Scottish Government introduces new land reform legislation with major implications for landowners

On 13th March 2024, the Scottish Government introduced the Land Reform (Scotland) Bill. The aim of this Bill is to reform the law around large landholdings and certain types of leases of land. The controversial Bill includes measures for landholding over 1,000 hectares including potentially prohibiting the sale of the land until Ministers have been consulted and the impact on the local community assessed.

Landholdings of over 1,000 hectares account for over 50% of Scotland’s land so this Bill could potentially have drastic effects on how land is managed. If a sale of a landholding over 1,000 hectares is deemed by the ministers to have a negative impact on local communities, the land could be divided into smaller portions. This would allow for communities to purchase smaller land areas and provide opportunities for other parties who would not be able to purchase land otherwise to have the chance of land ownership.

To tackle climate change and reach net zero, many landowners throughout the country have started work on peatland restoration projects, woodland creation, riparian woodland and more regenerative and environmentally friendly farming practices. If large landholdings are broken down into smaller parcels, there is a risk that these current cohesive and large scale projects will be slowed due to minister intervention and the requirement for agreements to be made between multiple landowners. This will potentially slow down the progress that is already being made to reach net zero.

The Bill also puts legal responsibilities on landowners to demonstrate how their land is being used to address public policy priorities, contributing to nature restoration and reducing the impact climate change. Many landowners are already managing their land in a way to address these issues already. There will be the requirement for landowners to engage with local communities about how they use the land.

The Bill also sheds light on a proposed new tenancy model called a “Land Management Tenancy” which the Ministers will publish, this is to support tenancy to manage the land within their tenancies in ways that meet their needs as well as the nation’s. Measures are also included to reform tenant farming, increase sustainability and productivity and to compensate tenants at the end of their agreements for their investment of time and resources.

The Bill can be read in full here.

The Scottish Government has also published the report on the findings of a consultation held as part of a Strategic Environmental Assessment of agricultural tenancies, small landholdings and land management tenancy proposals. Within this report it is stated that many respondents noted that there needs to be a balance between tenants’ rights and landlords’ long term security. The respondents have also stated that further guidance and consultation is needed regarded a new tenancy model.

The report and findings can be read here.

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Important Update: Changes in Scotland’s Private Rented Sector

Since September 2022, there have been regulations in place to control rent increases and safeguard against evictions for privately let residential properties, established under the Cost of Living (Tenant Protection) (Scotland) Act 2022. However, effective April 1st, 2024, these restrictions, including the 3% rent increase cap, will be lifted.

To mitigate the risk of significant rent hikes, pending parliamentary approval, the process for rent adjudication will be temporarily adjusted for one year, starting April 1st, 2024. This adjustment aims to provide a fair approach to resolving rent disputes during this transitional period.

Here’s what landlords need to know about rent reviews in April:

Private residential tenants can dispute a rent increase, with disputes reviewed by Rent Service Scotland or the First-tier Tribunal.

Rent will be determined based on the lowest of three figures: the open market rate, the rent requested by the landlord, and a comparator based on the difference between the market rate and the current rate.

Proposed regulations necessitate the use of a rent taper formula if a tenant applies for rent adjudication:

*If the rent increase is 6% or less than the market rent, the landlord can increase the rent by the proposed amount.

*If the gap between the market rent and the current rent exceeds 6%, the landlord can increase it by 6% plus 0.33% for each percent that the gap exceeds 6%. The total rent increase cannot exceed 12%.

Read the Rent Adjudication (Temporary Modifications)(Scotland) Regulations 2024 here..

As demand for rented property rises, many privately let properties with existing tenants now have below-market rent due to the 3% cap in place since 2022. This is likely to lead to widespread rent increases across the country, although the full impact on the market remains to be seen.

Before these restrictions are lifted, further changes are set to take effect on March 1st, 2024, with new measures being added to the Repairing Standard, which applies to all privately let residential properties and Short Term Lets. These include:

*Safe Kitchens

*Fixed Heating System

*Safe Access to Common Parts

*Consent to Work on Common Parts

*Safe and Secure Common Doors

*Residual Current Devices

*Properties must be free of lead pipes, or a water quality test must be carried out.

*Other fuels, such as oil installations, must meet the same repair standards as gas and electricity installations.

For full information regarding the changes to the Repairing Standard, click here. While many properties will already meet these additional requirements, there is a risk, primarily to older tenancies, that may not meet the new requirements, necessitating additional works.

