tag:blogger.com,1999:blog-5804759117912757983.post5877710713701358491..comments2023-10-22T02:46:05.447-07:00Comments on The farm at the back of beyond: But Sir, you ARE the problem.GentleOtterhttp://www.blogger.com/profile/04728896118931496934noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-5804759117912757983.post-78632349876088940082013-05-28T13:48:12.080-07:002013-05-28T13:48:12.080-07:00Workbike, you just talked me out of my proposed ru...Workbike, you just talked me out of my proposed rule that the tenant is not allowed to live on the farm (which I was never very keen on in the first place).<br /><br />What you were saying about how it works in Germany with rents being controlled according to ceiling height etc., that's *homes* you're talking about here, right? Because, if so, I'm not talking about homes, I'm talking about farms (business premises) as to which very different considerations apply. That's why it's difficult to combine a home and a place of business in a single lease agreement. Neil Kinghttps://www.blogger.com/profile/15567487892239196569noreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-9975583228502788412013-05-28T12:48:12.508-07:002013-05-28T12:48:12.508-07:00Sorry,
"Maybe I just see things differently ...Sorry,<br /><br />"Maybe I just see things differently because of my experiences here in Germany. Here, if you want to live rent or buy you often have to make at least part of your living from the land, so we have the opposite condition."<br /><br />Should read: "Maybe I just see things differently because of my experiences here in Germany. Here, if you want to live rent or buy a farm or smallholding you often have to make at least part of your living from the land, so we have the opposite condition."<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-49099873731173876272013-05-28T12:44:28.500-07:002013-05-28T12:44:28.500-07:00"I might be persuaded to agree that, in futur... "I might be persuaded to agree that, in future, it’s a condition of farm leases that the tenant is not allowed to live on the farm so as to break the home/business linkage."<br /><br />That seems an odd condition for people who have to be in attendance on livestock, potentially 24/7 during times like lambing.<br /><br />Maybe I just see things differently because of my experiences here in Germany. Here, if you want to live rent or buy you often have to make at least part of your living from the land, so we have the opposite condition.<br /><br />We also have some very strong laws to make the landlord/tenant relationship more even. Many are as you suggest, a clear definition of what responsibilities are. Another is a matrix for the maximum rent a landlord can charge. This takes into account age of the building, condition, how well insulated it is and how much heating costs, and also how good public/private transport links are. We even get a rebate because our apartment is in a roof and the ceiling is low in some places. <br /><br />This is normal in Germany, and I suspect other places in Europe. I fail to see why some rich laird in Scotland gets away with playing the feudal lord.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-89357699417148464582013-05-27T20:49:33.020-07:002013-05-27T20:49:33.020-07:00Good idea: contact me through Twitter. My thinking...Good idea: contact me through Twitter. My thinking with change.org or similar is that politicians tend to notice numbers, I'm just worndering how more people could be mobilised without you getting repercussions, although I'm sure you've considered that yourself many times.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-5268900930421646392013-05-27T17:20:22.205-07:002013-05-27T17:20:22.205-07:00The fundamental problem is that the law is ill-equ...The fundamental problem is that the law is ill-equipped to square the circle that is that a relationship which began as a finite medium term one (a lease of a farm in 1890 for 20 or so years) was converted into a permanent one when tenants were given security of tenure in 1948. <br /><br />Thus, who could have foreseen in the 1890s that there would ever be a time during the tenancy when the railway wouldn’t be there? And although the landlord is obliged to renew a building which is past economic repair, what in practical terms does that involve when the building is hundreds rather than dozens of years old? Does the landlord have to provide new state of the art facilities or just something as close as possible to the original as it’s possible to get - does it have to be of whinstone and slates? <br /><br />You’re in an awkward limbo half way between being a tenant and an owner. And there’s also the problem that your home (as to which one is entitled to a measure of security of tenure) is inextricably mixed up legally with your business (which should be a commercial relationship).<br /><br />I think the only way to resolve this is to give agricultural tenants in your situation – that is on very old leases, not more recent limited partnerships etc. – the choice of being proper owners or proper tenants. <br /><br />Thus, they have a right to buy but only within a finite period (3-4 years). Government to underwrite loans so nobody can complain they couldn’t secure finance. Those who do not choose to buy within that period will have their leases updated to remove old stuff about good men and horses to long gone railway stations and – more importantly – up to date terms about who’s liable for what in terms of modern infrastructure. Costs of arbitration on this in the Land Court to be met by Government so nobody can complain about legal fees. But the lease will also end with the current tenant or any younger close family member currently involved with the farm.<br /><br />In future, all new leases will have complete freedom of contract. No minimum or maximum terms or nanny state (or the STFA) telling you what you can or cannot agree to. (I’ve a notion great-grandfather Otter, the headmaster, would approve of that and would have been an equal match for the landlord of the day and would not have needed a lawyer.) I might be persuaded to agree that, in future, it’s a condition of farm leases that the tenant is not allowed to live on the farm so as to break the home/business linkage. But that really goes against the grain as I deplore regulation like that because it can cause unintended consequences (as witness for example the prohibition on house lets longer than 20 years introduced on the back of abolition of feu-duties in 1974 – means you can’t guarantee a lease of a house to a 65yo for the rest of his/her life but let’s not digress into that.)<br /><br />Neil King (previously known as Neilscountryfile) <br />Neil Kinghttps://www.blogger.com/profile/15567487892239196569noreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-21231023109634502952013-05-27T14:36:00.793-07:002013-05-27T14:36:00.793-07:00workbike, thank you.
