INDUSTRY bodies representing agricultural landlords and tenants from across Scotland have launched new guidance to help a situation where a company is to be sold that owns tenanted land subject to a pre-emptive right to buy (PRTB).
The guidance is based on existing legislation, and creates a framework for effective dialogue between the landlord and tenant in advance of any sale, the aim being to maintain good landlord/tenant relations and ensure the tenant's support for the sale.
Although the guidance applies only to secure 1991 Act tenancies where an interest in a PRTB has been registered, the industry bodies also recommend that it is generally good practice for landlords to notify tenants in every situation where a tenanted holding is to be sold, and not just where a PRTB exists.
The guidance establishes a principle whereby ownership of tenanted land through a limited company should not be used as a device purely to circumvent the will of Parliament in giving secure 1991 Act tenants a statutory PRTB. It recognises, however, that title to land may often be held in a limited company for good reasons.
It recommends that where tenanted land is held in a limited company for some other reason and a controlling interest in that company is then transferred to an unconnected party in an arm's length transaction, the sellers should in advance of the sale consult fully with the tenants concerning a number of key issues.
Welcoming the move NFU Scotland President Allan Bowie said: "The Scottish Parliament has given secure 1991 tenants a PRTB in certain circumstances, and it is important that the intention behind this is honoured. There is no excuse for the deliberate use of a holding company by landlords to evade PRTB."
AgriScot results:
Scottish Dairy Farmer of the Year: K&I Millar & Sons, who run 210 Holsteins at Trailflat, Lochmaben, near Lockerbie.
Scottish Beef Farmer of the Year: Robert & Eileen Parker who run 170 Hereford cross Aberdeen Angus cows (also known as Black Baldies) and 150 Easycare ewes on the 575 acres Drumdow Farm, Stranraer. All cows and bulls are outwintered on a 130 acres moor.
Scottish Sheep Farmer of the Year: The Lofthouse family who run 440 ewes plus ewe lambs and 72 beef cows on less than 300 upland acres at Bankhouse, near Stow in the Borders.
AgriScot Business Skills winner: Heather Kerr, a farmer's daughter originally from Maybole in Ayrshire and currently studying for a degree in agriculture.
AgriScot Super Cow: Illens Atwood Australia, a senior cow from Colin & Izzy Laird of Blyth Bridge Holsteins, Blyth Farm, Peebleshire.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules here