Tag: tenant farming

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/.

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.