THE relationship between landlords and tenants can at times be fractious, especially over the issue of rents. Last month The Scotsman quoted Angus McCall, the chairman of the Scottish Tenant Farmers Association, expressing his concerns at the attitude of some agents.
He said: "I have been appalled at the number of instances where tenants have been contacted by factors at the last minute to discuss rent details. This ploy, designed to maximise pressure on the tenant, does not give enough time to seek advice or pre
pare a case."
However, McCall made it clear that his comments related to a minority of landlords, frequently represented by professional agents whose fees would subsequently be based on how much they could force up rents.
Yesterday a range of landowning interests made their case and argued that there is no vast divide with tenants, but suggested that the current legislation, based on the Agricultural Holdings (Scotland) Act 2003 is seriously flawed.
David Johnstone, the vice-chairman of the Scottish Rural Property and Business Association (SRPBA), said: "We are all agreed on the need for new entrants into agriculture. For this to happen, no single mechanism is going to accomplish this on its own and we have been working constructively within the Tenant Farming Forum to identify the most effective way forward."
The Act of 2003 created two new forms of tenancy, one with a minimum term of 15 years and another with a maximum duration of five years. Very few farms have been subsequently let under this legislation: it is widely viewed as being too restrictive.
Johnstone said: "Surveys into the let sector have shown that the greatest potential for new lettings to be made available comes from the owner occupier sector. These are people who no longer wish to farm, but have no desire to sell. They have expressed concerns about the present options available to them.
"What is required to encourage them to let is greater flexibility for the parties to decide what suits them. But importantly this must include safeguards for tenants, for example, compensation for improvements. This has worked in England and there is no reason why it should not work in Scotland."
The Scottish Government has pledged to provide funds for new entrants of as much as £1 million each year, but little has happened over the past two years. The revamped Scottish Rural Development Programme may be the best avenue, but there are a host of problems for those wishing to take the first step on the farming ladder.
Johnstone said: "If new entrants are to succeed they need to be able to compete with existing farmers on an equal financial footing. This requires them to have access to many factors, for example, a single farm payment entitlement from a national reserve or loans."
The Scottish Land Court in Edinburgh remains the ultimate arbiter in disputes, but recourse to law can be costly and acrimonious. Sandy Lewis, deputy chairman of the Scottish Estates Business Group, has long urged a more rational approach.
He said: "It is all too easy to characterise this debate as a them and us situation between landlords and tenants. The overwhelming majority of tenants and landlords have a perfectly good working relationship.
"Issues such as rent reviews have to be addressed. The fact that most rent reviews are agreed between the parties suggests they are dealt with amicably. It is easy for some to say that landowners and, by implication, large estates, should free up more land to let, but this fails to get to the heart of the matter."