I have followed you on Twitte...workbike, thank you.<br />I have followed you on Twitter (I am @GentleOtter on there) and I can send a DM for your email address if that is ok.<br />The issues I have written about can be seen by any visitor to the farm at any time and the MEP would be best to visit and see first hand.<br /><br />Whilst Change.org can be a brilliant means of raising awareness for so many campaigns, I don't think it would change much for us as we need urgent help to address our home, our water and the feudal bullying. This can only be done by either law or a change in the law.<br />The way Scottish agriculture law lies at present is heavily stacked against the tenant farmer and very pro the landowner so the very law must change and soon.<br /><br />That said, I will contact our MEP to come and visit the farm. None of the MSPs were interested but our M.P. took the time to visit and was horrified. I am waiting for a letter on his findings plus a report on his recent meeting with the landowner.GentleOtterhttps://www.blogger.com/profile/04728896118931496934noreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-25360590322190250232013-05-27T12:29:47.112-07:002013-05-27T12:29:47.112-07:00I'm entirely with you on the last two paragrap...I'm entirely with you on the last two paragraphs. Only trouble is, it's difficult to write to our European MEP and ask him/her to ask questions about 'scottish crofters' in general. I'd need solid facts, like places and things that even an MEP can check. Could you get them to me via my blog (there's a contact form there somewhere)?<br /><br />As for other things (random thought) what about Change.org and their petitions?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-50475450081348079132013-05-23T07:24:23.077-07:002013-05-23T07:24:23.077-07:00Hello, Last Alliance Studios!
Fed up to the back ...Hello, Last Alliance Studios!<br /><br />Fed up to the back teeth with it all especially when there appears to be no rush to remedy the issue. Still lugging clean water in from other places, daily.<br />I should market our water as an 'Instant Weight Loss Remedy', the laird would want his cut, of course. Wonder if he would accept liquid assets ;)GentleOtterhttps://www.blogger.com/profile/04728896118931496934noreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-15820817246088757012013-05-23T07:16:26.230-07:002013-05-23T07:16:26.230-07:00I've been wondering where you'd got to!
I...I've been wondering where you'd got to!<br /><br />I cannot believe you're still having to live with polluted water, especially after your son got sick from it a while back, it's madness!Last Alliance Studioshttps://www.blogger.com/profile/08275905651993894510noreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-57201368957107780232013-05-22T14:24:18.788-07:002013-05-22T14:24:18.788-07:00oldfarmhorace, thank you for your good wishes and ...oldfarmhorace, thank you for your good wishes and yes, the blog helps to vent and catalogue the problems here.<br /><br />Sarah, life here is draconian and we tend to forget that it is not normal as it becomes part of everyday life. You realise that people are horrified when you speak out about it.<br />The Scottish government are WELL aware that people like our laird or his lackeys run a dubious outfit and the truth is that I have held back on many aspects of living under a feudal system.<br />Our example is one reason why other tenant farmers do not speak out. They are terrified and so used to oppression that it becomes institutionalised in your daily life.GentleOtterhttps://www.blogger.com/profile/04728896118931496934noreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-35231520079690358382013-05-22T11:16:30.040-07:002013-05-22T11:16:30.040-07:00Afraid that I really know next to nothing about Sc...Afraid that I really know next to nothing about Scottish law, but this sounds very drachonian - and can't believe it's human rights compliant, shocked to hear feudalism struggles on as I thought this was being abolished with - outrageous that you need consent for your daughter to start a business!Anonymoushttps://www.blogger.com/profile/06719637272826234489noreply@blogger.comtag:blogger.com,1999:blog-5804759117912757983.post-13671649925629848892013-05-22T11:15:01.943-07:002013-05-22T11:15:01.943-07:00I can't imagine your frustration but hopefully...I can't imagine your frustration but hopefully the blog will help you get it off your chest as well as driving reform. Very best of luck.Anonymousnoreply@blogger.com