THE final report from the Agricultural Holdings Legislation Review Group (AHLRG) was never going to please everyone, but now that industry leaders have had time to analyse it in depth it has become apparent that it will create as many problems as it solves.
The report gives little comfort to the 400 or so tenants who are still involved in Limited Partnership tenancies, and will mostly remain farming on a year-to-year basis.
"Many tenants will be disappointed that the report has chosen to propose powers to force the sale of a tenanted farm to escape the clutches of bad landlords rather than introduce a more general right to buy," commented Scottish Tenant Farmers Association (STFA) Chairman Christopher Nicholson.
Mr Nicholson explained: "Although this proposal deals with the problem of bad landlords it does not address the difficulties faced by tenant farming businesses whose progress is inhibited by their tenancy. There is no doubt that on becoming owner occupiers, tenanted businesses invariably grow and prosper. We consider that the Group has made a grave error in not taking this into account in its research."
STFA is also disappointed that, having spent last summer examining the merits of assigning 1991 tenancy (secure tenancies) for value the Group has elected instead to opt for the less valuable proposal to allow conversion of a 1991 tenancy to a long-term LDT (Limited Duration Tenancy) of a minimum of 35 years..
Scottish Land and Estates (SL&E) on the other hand are incensed at that watered down proposal and have indicated they will instigate legal action. SL&E Chairman David Johnstone "deeply regretted that the Scottish Government seems set on a course that could leave it open to very substantial compensation claims because of the damage to a landowner's property rights, through the conversion of secure tenancies and the substantive widening of succession rights."
Mr Johnstone explained: "The proposal to allow tenants with no successor to convert secure tenancies to limited duration tenancies of a minimum of 35 years effectively denies for a lifetime the landlord the opportunity to farm the land or re-let.
"We also believe the proposals to widen succession rights are now far too wide-ranging and raise the issue of infringement of the landowner's property rights."
Market round-up
Messrs Craig Wilson Ltd sold 1185 prime hoggs in Newton Stewart yesterday to a top of £90 per head and 205p per kg to average 180.2p (-10.4p on the week).
There were also 254 cast sheep forward when ewes sold to £112 for Suffolks and £76.50 for Blackfaces.
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