TWO island farmers have invited Nicola Sturgeon to attend a sell-off of all their stock after their tenancy was ended due to legislation aimed at protecting their rights that they claim is flawed.
John Paterson, 34, a tenant of Glenree Farm on the Isle of Arran and his brother Ian, 26, are holding a “waygoing” sale today at the farm as they prepare to quit after the end of their tenancy under the controversial limited partnership agreement.
Hendersons Chartered Surveyors wrote the invitation to the First Minister on behalf of the Patersons.
A statement released by Hendersons read: “It is a shameful day indeed that another tenanted family and notably one so young will be forced to leave their farming homes and business.
“It is all the more shameful since this has been presided over and facilitated by a Scottish Government sitting in a Scottish Parliament. The brothers have worked their whole lives at Glenree Farm.
“Ian was only four when his parents originally took over the tenancy. It is not too late for the Scottish Government to at least come forward with the compensation they promised where this worst case scenario unfolded.
“We ask for the First Minister to show bold and compassionate leadership at this time.”
The brothers are part of a group of tenant farmers seeking compensation for being evicted from their farms. Six farmers are pursuing damages, saying their eviction is the result of a “flawed” law enacted by the Scottish Parliament in 2003.
They were all granted secure tenure after an amendment was made to the Agricultural Holdings (Scotland) Act.
But this was overruled by the UK Supreme Court in 2013, who said it breached landlords’ human rights. The court said landowners before and after a specific date had been treated differently, which amounted to discrimination.
This has led some landlords to serving eviction notices on the tenants so they can reclaim vacant possession.
All the farmers seeking compensation had previously held their tenancy in a “limited partnership”, which can prevent tenants enjoying long-term security.
The Patersons’ case follows an earlier sale involving farmer Andrew Stoddart as equipment was auctioned off from land that he and his family have called home for the past 22 years.
Mr Stoddart lost a lengthy battle to avoid being evicted from Colstoun Mains Farm, near Haddington, East Lothian.
The brothers’ father, Jim Paterson, had taken on the lease of Glenree Farm with a 10-year limited partnership in 1996.
In 2003 he passed the lease on to his son, John, who became a secure tenant following the Scottish Government’s amendment.
But current landlord Charles Fforde has decided not to offer a new lease and will run the farm himself.
A Scottish Government spokesman said: “Having a thriving tenant farming sector as part of the Scottish agricultural industry is key to ensuring that we get the most from our land and the people who farm it. As such we have a range of policies which support and encourage a vibrant tenanted sector.
“It is not possible for us to comment on or discuss the details of live court actions.
“We remain committed to facilitating and funding mediation between tenant farmers and their landlords in the interests of supporting the sustainability and productivity of the holdings and to maintain a strong rural economy.”
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