For further discussions on how these changes affect your property, please contact our professional letting agents at Bell Ingram.

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Navigating the Realities of Island Property Market: Insights from the West Coast of Scotland

I’m often told, “You have one of the best jobs in the world!” This exclamation usually comes from holidaymakers, particularly during smooth ferry crossings on bright, sunny days while traveling between picturesque islands along the West Coast of Scotland.  However, I often respond with a dose of reality, explaining the logistical and weather challenges of commuting during the winter months.

Living and working on the West Coast of Scotland is truly remarkable. Many clients relocate to this region for a change of lifestyle, seeking a more relaxed way of life amidst its stunning landscapes.

But while the demand for properties in accessible areas remains steady year-round, commuting to more remote areas can be challenging, especially in winter. These remote regions typically experience a slowdown in the property market from October, followed by a surge of listings in the spring. This trend continues into 2024, with my schedule already filled with travel plans to Islay, Jura, Lismore, and recently completing property appraisals on the Isle of Coll.

The Isle of Mull stands out as one of the most accessible islands on the West Coast, boasting three dedicated ferry routes from the mainland. As a resident of Mull, I’m well-positioned to respond to market demands and have stayed busy with both property appraisals and viewings throughout the winter months.

However, the sale of development plots in the region has faced challenges over the past 18 months. This is partly attributed to the lingering effects of Covid and the subsequent rise in material costs, prompting some clients to reconsider their building plans. Fortunately, there’s a resurgence in self-build confidence, with several clients eager to pursue their dream homes in the area. In fact, the last plot we listed on Mull received an offer within six hours of hitting the market!

Several external factors have also influenced the property market dynamics in recent months. In April 2023, there was an increase in additional dwelling supplement tax, a topic that’s increasingly discussed within the second home market, traditionally a robust sector across the West Coast.

In addition, landlords must now obtain a licence before operating letting properties, a requirement that has led to the listing of several long-standing letting properties in recent months, mainly due to landlords looking to retire.

Despite these developments, I remain optimistic about the upcoming year. I firmly believe in the enduring charm of the West Coast of Scotland and encourage anyone interested in buying or selling in the region to reach out to us to discuss their needs.

The experienced team at Bell Ingram Oban has amassed exceptional local property knowledge over the years. We take pride in offering professional market advice to both buyers and sellers alike.

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Surging Demand for Island Properties as Rural Living Trend Continues: Insights from Joanne Stennett from Bell Ingram Highland

Forecasting market performance is always difficult, but with inflation stabilising and mortgage rates steadying, it would be surprising not to see a resurgence of trust and certainty in the Highlands & Islands property market for 2024.

The first quarter of the year is looking promising and this should continue into the Spring which ordinarily sees an influx of both purchasers and sellers who have been biding their time until the weather improves for viewings.

Scotland’s Highlands & Islands have always attracted buyers from bigger towns and cities looking for a better standard of living in a less populated area and changes to the way people can now work has also helped the region with many people relocating since Covid, provided of course that they have a good broadband connection.

It’s unsurprising that in our region, homes with sea views and some land remain the most coveted. Regardless of the economic climate, we anticipate these properties will consistently generate high demand and fetch excellent sale prices.

Interestingly, demand for Island properties is unseasonably high and the desire to move to more remote locations seems to be continuing. However, the reasons why people chose to move still remain whether they are up-sizing or down-sizing, job relocation or just a simple desire to live a more rural lifestyle.

Like my colleagues in other parts of Scotland, I haven’t noticed any reductions in valuations within Home Reports. But I have observed that potential premiums above the asking price have decreased, aligning more closely with the values stated in the Home Report.

Persistently low stock levels also continue to challenge the market, primarily due to sellers hesitating to list their properties until they’ve secured a new home or attempted to buy one contingent upon selling their current home.

But looking ahead, there’s plenty of reasons to be cheerful, especially in the Inverness area, mainly due to the progress of the Inverness and Cromarty Firth Green Freeport. This initiative is gaining momentum, and it’s estimated that it could potentially generate 10,000 jobs in the vicinity of Inverness, Ardersier, and Invergordon/Nigg.

In conclusion, I anticipate that house prices will remain stable, and in retrospect, 2024 will be regarded as the new standard for a ‘normal’ year, marking the first such year since 2019.

