Extension to Farming Tenant’s Amnesty

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Press Release

Following today’s passing of regulations by the Scottish Parliament to extend the amnesty on tenant’s improvements for a further six months to 12 December 2020, Scottish Land & Estates is echoing the call from Tenant Farming Commissioner, Bob McIntosh, in urging landlords, tenants and their agents not to use this as a reason for delaying completion of discussions that are at an advanced stage of agreement.

Sarah-Jane Laing, Chief Executive of Scottish Land & Estates said: “Tenants, landlords and their agents should continue to progress their agreements timeously and digitally where possible. There is a danger that the expected June bottleneck of agreements waiting to be finalised will simply move to the new December deadline. That’s why we are urging all parties to continue working towards an agreement. December might seem like a long way away just now but if discussions are allowed to stall, the new deadline could creep up on you quicker than you realise.”

The Tenant Farming Commissioner, Bob McIntosh, said: “Whilst making use of the extension may be necessary in some cases to allow site inspections to take place once social distancing measures have eased, it is possible to make progress now by means of an exchange of electronic photographs and plans.

“All parties are urged to use such means to keep the process moving so that the current queue of agreements waiting to be finalised by June, is not simply moved to December. It is clear too that a number of discussions are all but finalised but that there is a delay in formalising agreement.

“I urge all parties to complete amnesty discussions as soon as reasonably possible and to adopt a pragmatic approach to reaching agreement on what constitutes an eligible improvement.”

Tenant farmers across Scotland now have until 12 December 2020 to consider if they have improvements to notify their landlord about. The three-year amnesty on tenant’s improvements, began in June 2017. It allows landlords and tenants to rectify any outstanding issues around notification of tenants’ improvements which should qualify for compensation when the tenancy comes to an end – in a process known as ‘Waygo’.