Publication - Advice and guidance

Agricultural holdings and tenant farming guide

Published: 15 Nov 2019

A guide to agricultural holdings and tenant farming.

Contents
Agricultural holdings and tenant farming guide
Improvements - Tenant farmers' amnesty

Improvements - Tenant farmers' amnesty

This Amnesty is being held under the provisions contained within Part 10, Chapter 8 of the Land Reform Act 2016 and allows a tenant farmer to record and agree improvements that they have funded, with their landlord.  Only at the end of the tenancy arrangement, is the financial value then considered for financial compensation, also known as waygo.

Tenant farmers are strongly advised to begin this exercise immediately as it may take around 6 months to complete.  The Amnesty was due to expire on 12 June, but has been extended for 6 months to 12 December 2020 due to Covid-19 restrictions.

It is the tenant farmer’s responsibility to undertake the work involved of gathering physical evidence of the improvements they have made to prove that they have undertaken improvements at their expense.  This could include builders, drainage contractors and equipment suppliers (e.g. slurry store) invoices.

Photographs taken before and/or after the improvement e.g. sheds, slurry stores, fencing and if currently underway, drainage improvements, should ideally also be included.

The Tenant Farmers’ Amnesty is now extended to 12 December 2020, due to the impact of Covid-19 restrictions.

Tenant farmers should discuss, negotiate, and finally agree the relevant improvements with their landlord.  Alternatively, depending on the complexity and number of improvements, they may wish to consult a professional agent or valuer to undertake the Amnesty exercise on their behalf.

You can find out more details of how to undertake the amnesty in the Code of Practice produced by the Tenant Farming Commissioner.

You might also find it helpful to watch these three videos which contain some advice from the Tenant Farming Commissioner, a tenant who has completed the exercise and the agent who acted on behalf of the landlord during this exercise. Please note the videos were made before the Amnesty was extended to 12 December 2020.


Contact

Email: TenantFarmingQueries@gov.scot

Telephone: 0300 244 9920

By post:
Scottish Government
Agricultural Holdings Team
Agriculture and Rural Directorate
D Spur
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD