The delay is part of the Scottish Government's wider response to Covid-19, and recognition of the fact that tenants and landlords (or their agents) are unable to meet on the ground to discuss and review the proposed improvements in person.
The amnesty was introduced in June 2017 in recognition of the fact that some tenants had been carrying out improvements to their holdings without arranging the necessary notification to their landlord. As a consequence the tenant would not be able to demand that the landlord compensate them as and when the lease came to an end.
Bob Mackintosh, the Tenant Farming Commissioner, has stressed that the delay should not be viewed by tenants and their landlords as an opportunity to kick the can down the road, stating:
“Whilst making use of the extension may be necessary in some cases to allow site inspections to take place once social distancing measures have eased, it is possible to make progress now by means of an exchange of electronic photographs and plans.
“All parties are urged to use such means to keep the process moving so that the current queue of agreements waiting to be finalised by June, is not simply moved to December. It is clear too that a number of discussions are all but finalised but that there is a delay in formalising agreement.
“I urge all parties to complete amnesty discussions as soon as reasonably possible and to adopt a pragmatic approach to reaching agreement on what constitutes an eligible improvement.”
For more information on the tenant's amnesty, or how Morton Fraser can assist, please contact the Agricultural & Rural Property Team at Morton Fraser.
