NFU Scotland | /agricultural-tenancies.aspx

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Agricultural Tenancies


I have commenced my waygo amnesty and I am concerned this process will be delayed and perhaps not meet the 12th June deadline. What should I do?

On the 13th of May a Statutory Instrument (SI) was approved by the Delegated Powers and Law Reform Committee. The SI extended the waygo amnesty period by 6 months. This means that the new deadline for commencing the formal process is the 12th of December 2020.

Amnesty agreements do not have to be complete by that time, but they must have been started. In order to protect the legal position of parties involved, this requires service of the formal amnesty notice referred to in the Tenant Farming Commissioner Code as below:

https://landcommission.gov.scot/downloads/5dd7cee744585_AMNESTY-CODE_v3-Sept-18.pdf

Parties engaged in the waygo amnesty are advised to heed Government’s advice and avoid face to face meetings. Tenants, landlords and agents are asked to resolve as many amnesty claims as possible by means of email, telephone etc. If an amnesty claim cannot be resolved without an on-farm inspection/discussion, such a meeting should be postponed until Government advice changes. It is recognised that this may mean that the meeting has to be held, and the schedule of improvements agreed, after the end of the amnesty period. All landlords and tenants should be reasonable about allowing the process to remain alive even after the end of the amnesty period.

Where issues are encountered, the Tenant Farming Commissioner should be informed, the form is located here:
https://landcommission.gov.scot/downloads/5de8fffb5c02b_TFC-Inquiry-Form-Web-May-2018.pdf


Rent Reviews

The Tenant Farming Commissioner has advised that landlords and tenants should postpone rent reviews due this spring unless these are likely to be straightforward and can be concluded without the need for face to face meetings.


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