In a previous post, we discussed the deadline for completing the Tenant’s Amnesty of 12 June 2020. In light of the current circumstances due to the Coronavirus pandemic, the Scottish Tenant Farmers’ Association has been lobbying for an extension to the official deadline. It has recently been announced that the Cabinet Secretary, Fergus Ewing, has agreed that the Amnesty period should be extended by 6 months. However, this change can only be made by amending the relevant legislation and, due to pressure of business in the Scottish Parliament, it can’t be guaranteed that this will be done in time.
As a result, landlords and tenants are being advised to continue their work on the Amnesty and, for those who have not yet made a start, it is essential to keep in mind the current deadline of 12 June 2020.
The Tenant Farming Commissioner (TFC) has also issued further guidance for completing the Amnesty process in the current circumstances. The TFC’s latest guidance pointed out that some of the procedures required for doing so, such as farm inspections, require a face-to-face meeting. The TFC has therefore recommended that all parties should take a reasonable approach to completing Amnesty Agreements without on site meetings. If it is not possible to reach agreement without such meetings, the safest option would be for the Landlord and Tenant to agree mutually in writing that they will delay such actions until the current COVID-19 crisis has ended. This will ensure that parties are not in breach of social-distancing rules. If an agreement on such a delay cannot be reached, the TFC should be informed.
Our advice to all landlords and tenants is to look to move forward proactively with the Amnesty process and if possible come to an agreement which benefits both parties in these trying times.
Similarly, the TFC has also recommended that any Rent Reviews due to take place this Spring should be postponed unless they are straightforward and can be concluded without face-to face meetings.
The full TFC guidance can be viewed here.
For further information and advice surrounding the agreement to delay or any other tenant farming matters, please contact our team.