in 2003 to give additional protection to tenants in Limited Partnerships contravenes ECHR and is outside the competence of the Scottish Parliament.

In recognising the complexity of the legislation the Supreme Court has given the Scottish Government a year to correct the defective legislation and to find solutions for the competing interests of the individuals involved.  The Government will be working closely with the Parliament and industry stakeholders in identifying a suitable way forward.

Commenting on the Court’s ruling STFA chairman Christopher Nicholson said; “This news will come as a bitter blow to those tenants, families and businesses who will be affected by the court’s ruling.  The original legislation was enacted in a genuine attempt to put a stop to Limited partnerships being terminated and it is very disappointing that, 10 years on, we are  now told that the law is not competent.

“Our priority will now be to try and safeguard the interests of tenants who are affected by the legislation. Tenants who have used the legislation in good faith must not be penalised further and it is important that the rights of the 500 or so tenants still in Limited Partnerships are not prejudiced by this decision.  We have already been in discussion with government officials to this end and will be working closely with them and other stakeholders in the coming weeks and months. “

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