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Tenant Farming Commissioner issues first Code of Practice

Scotland’s Tenant Farming Commissioner, Bob McIntosh, has issued the first Code of Practice to be followed by landowners, tenant farmers and land agents.

The Code of Practice for the Amnesty on Tenants’ Improvements is the first to be published by the Commissioner under the authority of the Land Reform (Scotland) Act 2016 and comes ahead of the Scottish Government’s improvements amnesty which starts tomorrow.

The Tenant Farming Commissioner (TFC) is responsible for issuing a suite of codes to guide and shape the behaviours and processes which accompany the interactions and negotiations between landlords and tenants, including agents and intermediaries acting for either party.

Bob McIntosh said:

“The code is intended to help landlords and tenants work together in a fair and transparent manner to agree on a definitive list of tenants improvements which may be eligible for compensation at waygo.

“Those who follow the principles set out in the code, and who act reasonably, do not risk being the subject of a complaint that is upheld by the TFC.  In broad terms, disagreements should be resolved by dialogue, mediation or arbitration.  Failure to reach agreement or engage in mediation will not in itself necessarily constitute a breach of the code but the TFC may decide that an obstructive or unreasonable attitude by either party may constitute a breach.”

Cabinet Secretary for the Rural Economy, Fergus Ewing, said:

“A vibrant, robust tenant farming sector is a key component of a strong, sustainable rural economy, now and in the future. I welcome the publication of this Code of Practice, which has been developed through the Tenant Farming Commissioner working closely with stakeholder organisations, I hope that it will prove useful to both tenants and landlords.”

The Code of Practice for the Amnesty on Tenants’ Improvements can be found here.