Residential property
04 May 2020 News

Scottish Government proposes extension to Tenant Amnesty

The Scottish Government has laid before parliament a draft regulation to extend the tenant amnesty in relation to farm improvements for another 6 months.  This has been done in light of the Coronavirus restrictions.

It is difficult to imagine that it will not be ratified by the Scottish Parliament but it is an interesting example of the Scottish Government using the very wide powers which it reserved to itself in the Land Reform (Scotland) Act 2016. to amend primary legislation.

In the circumstances, extending the amnesty until 13th December 2020 is unlikely to be considered controversial.  In view of the currently impending end of the amnesty period (13th June 2020) there is very unlikely to be time to reach an agreement for those who have not started the process.  What that means is that if a tenant was to serve an amnesty notice now a landlord would almost certainly have to serve an objection notice which in turn would require the tenant to make an application to the Land Court.

Hopefully that can all be avoided by extending the period. However, if the parties don’t take the opportunity to use the next six months to resolve their amnesty agreements then this will have served only to kick the can down the road and parties will find themselves in the same position in December.

For the avoidance of doubt until the regulation is passed this remains a proposal. We will advise once the position is confirmed.

Back to news list
Back to top
Back to top

How can we help you today?