Residential property

The Changing Legal Landscape for Agricultural Tenancies

As part of our Land Agent Seminar Series, lawyers in our Perth office discuss the changing legal landscape for agricultural tenancies.

The second seminar in this year’s series saw Viktoria Wahle, an Associate in the Land and Rural Business team in our Perth office, provide a very useful review of agricultural tenancies.

Due to the vote being introduced last month on what our attendees would most like to hear about, Viktoria started her talk by addressing the winner of the two scenarios. This involved the new tenant on Coldhame Farm (one of the three let farms on Antlerhill Estate) registering his Right to Buy in the Agricultural Tenants’ Interest section of the Register of Community Interests in Land.

The question was, what steps could the Estate take to prevent this exercise of the right to buy? Various options were presented to the attendees, which then invited a lively discussion between both the land agents and attendees from Gillepsie Macandrew. Some interesting points were raised and definitely gave us all something to think about.

A background on the Agricultural Tenants’ Right to Buy was then explored before considering that when section 99 of the Land Reform (Scotland) Act 2016 comes into force, it will no longer be necessary to register the tenant’s interest, in other words, 1991 Act tenants will automatically have to the right to buy the land at the point which the landlord wishes to sell.

Just like we did last month, the attendees were provided with two scenarios in relation to the next seminar (Transfer of Assets – Navigating Family and Matrimonial Ties) and voted on which scenario they would most like to hear about. This was a very tight vote indeed, and the scenario which narrowly won involves the recently divorced head of the family finding himself a new girlfriend! The question is, would he be able to make the new girlfriend leave his farmhouse if things go wrong, and would he need to pay her money if this happened?

Things are heating up in Antlerhill Estate, look out for our next seminar blog soon.

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