The Royal Institute of Chartered Surveyors Scotland stated yesterday that it is not convinced that proposals put forward in the recent Agricultural holdings Legislation Review and the Land Reform Consultation paper can actually achieve what they set out to deliver.
On the Agricultural Holdings Review, Sarah Speirs, director at RICS Scotland said: "We are concerned that the proposed measures will not lead to a revitalised sector, but rather will increase disputes and confrontations between landlords and tenants.
"It may also result in fewer farms made available to let in the future and this is clearly not in the public interest or in the interests of a vibrant tenanted farming sector in Scotland.
"More efficient and sustainable food production must be a leading objective in any restructuring of the sector. Our view is that these proposals appear to overlook this, seeking instead to focus on land tenure and the small number of land agents who may not be professionally regulated, rather than focussing on how to stimulate and assist new entrants to the tenanted farming sector.
"Freedom of contract is important, and some recommendations in the Review will pave the way for more flexibility and choice crucial to revitalising the sector, but the extension of assignation could also remove opportunities for new entrants."
STFA (Scottish Tenant Farmers Association) chairman Christopher Nicholson responded by saying: "In attempting to defend the status quo this ill-judged broadside from RICS Scotland is unhelpful and will cut no ice with Scottish Government who are committed to land and tenancy reform. Such damning criticism of the Agricultural Holdings Legislation Review Group's Final report is irresponsible and out of kilter with the wider industry recognition of the need for change. Furthermore, it is of great worry for the tenanted sector to see RICS Scotland take this defensive position given that their membership primarily represent landlord interests.
RICS Scotland's efforts to whitewash bad practice is at odds with evidence collected by the Review Group. Despite the recent Land Agent's Declaration where senior agents pledged to recognise industry-led initiatives and codes of conduct, STFA continue to hear of cases where agents acting for landlords are ignoring best practice guidelines, and we would be prepared to share this evidence with an independent Tenant Farming Commissioner.
"Tenants are unlikely to make official complaints against the actions of their landlord's agents for fear of souring relationships, and it is especially difficult for an individual tenant to make a complaint through RICS Scotland's regulatory framework."
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