Code Of Practice – Agricultural Tenants And Sporting Rights

The Tenant Farming Commissioner (the TFC) has released a Code of Practice on the management of relationships between agricultural tenants and the holders of sporting rights.

The Code is the latest to be released by the TFC under section 27 of the Land Reform (Scotland) Act 2016. It applies where land is subject to an agricultural tenancy and the landlord either exercises sporting rights or has leased them to a third party. The Code seeks to deal with the competing interests which are in play in that situation, in particular where there is a sporting tenant and an agricultural tenant who exercise rights over the same area of land but do not have a direct legal relationship.

Key Principles

The Code sets out key principles which include:

The agricultural tenant and the party exercising the sporting rights should respect the right of the other party to enjoy their rights without undue interference. Good communication is key to a harmonious relationship. Both parties should be prepared to make reasonable compromises. Landlords should ensure that employees/sporting tenants are aware of the Code of Good Shooting Practice and the BASC Code of Practice on Deer Stalking. Sporting leases should require tenants to comply with the Code of Good Shooting Practice and the BASC Code of Practice on Deer Stalking. Practical Arrangements

The Code deals with the following practical arrangements with a view to minimising conflict -

Provision of contact details. Agreeing access arrangements. Notification of shooting dates. Notification of other potentially affected parties (eg sub tenants of residential properties). Whilst the Code seeks to deal with the main areas of potential conflict, it suggests that the parties may find it useful to agree a Memorandum of Understanding specific to their circumstances. This follows on from the Joint Industry Guidance issued by the Independent Adviser...

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