The Independent Adviser on Tenant Farming has released joint industry guidance on the process of assignation and succession. The move follows the release of joint industry guidance on limited partnerships, negotiating and conducting rent reviews, agreeing and recording tenant’s improvements and negotiating fulfilment of landlord’s and tenant’s obligations. All sets of guidance were jointly agreed amongst Scottish Land & Estates, the National Farmers Union for Scotland and the Scottish Tenant Farming Association, with the support of the Independent Adviser.
The new guidance on assignation and succession provides a step by step process which can be used by landlords, tenants and their successors when a transfer of a 1991 Act tenancy is proposed (either during the tenant’s lifetime or following the tenant’s death). The steps are based on the requirements set out in the 1991 Act and, given the complexity of the law affecting the transfer of 1991 Act tenancies, the guidance emphasises the importance of both parties seeking independent legal advice.
A copy of the guidance on assignation and succession can be found below.