TENANT FARMERS have asked for a six-month extension to the farm improvements 'amnesty' that is currently due to ends this June.

The Scottish Tenant Farmers Association has written to cabinet secretary Fergus Ewing after tenants and their professional advisers raised concerns that they will be unable to complete the process of recording previously unrecognised improvements, and agreeing these with their landlords, by June 12, due to the disruption caused by the Covid19 pandemic.

STFA director Angus McCall wrote: “Since the new year there has been a flurry of activity as tenants strive to agree their amnesties before the amnesty period ends on June 12. Time is tight, but, in normal times it should have been possible for tenants to make sufficient progress to, at least, serve a formal notice before the due date, to preserve their positions.

"Neither tenants’ nor landlords’ agents will be able to make site visits over the next few weeks and, although most of them will be able to work from home, tenants and their advisers are reporting that communication is becoming increasingly difficult," said Mr McCall.

Tenant Farming Commissioner Dr Bob McIntosh this week advised against on-farm meetings between tenants and landlords, and called for a 'reasonable approach' to the resulting delays.

"It is recognised that with the tenant’s amnesty discussions reaching a conclusion, and rent reviews being notified, there would – in normal times – often be a need for the parties involved to meet on the farm to see, and discuss, tenants’ improvements and other issues," said the TFC. "Clearly this is likely to give rise to close social contact and may potentially involve people in particularly vulnerable categories due to age or underlying health issues.

"The industry bodies NFUS and SLE, in association with the TFC, are advising landlords, tenants and their agents to act in accordance with Government advice and avoid such face-to-face meetings. No person, especially anyone in a vulnerable category, should feel they are obliged to attend a meeting and maximum use should be made of other methods of communication to discuss pressing matters that cannot be postponed until the restrictions are lifted," said the TFC.

"We are advising landlords and tenants to postpone rent reviews due this spring unless these are likely to be straightforward and can be concluded without the need for a face-to-face meeting," he continued. "We are aware that there are still outstanding farm inspections needed to finalise claims made under the tenants’ amnesty provisions and that the amnesty period will end on June 12. All landlords, tenants and their agents are asked to take a reasonable approach to concluding amnesty agreements. If matters cannot be settled without an on-farm inspection, this should be postponed until the Government restrictions are lifted.

"We are asking all landlords and tenants to be reasonable about allowing the process to remain alive even after the end of the amnesty period. They should agree in writing that they will enable finalisation of amnesty claims to be carried out, if necessary, after June 12. Where such agreement cannot be reached, the TFC should be informed."

However, the TFC's intervention was not enough for the STFA: "We are concerned that the proposed voluntary approach may send out confusing and mixed messages and we remain convinced that the fairest and simplest solution would be to grant a six month extension to the amnesty process to those whose amnesties are already well underway and who merely require more time to finalise agreements."