Farming bodies have called for the creation of a land adjudicator to regulate the tenanted sector in Scotland.
Both the Scottish Tenant Farmers Association (STFA) and NFU Scotland say an adjudicator could be the answer to ensuring fair practice between tenants and landlords.
The STFA says a lands or tenancy commission should be created to monitor the operation of the sector and act as an intermediary between tenants and landlords.
Chairman Christopher Nicholson said a recent survey of members found 90% were in favour of the creation of some form of tenancy ombudsman.
He said the adjudicator should be given statutory powers to intervene in situations of bad practice or inappropriate use of land, as well as playing a key role in facilitating and implementing an extension of the right to buy legislation for tenant farmers.
NFU Scotland said it supported the idea of an adjudicator, provided codes of practice between tenants and landlords were robust.
“The creation of a Scottish land adjudicator could ensure agreed codes were operated and, with the power of compulsory purchase, an independent adjudicator could intervene where land use and land tenure failed to deliver to agreed standards,” said president Nigel Miller.
“In creating an intervention system for when landlord and tenant arrangements broke down, it would be vital that agreed codes are robust if an adjudicator is to provide not just baseline standards but drive best practice.”
Landowners body – Scottish Land and Estates – said it backed the idea of a regulator with powers to investigate landlords and tenants who engage in bad practice.
However the body’s representative on the Tenant Farming Forum – Stuart Young – said allowing the regulator the power to facilitate an extension of the right to buy made very little sense given the widespread rejection of absolute right to buy across the industry.
“This would create a major hurdle, with any extension undoubtedly impacting on confidence to grant new tenancies which would be to the detriment of new entrants, developing businesses and farmers looking to expand,” he said.
The government’s agricultural holdings legislation review group is holding a series of meetings in the next few weeks to gather evidence ahead of the publication of an interim report in June.
Meetings in the north and north-east will take place in Inverurie on Thursday, April 24, and Dingwall on Wednesday, May 7. The venues are still to be confirmed but the meetings will take place at 6.30pm.