Waygo helpline – 0131 449 6212 – remains open to Union members

Tenant farmers yet to engage in the ‘waygo’ amnesty process are being urged to start before the 12 June deadline.

The three-year amnesty on tenant’s improvements, which started in June 2017, allows landlords and tenants to rectify any outstanding issues around notification of tenants’ improvements which should qualify for compensation when the tenancy comes to an end – a process known as waygo.  The three-year amnesty period will conclude as planned on the 12 June deadline, which will remain in place regardless of the current CORVID-19 crisis.  

However, a statement this week by the Tenant Farming Commissioner (TFC) supported by NFU Scotland, Scottish Tenant Farmers Association and Scottish Land and Estates included advice about the implications of the coronavirus situation for any on-farm face-to-face meetings that would have been regarded as a necessary part of the process.

The advice is that where resolving an amnesty requires a face-to-face meeting, the parties should look to agree in writing that the meeting and remaining discussions can take place after the 12 June deadline. This must be agreed in writing by both parties. If a landlord does not consent to this, then TFC can be contacted to try to convince them.

However, all parties are being reminded that this process will only apply to claims where the amnesty process has begun before 12 June. Tenants who delay the start of the process until after 12 June will lose their ability to take advantage of the amnesty provisions.

Head of Policy Team at NFU Scotland, Gemma Cooper said: “It is important that tenants and landlords understand that the 12 June deadline still stands and that this is the last possible date for using the formal notice process required to safeguard parties legal position.

“The NFUS and Davidson & Robertson ‘waygo’ helpline regarding the amnesty on tenant’s improvements has already helped a good number of tenants and landlords.  The 0131 449 6212 number is still available to help our members with any amnesty related queries.

“For those who have left things very late, this helpline could help them obtain advice relating to starting the process.  It remains is vitally important that both parties in a rental agreement take advantage of this process where they can.  Setting the record straight will not only help the tenant at waygo but make things easier for the landlord as well.”  

Davidson & Robertson Director, George Hipwell added: “The Tenant Farming Commissioner’s statement gives clarity on how to complete the process in the face of COVID-19 restrictions however this only applies to ongoing amnesty discussions.

“The amnesty process is a one-off, so it is essential that those eligible engage as soon as possible if they haven’t already.

“The NFUS partnership with Davidson & Robertson has guided people through the process and is there for members to take advantage of, whether they are just making initial enquiries or looking for advice having already started.”

Notes to editors

• Tenants should be aware that the 12th of June deadline remains live and there will be no extension to this. 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 amnesty on tenant’s improvements 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 must 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
  

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Contact Bob Carruth on 0131 472 4006