IF YOU are an agricultural tenant, NFU Scotland and Crown Estate Scotland are now urging you to consider if you have any improvements which need to be notified to landlords under the current waygo amnesty.

Crown Estate Scotland’s head of property Andy Wells is writing to all his agricultural tenants with a copy of the accompanying code of practice for the amnesty. Mr Wells commented: “We are keen to work closely with tenants to resolve any outstanding matters regarding the notification of improvements, and hope that sending each tenant a copy of the code will help in this process.

“The code provides clear guidance to help inform negotiations and we urge all our tenants to consider if there is a need to review, record and agree any improvements they have made as set out in the code.”

The amnesty, which was introduced by the Land Reform (Scotland) Act 2016, started on June 13 and lasts for three years. It allows landlords and tenants of 1991 Act, 2003 Act, and 2016 Act tenancies to seek to rectify any outstanding issues around notification of tenants’ improvements which should qualify for waygo compensation.

NFUS policy manager Gemma Cooper commented: “The tenant farming commissioner’s first code has been produced to accompany the start of the amnesty, and the union encourages landlords and tenants to familiarise themselves with this. During discussions around agricultural holdings it was clear that uncertainty over waygo was a key issue that required further consideration."

The Scottish Tenant Farmers Association is also encouraging tenants to attend the Scottish Government’s round of meetings to explain the recent changes, which starts in Inverness and Thainstone next week.

STFA director Angus McCall said: “The land reform act has made some far-reaching changes to tenancy legislation, but, it is difficult to over-emphasise how significant the amnesty on tenants’ improvements is for tenant farmers.

"It is vitally important they take advantage of this unique opportunity to tidy up their paperwork to ensure proper compensation should their tenancies come to an end. The amnesty only lasts for three years and, as time soon flies by, it is essential to find out how to proceed and plan to make a start as soon as possible. Attending the government meetings run by the Farm Advisory Service will be a great first step.

“In the past tenants have often been reluctant to approach landlords and factors on such matters but, on this occasion, they should have no fear," he said. "The tenants’ amnesty is the brainchild of Scottish Land and Estates, it has their backing and the co-operation of all landlords and their agents is expected. The tenant farming commissioner, Bob McIntosh, who will be attending the meetings, has already issued a Code of Practice for the amnesty, recommending how to proceed and SAAVA have drawn up a set of technical guidelines on how to carry out the amnesty, so there will be plenty of guidance available.

“Farmers are always loathe to go to meetings when there is work to do at home, however, given the importance of the tenants’ amnesty, it might be prudent to leave the silage, shearing or other equally pressing jobs to spend a couple of hours finding out what the amnesty and other changes to tenancy law actually mean," added Mr McCall. "As the saying goes, forewarned is forearmed."