This week saw the long-awaited publication of the final report of the Agricultural Holdings Legislation Review Group.
Key recommendations include:
- The creation of a Tenant Farming Commissioner
- A new system for calculating rent levels based on the productive capacity of the holding
- Extending assignation and succession rights for 1991 Act secure tenants
- Allowing secure tenants to convert their tenancy to a limited term tenancy of 35 years and then sell it for value
- Provisions to allow Ministers to intervene where the way land is being managed is creating a barrier to local sustainable development
- Provisions to enable the tenant to force the sale of the holding where a landlord fails to meet their responsibilities
- A three year amnesty on improvements
- Optional full repairing leases
- A new ‘modern’ LDT with a minimum of 10 years (with possible break at 5 yrs for new entrants)
Scottish Land & Estates is getting to grips with the detail, but responded by being supportive of attempts to try and put the sector back on a positive footing while pointing out that some of the recommendations looked like they would seriously contravene landowner property rights and therefore potentially lead to large compensation claims on the government.
The report can be found here...
The Scottish Government Press Release can be found here...
Scottish Land & Estates’ full statement can be found here...
The Official Report of the announcement in Parliament with subsequent questions can be found here...