The Scottish Tenant Farmers Association (STFA) is calling for the sale of a Highland sporting estate in Perthshire to be put on hold until the concerns of its tenant farmers are addressed.
The Tulchan Sporting Estate Ltd, Glenalmond, owned by the Lichfield family, is on the market with a price tag of £25m - but the five tenant farmers on the estate will not be able to take advantage of the pre-emptive right-to-buy enjoyed by tenants on other estates due to a loophole in the legislation.
As far back as 2002, STFA pointed out to the government that if the land offered for sale was owned by a company, the seller could legally avoid the tenants' pre-emptive right to have first refusal over the land even if they had registered their interest in buying the land with Registers of Scotland. Tulchan Estate is owned by a limited company and it is the company which is for sale rather than the land itself, thus avoiding the pre-emptive right-to-buy.
Commenting on the situation STFA Director, Angus McCall said: "Although this sale is being conducted within the letter of the law, it is deeply disappointing that the sellers seem to be ignoring the spirit of the law in Scotland which allows a tenant with a secure tenancy to have the right to make an offer for the farm if the landlord decides to sell. STFA has raised this issue over the years and the recent Agricultural Holdings Review Group recommended that this loophole be closed. To date the Scottish Government has failed to tackle this glaring omission."
"STFA is now calling for the sale of Tulchan Estate to be halted until the plight of the five tenants on the estate has been addressed."
Both the selling agent Savills and the tenants involved have asked the Scottish Government's Independent Adviser on Tenant Farming, Andrew Thin to facilitate a discussion between them.
Mr Thin said: "It is still very early in what I anticipate may be quite prolonged discussions. The situation appears complex, and each party will need to fully understand the priorities of the other if a meaningful way forward is to be found. The willingness of both parties to work with me and engage in direct discussions is an encouraging start.
"The Rural Economy Secretary has already asked me to develop a Code of Practice in relation to estate sales and the pre-emptive right to buy, and I will shortly start working on this."
Market round-up
Lawrie & Symington Ltd sold 89 store heifers in Lanark on Tuesday to a top of £1190 per head and 244.3p per kg to average £881.52 and 200.4p, while 156 store, beef-bred bullocks peaked at £1340 and 250p to level at £987.94 and 205.1p. Sixty-six store, dairy-bred bullocks sold to £1025 and 192p to level at £657.73 and 142.9p.
Wallets Marts sold 1470 prime lambs in Castle Douglas on Tuesday to a top of £91 per head and 195.6p per kg to average 175.2p (-4.5p on the week).
C&D Auction Marts Ltd had 7825 Cheviot Mule ewe lambs and gimmers, including Cheviot Mule cross ewe lambs, forward in Longtown on Tuesday.
The 4251 North Country Cheviot mule ewe lambs sold to a top of £155 and averaged £106.45 (+£6.78 on the year), while 1917 Cheviot Mule gimmers peaked at £192 (X2) and levelled at £138.94 (-£10.10). An excellent show of 1067 Texel cross Cheviot Mule ewe lambs sold to £112 and averaged £90.66 (+£3.66).
The firm went on to sell 3278 store lambs at the same venue yesterday. Top prices and averages for selected breeds: Suffolks to £72 and averaged £67.83 (+£6.50 on the week); Texels £71 and £61.39 (+£1.76); Greyfaces £67.50 and £54.14 (-£2.26).
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