THIS week saw a significant milestone in land reform in Scotland, with the establishment of the Scottish Land Commission as the honest broker between landlords and tenants.

The new organisation was created under the Land Reform (Scotland) Act 2016 and will help to take forward the Scottish Government’s priorities for land reform.

The commission comprises six commissioners, including a tenant farming commissioner, Bob McIntosh.

Executive director of the Scottish Tenant Farmers Association, Angus McCall, told The Scottish Farmer: “We now look forward to working with Mr McIntosh, in developing and improving the operation of the tenanted sector, especially over the next couple of years as the complex detail of the Land Reform Act is finalised and implemented.

“Although some important reforms, such as the widening of succession and assignation, are already being used, the most difficult reforms are yet to become live.

“The amnesty for tenants’ improvements will be the first major challenge, although landlords have said they are ready to play their part, there will undoubtedly be some disagreement over grey areas, notably the treatment of improvements to farmhouses and cottages. The amnesty will prove to be a testing ground for relationships between landlords and tenants.

“In setting out its vision, the Land Commission’s has emphasised respect for relevant human rights, including property rights embodied in agricultural leases. It is now common practice to compensate a 1991 tenant in the region of 30% of the open market to give up his tenancy.

“Tenants’ property rights are now being formally recognised in the Land Reform Act. There have been changes to the pre-emptive right to buy. Secondly, a landlord in breach of his obligations may be require to sell the farm and thirdly, there is a new a right to for the tenant of a 1991 lease to offer the landlord the chance to buy him out.

“If the landlord doesn’t want to take up the offer, the tenant can sell the tenancy to a new tenant, or to a new entrant or a developing farmer – both yet to be defined.

“This is a controversial and complex measure and it will be unlikely to be implemented before 2018. However, informal deals are already being done and Mr McIntosh will have an important role to play in ensuring a fair value is put on the lease and tenants improvements and also in encouraging agreements to be made without recourse to courts”.

The commission will hold a number of public engagement events across Scotland to raise awareness of the work of the organisation.

Chair of the commission, Andrew Thin said: “The commissioners and I have been in post for a few months and now the organisation is officially established we are really keen to get out and talk with everyone who has an interest in the work of the commission.

“We have published our interim corporate plan for 2017-18 which outlines the commission’s priorities for the first year and how we will help to take the next step on the land reform journey.

“We are focused on driving land reform and working towards creating a fairer more inclusive Scotland, in which everyone has a shared interest in our land, and everyone looks out for the interests of others.”

Mr McIntosh said: “It is essential that the tenant commissioner works closely with key bodies representing landlords, tenants and their agents.

“They need to be involved in agreeing the codes of practice and provide a vital link to tenants and landlords throughout Scotland and I look forward to working across the sector.”