The Press and Journal.
Plea focuses on who can take over tenancies
Crofter’s plight prompts calls for a rule change
By Joe Watson
Published: 07/04/2010
Changes to agricultural tenancy laws to allow more distant family members to take over rented holdings have again been called for by the Scottish Tenant Farmers Association.
The plea follows the case of a Ross-shire crofter who has lost his legal fight to take on a 29-acre farm originally let to his great-grandfather.
Kenneth Cameron, 62, and his terminally ill wife, Rosemary, 56, are likely to be evicted from Orrin View at Newton of Ferintosh, Conon Bridge.
Mr Cameron inherited the holding from his late aunt. But landlord Duncan Forbes, of Ryefield House, Conon Bridge, served a notice on Mr Cameron to quit the property in May 2008, as it was decided that he was not a close enough relative.
A legal battle at the Scottish Land Court was won by Mr Cameron after it ruled the notice was invalid. Mr Forbes has, however, had an appeal upheld by the Court of Session, which last week ruled the land court was mistaken in its interpretation of agricultural land rules and specifically on the date of Whitsunday.
Association chairman Angus McCall, of Culmailly, Golspie, said the case centred on existing tenancy law which only allowed near relatives – a spouse, sons, daughters or adopted children – to take on the holding if the tenant dies. Mr McCall said: “Some families have tenanted the same land for many generations and I am always sorry to hear of a tenant losing his family farm.”
Agreement has been reached in the Tenant Farming Forum, which was set up by the Scottish Government to resolve problems with agricultural tenancy laws, for grandchildren to succeed into a tenancy if there is a generation gap. That change, however, requires modifications to the legislation.
Mr McCall added: “Virtually the only way that we will get new entrants into farms is the family route. STFA would like to extend succession provisions to nephews and nieces as the situation occurs where the family tenancy is left to one son, who has no children whereas his sibling has children who are keen to farm, but unable to inherit the family tenancy. Thus, when the tenant dies the family lose the farm.”
Mr McCall said the most recent Agricultural Holdings (Scotland) Act 2003 allowed a tenant to assign the tenancy to a niece or nephew, but this is being tested through the courts. The Scottish Land Court last year allowed James Fleming to pass to his nephew, Robert Fleming, the tenancy he has for a farm near Coldstream in the Borders and which is rented from Ladykirk Estates.
Ladykirk has, however, appealed the judgment and the Court of Session is expected to hear the case in June.
The estate argued in the land court that to hand over the farm to Robert would deprive it of the right to be able to serve a notice to quit were he to inherit the tenancy on the death of his uncle.
Mr McCall said the SFTA encouraged tenants to use the assignation route to secure the future of holdings in their family. Its use was, however, often left too late by tenants.
He added: “We are trying to encourage tenants to do more succession planning and ensure that they safeguard the future of their family farms.”