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Scottish Government looks set to introduce contentious farm tenancy rules

Survey responses must be submitted by October 20
Survey responses must be submitted by October 20

A contentious issue surrounding the assignation of secure farm tenancies is still on the cards despite fierce opposition from landowners.

Scottish Government has confirmed in its response to the Holyrood rural affairs committee’s Stage 1 report on the upcoming land reform bill, that it still intends to add a clause to give secure tenants the chance to assign the tenancy for value.

The original recommendation from the government’s agricultural holdings legislation review group was for secure tenants to be able to convert their tenancies into a long-term tenancy, which could then be assigned for value.

However, government has paid heed to calls to beef up its land reform bill and a clause, which will essentially allow tenants to sell secure tenancies on, is likely to go forward.

In its response, government says an advantage of the proposals is that the lease terms and conditions would be maintained, however this would only be an option for “a new entrant or to a farmer progressing in the industry”.

Landowners body Scottish Land and Estates (SLE), which last year warned the proposals would almost certainly face a legal challenge, has hit out at the report.

The body’s director of policy and parliamentary affairs, Sarah Jane Laing, said: “It is both disappointing and perplexing that the Scottish Government is choosing to pursue the “assignation for value” model when the declared objectives could be achieved in a far less harmful way, through the conversion model which was recommended by the agricultural holdings legislation review group, chaired by the cabinet secretary.

“The assignation model will not be in the interests of tenant farming or encourage the letting of land. We fully understand that a mechanism needs to be found to help ageing tenant farmers retire with dignity and security and believe this can be achieved without destroying confidence in the sector. We cannot stress enough the damage that will be done to the availability of let land if the Scottish Government pursues its planned approach.”

The land reform bill has now entered Stage 2, whereby it will undergo more detailed scrutiny and amendments may be made.