Land Reform Scotland May 26, 2016 12:00 am The Scottish Government’s Land Reform Bill was passed by the Parliament on 16th March 2016 and received Royal Assent on 22nd March. Some of the ‘General and Miscellaneous’ provisions came into force the day after Royal Assent but the majority of provisions of the Act will only come into force on dates appointed by Scottish Ministers; these could be different dates. Within the Bill there are a number of provisions to make changes to Agricultural Holdings legislation (Part 10), these include: Creation of a Tenant Farming Commissioner as part of the Scottish Land Commission. This post will encourage good relations between Landlord and Tenant. A Code of Practice relating to Agricultural Holdings will be drawn up and the Tenant Farming Commissioner will investigate breaches of that Code. Introduction of the Modern Limited Duration Tenancy (MLDT) which will replace Limited Duration Tenancies. They will be for 10 years (provisions for 5 year break clause for new entrants) with more freedom of contract to negotiate terms for fixed equipment and rent. Removal of the need for 1991 Act Tenants to register their right to buy. Sale of the property where the Landlord is in breach of his obligations. Changes to the rent review legislation for 1991 Act Tenancies from the current open market system to productive capacity of the holding. Widening the succession provisions of 1991 Act Tenancies and the right to assign tenancies. A new ‘Repairing Tenancy’ with the aim of reinstating run down holdings. Agreements will be for a minimum of 35 years. The Tenant will be responsible for renewing and maintaining the fixed equipment on the holding within the first five years. A three year amnesty period for tenants of 1991 Act who may have lost, or not given notice to their Landlord for improvements. Other parts of the Bill include: Introduction of a Land Register to encourage transparency on land ownership. Widening the ‘right to buy’ to allow communities to force landowners to sell in order to promote ‘sustainable development’. Ending business rate reliefs for sporting estates. The full Land Reform (Scotland) Act 2016 can be found at http://www.parliament.scot/parliamentarybusiness/Bills/90675.aspx
