Tenant farmers call for closure of legal loophole

The Scottish Tenant Farmers’ Association (STFA) has lobbied for the closure of a legal loophole which allows some landlords to block the passing-on of heritable tenancies within families, it has emerged.

Such activity occurs through the "two man rule" which states that landlords may serve a notice to quit on a tenant within twelve months of their inheriting a tenancy should the holding be capable of giving full-time employment to two people and the property-owner intends to amalgamate the holding.

Angus McCall, chairman of the STFA, describes the situation as "iniquitous".

"The two-man rule still exists as a remnant of previous legislation but is being exploited by some landlords and their agents to frustrate the assignation of a tenancy," he tells the Herald.

He concluded that the two-man rule should be removed from the statute book and until this occurs advised tenants facing difficulties to seek legal advice.

The STFA improves the professional and technical knowledge of its members and encourages the flow of new tenancies into the market.