TENANT FARMERS who have not yet completed – or perhaps, not even started – the process of registering farm improvements under the current amnesty period have been offered the lifeline of possible six-month extension.

Following representations from the Scottish Tenant Farmers Association, cabinet secretary Fergus Ewing agreed to look at extending the amnesty period to take account of the difficulties in organising farm site visits or face-to-face meetings at this time.

Writing to the STFA, Mr Ewing said: “ I note the points that you have made about the difficulties tenants face in the current circumstances around on-farm meetings and I am sympathetic to your request for an extension to the amnesty. I have therefore asked my officials to explore legislative options for extending the amnesty period for six months.”

However, Mr Ewing stressed that, due to significant pressure on Parliamentary time, he could not guarantee an extension at this stage. Government officials have told STFA that they should hear after Easter whether or not the extension will go ahead.

In the meantime, the STFA has advised all its members to proceed as though the amnesty expires on June 12, and to be prepared to use the existing formal legal process to serve an amnesty notice on their landlord if the extension cannot be achieved.

"Anyone who has not yet started their amnesty should do so without delay so as to leave sufficient time to assemble all the necessary information to serve a formal notice on the landlord if necessary," said STFA. "Most land agents are working from home and there is no reason why most of the paperwork should not be attended to despite the lockdown period and any tenant experiencing difficulties in contacting their landlord’s agent should inform Bob McIntosh, the TFC, and/or STFA immediately."

The three-year amnesty on tenant’s improvements began in June 2017, to allow 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 – at ‘waygo’.

Rural surveyors Davidson and Robertson have been working in partnership with NFU Scotland since June last year to provide a free Waygo Helpline on 0131 449 6212 to support tenant farmers and landlords through the amnesty.

NFUS head of policy team, Gemma Cooper, said: “For those who have left things very late, this helpline could help them obtain advice relating to starting the process. It remains vitally important that both parties in a rental agreement take advantage of this process where they can. Setting the record straight will not only help the tenant at waygo but make things easier for the landlord as well.

“It is important that tenants and landlords understand that whilst the June 12 deadline will be extended, tenants still need to act quickly. The extension (likely to be six months) is the last possible date for using the formal notice process required to safeguard parties’ legal position.”

Despite the original looming deadline, many landlords and tenants across Scotland have still not taken advantage of the amnesty.

D and R director George Hipwell added: “So far we have assisted landlords and tenants across the length and breadth of Scotland however uptake is still poor. We’re still encouraging eligible tenants and landlords across the country, to take up this once in a lifetime opportunity before the deadline.”

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