ROG WOOD

The Scottish Tenant Farmers Association (STFA) has made an impassioned plea to Scottish Government to come to the aid of eight tenant farmers who face eviction as a result of the "Salvesen Riddell" case. The first such tenant caught in this unusual legal predicament will be turned out of his farm in November.

Those tenants had taken advantage of a provision in the Agricultural Holdings Act in 2003 that allowed Limited Partnership tenants to claim a full tenancy if they had been served a notice by their landlord dissolving their partnership. Security of tenure could be granted if, in the opinion of the Land Court, notice had been served to circumvent the new 2003 Act and any potential rights that it might have given to tenants.

The measure was introduced by the Scottish Executive in response to reports that a large number of tenants (estimated at over 200) had suddenly been served eviction orders.

Limited Partnerships are devices that allowed landlords to circumvent the 1949 Agricultural Holdings (Scotland) Act which granted security of tenure to farm tenants.

In a highly complex decision Lord Gill, presiding over the Court of Session in 2012 judged that the measures put in place to protect tenants in Limited Partnership arrangements were not compatible with the European Court of Human Rights.

The STFA plea follows the lack of progress in the mediation and compensation process put in place by Scottish Government following the Salvesen Riddell Remedial Order passed by Parliament in April 2014.

STFA has been trying to work with government officials over the last 18-months to develop the mediation process, but there has been a deadlock with no communication between officials and the tenants over the last few months. STFA has also been in contact with Cabinet Secretary Richard Lochhead and has written to First Minister Nicola Sturgeon, all to no avail.

Commenting on the debacle, STFA director Angus McCall said: "Time is pressing as the first of these tenant farmers will face eviction from his holding in two months time and the others face losing their farms in the next year or two.

"The Government has failed to honour commitments made, firstly to establish a mediation process, secondly to look at compensation claims on a case by case basis if mediation failed, and thirdly, not to force the tenants involved into a long drawn out legal battle for fair play."

Mr McCall went on: "In February of last year STFA warned that the "Salvesen Riddell" tenants should not be "hung out to dry" and should not be prejudiced for acting within the remit of the law and following professional guidance. It must be remembered that they have all paid a high and emotional price for the distress and anxiety over the last few years."

A Scottish Government spokesman said: “The Scottish Government set out the process for mediation last December to help restore relationships between tenants and landlords. We made clear at that time that we were prepared to be part of the mediation process, but that anyone wishing to claim against the Scottish Government should make clear their intention and the legal basis of any claim prior to mediation starting. We took care to ensure all parties understood that the Scottish Government’s involvement in the mediation process should not be seen as an acceptance of liability.

“It is now possible for mediation between tenants and landlords to start and we have offered to be present in that process if it’s considered that would be helpful. We are working hard to find alternative solutions in the best interests of all concerned.”