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New guide outlines statutory regulations for Scottish tenant farms

The guide is the latest in a series of guidance documents published by Tenant Farming Commissioner Bob McIntosh.
The guide is the latest in a series of guidance documents published by Tenant Farming Commissioner Bob McIntosh.

A new guide outlining the statutory regulations for Scottish tenant farms and how to comply with them has launched.

The guide, published by Scotland’s Tenant Farming Commissioner Bob McIntosh, is designed to help tenant farmers, landlords and their agents understand the statutory regulations relating to agricultural holdings.

Mr McIntosh said the guidance does not cover the normal legal obligations of tenants and landlords when it comes to the repair and maintenance of fixed equipment, but instead the additional obligations around inspections and certifications.

“Statutory compliance requirements on agricultural holdings can be confusing and lead to potential misunderstandings between landlords and tenants,” added Mr McIntosh.

“It can also be difficult for landlords and tenants to keep abreast of requirements, particularly as tenancy agreements can remain in place for many years, but the regulations for agricultural buildings and dwellings included in agricultural leases are often subject to change.”

He said the new guide includes a table, which outlines the general approach most tenants and landlords choose to take when meeting their obligations, and a checklist to help both parties keep their records up-to-date.

“I would encourage landlords and tenants to discuss their compliance requirements and agree who is going to carry out each aspect,” added Mr McIntosh.

“It is essential that certification is kept in a safe place and copied to the other party as proof that the relevant checks have been carried out.”

The guide, along with other guides published by Mr McIntosh, is on the Scottish Land Commission website at landcommission.gov.scot