Tenant farmers who have yet to notify their landlords of any improvements on their farms were set to lose out on compensation claims when their tenancy comes to an end – if they have not acted by June 12.

In light of the Covid-19 crisis, this deadline is likely to be extended, but tenants are still urged to act quickly.
The three-year amnesty on tenant’s improvements began in June 2017.

It allows landlords and tenants to rectify any outstanding issues around notification of tenants’ improvements which should qualify for compensation when the tenancy comes to an end – in a process known as ‘Waygo’.

Davidson & Robertson (D&R) has been working in partnership with NFU Scotland since June last year, providing a free Waygo Helpline (0131-449-6212) to support tenant farmers and landlords looking to capitalise on the ‘Waygo’ Tenants Amnesty.

‘Don’t delay’

Gemma Cooper, head of the Policy Team at NFU Scotland, said: “The joint initiative has already helped a good number of tenants and landlords and the number is still available to help our members with any amnesty related queries.

“For those who have left things very late, this helpline could help them obtain advice relating to starting the process.

It remains vitally important that both parties in a rental agreement take advantage of this process where they can. Setting the record straight will not only help the tenant at waygo but make things easier for the landlord as well.

“It is important that tenants and landlords understand that whilst the June 12 deadline will be extended, tenants still need to act quickly.

“The extension (likely to be six months) is the last possible date for using the formal notice process required to safeguard parties’ legal position.”

Despite the original looming deadline, many landlords and tenants across Scotland, have still not taken advantage of the amnesty.

George Hipwell, D&R director said: “So far we have assisted landlords and tenants across the length and breadth of Scotland; however, uptake is still poor.

We’re still encouraging eligible tenants and landlords across the country, to take up this once in a lifetime opportunity before the deadline.

Extension granted

Following representations from STFA, Cabinet Secretary, Fergus Ewing has agreed to extend the amnesty period for a further six months.

In a letter to STFA, the Cabinet Secretary said: “I note the points that you have made about the difficulties tenants face in the current circumstances around on-farm meetings and I am sympathetic to your request for an extension to the amnesty.

“I have, therefore, asked my officials to explore legislative options for extending the amnesty period for six months.”

Ewing said that he will work to extend the amnesty, but due to significant pressure on Parliamentary time, he cannot guarantee an extension at this stage.

A decision is expected after Easter as to whether or not the extension will go ahead.

George Hipwell added: “We are pleased to hear that a six-month extension is being considered, but it doesn’t mean tenants should hang back.

The amnesty process is a one-off, so it is essential that those eligible engage as soon as possible if they haven’t already.

For those who are not members of NFU Scotland visit the D&R website or contact George Hipwell on: 0131-449-6212 for more information.