The new tenancy rules in the Agriculture Bill are going to be vital for land tenure, according to the Scottish Tenant Farmers Association (STFA) chair, Christopher Nicholson.

The Wigtownshire farmer pointed that tenure reforms within the upcoming bill need to clearly demonstrate the changes coming down the line to improve the rental sector. Mr Nicholson said that unlike the future farm support rules in the bill, which may set out a broad framework, the the tenancy reforms within the bill must be clear and explicit.

Mr Nicholson said: “The Agricultural Bill must work and it has been going well so far with discussion with the government and Tenant Farming Commissioner, Bob MacIntosh. One of the key needs is for tenant farmers to get equal access to all support measures, the same as owner occupiers. We cannot have 20 to 25% of farmers restricted due to their lease.”

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As plans for future support evolve and look to include financial rewards to farmers for non-agricultural activities, the STFA are anxious that this could lock out tenants who have leases limited to agricultural activities. Schemes, such as planting small woodlands or shelter belts, could end up impossible to undertake for tenants if special measures are not included in the bill.

The STFA is also backing legislation to which will change how rent tests and waygo agreements conducted. Mr Nicholson believed there needs to be a new timetable set out so that Waygo payments get released much quicker from landlords.

Currently, the process of negotiating 'waygo' does not start until the end of a lease, which can result in payments for tenant improvements being delayed for a number of years. This is proving a particular challenge for outgoing tenants looking to invest in their next farm or establish finances for retirement.

Finally, the STFA viewed the bill is an opportunity to make changes to compensation rates for landlords resuming land. Mr Nicholson stated that there were an increasing number of landlords who are taking land back in hand for green capital projects, such as tree planting or peatland restoration.

The rules which set out the compensation for tenants were set out many decades ago at a rate of five times the rent. Mr Nicholson is looking to get compensation rates to take into account the capital interest in the land and the value of the tenant interest in the lease.

Through all these reforms, he was keen to point out the benefits of having a Tenant Farming Commissioner and the Land Commission. He said: “We now have six or seven years of an established body of evidence to draw on. We can make recommendations on evidence whereas before 2016 we did not have enough to make policy.”