Issued by NFU Scotland on behalf of the Tenant Farming Forum Rent Review Working Group
Following the Tenant Farming Forum’s Rent Review Working Group (RRWG) first meeting held on Tuesday, 24 July, the group is looking to gather views.
To assist the Group in reviewing how the rent review process works in practice and identifying what if any changes or improvements need to be made the Group would be interested to hear views.
In particular, the Group is looking for responses to the following questions, which it feels will provide them with sufficient information for the Group to report back to the TFF later this year.
The four questions are:
- Section 13 of the 1991 Act contains the legal framework for a rent review, what do you consider to be its main strengths and weaknesses, both in principle and practice?
- Rent reviews of 1991 Act tenancies presently take different factors into account. How do you consider 1991 Act rent reviews are presently conducted in Scotland and will the Court of Session findings in the Moonzie Farm case materially alter present procedures?
- Where a landlord and tenant are unable to agree a revised rent themselves, how best should that dispute be resolved? and
- By comparing and contrasting Section 13 of the 1991 Act with alternative rent review provisions (including the Agricultural Holdings Act 1986) what changes would provide material differences in the outcome?
RRWG Chairman Henry Graham said:
“It is good that the Group are now up and running, however, the task we have ahead is quite complex and we are therefore looking for views on all areas we have been asked to look at.
“However, to keep the responses to this call for views more focused on the Groups remit, it is essential that responders limit their responses to answering these specific questions.”
To allow the Group time to consider views on the current rent review process, all responses should be submitted no later than by 31 August 2012. The Group would ask that responses are restricted to no more than 2 sides of A4 paper. Responses should be sent electronically to Alan Barclay, who will be providing administration support for the Group, at RentReviewWorkingGroup@scotland.gsi.gov.uk.
Notes to Editors
The members of the Rent Review Working Group are:
Henry Graham (RRWG Chairman) Henry Graham has career-long experience in Scottish Agriculture. After early appointments as an Agricultural Adviser in the Western Isles and in the Lothians, and as a Manager of a College Farm in Sutherland, was appointed to the Clydesdale Bank where he worked for twenty-eight years in various agribusiness roles, becoming one of the banks eight Business Executive Leaders in the UK. He has held a wide range of public and industry appointments. He is presently a Board Member of Quality Meat Scotland and is a Director of the Royal highland Centre Ltd; until recently a Director of SAC. He has served as a member of the Royal and Highland Agricultural Society’s Executive Committee for six years and was the Society’s Vice President in 2001.He has managed his own farm business for the past thirty years.
John Ross John Ross, CBE is widely recognised for his contributions to agriculture and rural affairs. He was elected Vice President of the NFUS in 1985 and was President from 1990-96. He is currently Chairman of the Moredun Foundation; Commissioner for the Northern Lighthouse Board; Chairman of the Programme Board for Prisoner Health Chairman of Care Farming Scotland; Chairman of the Expert Forum on Future Cost and Responsibility Sharing in Animal Health; and Deputy Lieutenant of Wigtownshire. At various times, he has served as a Meat and Livestock Commissioner; Chairman of Scotch Quality Beef and Lamb Association; Chairman of NHS Dumfries and Galloway; Chairman of the Moredun Research Institute; and a non-executive Director of the NFU Mutual. He continues to farm with his family at Low Auchenree, Portpatrick.
Ian Duncan Millar Ian Duncan Millar, MBE (for services to agriculture) is a well-respected farmer and businessman who farms at Tirinie Farm, Kenmore, Aberfeldy, Perthshire. He is a family man, who farms 320-acre Tirinie four miles west of Aberfeldy and also a hill farm with ewes at Wester Tullich to the south of Loch Tay. After time with the Young Farmers, he progressed into the National Farmers’ Union. He was a founder member and chairman for 12 years of the influential Farmers’ Assurance group for cattle and sheep. He oversaw the transition from the Scottish Quality Beef and Lamb Association to Quality Meat Scotland. After leaving the QMS he was a Director of the Moredun Research Institute. Ian has also been a past President of the Scottish Agricultural Arbiters and Valuers Association. He is the Scottish Director of the National Fallen Stock Company and Chairman of the Highland Glen Lamb Marketing Group. He is an agricultural graduate from Aberdeen University, member of RICS and is a land agent.
John Mitchell John Mitchell is a partner in Anderson Strathern's Land Resources department. He is accredited by the Law Society of Scotland as a specialist in agricultural law and also recognised as a 'Leader in their field' for Agriculture & Rural Affairs (Scotland) by law directory Chambers UK 2012. He is secretary of the Scottish Agricultural Arbiters and Valuers Association. He specialises in the purchase, sale and lease of all types of rural property. He also advises on agricultural law (including dispute resolution), sporting and fishing rights, minerals, rural development and diversification and alternative energy projects. His client base ranges from private individuals to major estate owners. From a farming background he brings a practical and informed approach to all his dealings and has a genuine understanding of the challenges facing rural land managers. John graduated LLB (Hons) from Aberdeen University in 1993. He joined Anderson Strathern as an associate in 2000 and was assumed as a partner in 2002.
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Contact Bob Carruth on 0131 472 4006