Relinquishment and Assignation CAAV No 244
Tenancies are an important part of Scottish agriculture and can provide a valuable means of entry into farming. However, a 2014 survey highlighted both few opportunities for new entrants into the sector and an ageing population of tenants with no exit or retirement policy and nothing to encourage them to retire.
The Land Reform (Scotland) Act 2016 set out to tackle this with new provisions on relinquishment and assignation which came into force on 28 February 2021. In summary, they enable most tenants under the Act to offer to relinquish their tenancy to the landlord for a value to be assessed statutorily. If the landlord does not wish to buy the tenancy the tenant may then assign it with a favoured place for a new entrant or a “progressive farmer”.
The book first details the formal procedure and timescales set by the Act and then reviews the complex issues for valuers to undertake within a tight timetable. The author has consulted with the Tenant Farming Commissioner, Bob MacIntosh, and Sarah Allen from the Scottish Land Commission, among others.