Category: News

Tenant Farming Commissioner issues Limited Partnerships Code of Practice

Scotland’s Tenant Farming Commissioner, Bob McIntosh, has issued a Code of Practice to be followed by landowners, tenant farmers and land agents.

The Code of Practice for Planning the Future of Limited Partnerships is the second to be published by the Commissioner under the authority of the Land Reform (Scotland) Act 2016.

The Tenant Farming Commissioner (TFC) is responsible for issuing a suite of codes to guide and shape the behaviours and processes which accompany the interactions and negotiations between landlords and tenants, including agents and intermediaries acting for either party.

Bob McIntosh said:

‘’The aim of this code of practice is to minimise uncertainty for both parties in a Limited Partnership when it is approaching its dissolution date. The code describes what steps should be taken, by both the tenant farmer and the landlord, when discussing future arrangements for the partnership.

“Limited Partnerships have served the tenant farming sector well, but following the passing of the Agricultural Holdings (Scotland) Act 2003 they now have restricted use. There are over 500 limited partnerships still in existence and many are reaching their dissolution date.  It is important that discussions take place with plenty of time for both parties involved to discuss their aspirations before a final decision is agreed to the future of the partnership.

“I have worked closely with the Scottish Tenant Farmers Association, NFU Scotland, Scottish Land & Estates and the Royal Institution of Chartered Surveyors in developing this code so that, wherever possible, agreed positions are reasonable and fair to both landlords and tenant farmers.

“As with all codes issued by the Tenant Farming Commissioner, if a landlord or tenant feels that the other party, or an agent of that party, has acted in a way that breaches the code of practice they are able to make a complaint to the Commissioner.“

The Code of Practice for Planning for the Future of Limited Partnerships can be found on the Land Commission’s website www.landcommission.gov.scot/tenant-farming/codes-of-practice/.

New staff join growing Scottish Land Commission

Three new members of staff have joined the newly formed Scottish Land Commission.

 

Joining the growing organisation, which was officially established on the 1 April 2017, are Sarah Allen as Head of Policy & Research – Tenant Farming, Shona Glenn as Head of Policy & Research – Land and Sara Smith as Communications & Events Assistant.

 

Chair of the Scottish Land Commission, Andrew Thin, said:

 

“The Commissioners and I would like to welcome Sarah, Shona and Sara to the team. We are delighted to see the organisation growing and adding to the wealth of skills and knowledge the Commission has.

 

“Sarah and Shona have an extremely important role, working with the new Chief Executive, Hamish Trench, to develop the Commission’s programme of research and Codes of Practice. I look forward to working with Commissioners, staff and stakeholders to implement our three year Strategic Plan.

 

“This is an exciting time for the Land Commission and adding to our complement of staff will ensure we can successfully drive forward the land reform agenda.”

 

Sarah Allen, Head of Policy & Research – Tenant Farming

Sarah Allen has worked as a self-employed rural development consultant for several years including working on projects defining vulnerable areas in relation to less favoured area support, conducting a review of Argyll agricultural forum and developing a food and drink network. Sarah is also a retained agricultural consultant for the Highland Council providing input and advice on a range of farming and crofting issues.  Sarah was a member of the Crofters Commission Board for 7 years and subsequently chaired the Scottish Government’s review of the bull hire scheme.

 

Shona Glenn, Head of Policy & Research – Land

Shona is an economist with more than 10 years research experience spanning the public and private sectors. She joins the Scottish land Commission from Biggar Economics, an independent consultancy that works across the UK and Europe.  In the role she was responsible for carrying out socio-economic impact assessments for a wide range of developments ranging from wind farms to housing.  Prior to this Shona was part of the economic development team within the City of Edinburgh Council where she was responsible for monitoring the economic performance of the city centre and a programme of culture change to encourage greater collaboration between planners and developers.

Sara Smith, Communications & Events Assistant

Sara joins the Land Commission from a project support role at the Highland Council. Sara has extensive communications and events experience working in a number of different roles at the Cairngorms National Park Authority including Assistant Communications Officer and Project Management Support Officer.

Conference date announced!

The Vision of Land Reform 2022 and beyond.

We are delighted to announce that we will be holding our first conference looking at the long term vision for land reform in Scotland.

The event will be attended by Roseanna Cunningham, Cabinet Secretary for Environment, Climate Change and Land Reform who will be launching the Commission’s three year strategic plan.

Pop the date in your diary –

Thursday 28 September 2017, 9:30am – 4pm, Carnegie Conference Centre, Dunfermline.

To register your interest email commsteam@landcommission.gov.scotand we will contact you with further information.

Tenant Farming Commissioner issues first Code of Practice

Scotland’s Tenant Farming Commissioner, Bob McIntosh, has issued the first Code of Practice to be followed by landowners, tenant farmers and land agents.

 

The Code of Practice for the Amnesty on Tenants’ Improvements is the first to be published by the Commissioner under the authority of the Land Reform (Scotland) Act 2016 and comes ahead of the Scottish Government’s improvements amnesty which starts tomorrow.

 

The Tenant Farming Commissioner (TFC) is responsible for issuing a suite of codes to guide and shape the behaviours and processes which accompany the interactions and negotiations between landlords and tenants, including agents and intermediaries acting for either party.

 

Bob McIntosh said:

 

“The code is intended to help landlords and tenants work together in a fair and transparent manner to agree on a definitive list of tenants improvements which may be eligible for compensation at waygo.

 

“Those who follow the principles set out in the code, and who act reasonably, do not risk being the subject of a complaint that is upheld by the TFC.  In broad terms, disagreements should be resolved by dialogue, mediation or arbitration.  Failure to reach agreement or engage in mediation will not in itself necessarily constitute a breach of the code but the TFC may decide that an obstructive or unreasonable attitude by either party may constitute a breach.”

 

Cabinet Secretary for the Rural Economy, Fergus Ewing, said:

 

“A vibrant, robust tenant farming sector is a key component of a strong, sustainable rural economy, now and in the future. I welcome the publication of this Code of Practice, which has been developed through the Tenant Farming Commissioner working closely with stakeholder organisations, I hope that it will prove useful to both tenants and landlords.”

 

The Code of Practice for the Amnesty on Tenants’ Improvements can be found here.