Tenant Farming Commissioner issues Maintenance of Agricultural Holdings 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 the Maintenance of the Condition of Tenanted Agricultural Holdings is the fourth 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:

‘’This code of practice is intended to help provide a route for landlords and tenants to come to agreement about where the responsibility lies in maintaining agricultural holdings in good condition in order for the holding to be efficiently farmed.

“Whilst the responsibility for keeping the fixed equipment in good shape is a joint one, each party has a specific part to play. Most tenants and landlords are able to reach an amicable agreement, however, where agreement is not met, tension can be caused and can result in necessary repairs and maintenance being neglected.

“I have worked closely with the Scottish Tenant Farmers Association, NFU Scotland, Scottish Land & Estates and the Royal Institution of Chartered Surveyors and the Scottish Agricultural Arbiters and Valuers Association 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 been in breach of the principles and procedures as set out in the code they are able to make a formal inquiry to the Commissioner.”