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Navigating Scotland’s 2024 Property Market: Insights from Carl Warden, Bell Ingram’s Head of Estate Agency

Since I am frequently asked: “How is the property market?” I felt it was important to make comment early in 2024.

In the first quarter of the year, Scotland’s property market is typically dependent upon weather conditions as people gear themselves up for the Spring market.

There’s been a reasonably brisk start to 2024 as both buyers and sellers have begun to adjust their mindset and become accustomed to the changes that they have witnessed in the market in 2023.

Regrettably, many sellers aim for the highest possible price, often seeking a premium above the Home Report value. Conversely, buyers seek to negotiate significant discounts. These vastly differing approaches often result in a challenging path towards reaching a deal.

One prominent challenge in the market is the persistently low stock levels, primarily due to sellers hesitating to list their properties until they’ve secured a new home or attempted to buy one contingent upon selling their current home.

As Agents, we cannot advise our clients to take their property off the market while they wait for potential buyers to sell their own properties. This approach is fraught with risks and potential complications, contributing to a market that mirrors the English-style of selling, characterised by chains that are prone to breaking.

I haven’t observed any reductions in valuations within Home Reports. However, we’ve noticed that potential premiums above the asking price have decreased, aligning more closely with the values stated in the Home Report.

Monitoring demand proves challenging amidst the persistently low supply. However, the motivations driving people to move—whether it’s upsizing, downsizing, job relocation, or a desire for a more rural lifestyle—remain unchanged. Hence, I would confidently assert that demand remains robust for the right style of properties.

Purchasers have now reverted back to being more particular about their exacting requirements and this is a reflection of the market being less competitive than 2022 and 2023. The outlook for the year ahead is a simple case of the market readjusting to the new conditions and accepting that the cost-of-living crisis, food prices and interest rates have all increased around them. However, one of the most important things in life is the surroundings in which people live and their family home. I am therefore confident that although properties may not sell as quickly as initially anticipated, a successful sale will still be achieved in a reasonable time-frame.

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People make Inverness one of the happiest places to live in Scotland

Inverness was among the happiest places to live in Scotland during 2023.

Each year online property portal Rightmove asks people to share what makes them happy about where they live, and what they believe makes it special. Its Happy at Home Index, now in its 12th year, surveyed 26,000 people across the UK to gauge their opinion of their area based on 13 happiness factors.

From residents’ sense of pride and belonging to the local services and amenities on offer, Rightmove then pulled together a list of the happiest places to live in the UK based on the scores people gave their local area.

For the second year in a row Galashiels took the top spot as the “happiest” place to live in Scotland, with Inverness following a close second.

According to the survey, it’s often less tangible things such as community spirit as well as a sense of belonging which contribute toward people’s opinions of their homes, though for 2023 living near green spaces and natural beauty was another highlight.

Commenting on the survey, Joanne Stennett from Bell Ingram’s Highland office said: “My family were lucky enough to relocate to the area 12 years ago from the West Coast. I must say it is the best move we have ever made. We have beaches and mountains within easy reach as well as lochs for swimming and bike tracks in the forests. The airport also allows us to fly to various destinations within the UK and abroad.”

But it’s not just the friendly locals that makes the region worth visiting, Inverness offers a host of appealing factors that make it an attractive location for homebuyers.

Natural Beauty and Tranquil Lifestyle: Inverness-shire is known for its stunning natural landscapes, featuring dramatic mountains and picturesque lochs. If you value a low stress lifestyle and appreciate the beauty of the outdoors, buying a home in Inverness-shire provides the opportunity to enjoy these scenic surroundings daily. The region offers a peaceful escape from the hustle and bustle of urban life.

Outdoor Recreation Opportunities: Inverness-shire is a haven for outdoor enthusiasts. Whether you enjoy hiking, golfing, biking, fishing, or water sports, the region provides a plethora of recreational opportunities. Having a home in Inverness-shire means easy access to walking trails, and various outdoor activities, contributing to a healthy and active lifestyle.

Rich Cultural Heritage and History: Inverness-shire has a rich historical and cultural heritage, with landmarks, castles, and museums that showcase its fascinating past.

Community Atmosphere: Many towns and villages in Inverness-shire and surrounding areas offer a strong sense of community. Buying a home in such an area can provide a supportive and welcoming environment. Local events, festivals, and community activities foster a sense of belonging, making it easier to connect with neighbours and build lasting relationships.

Quality of Life and Amenities: Inverness-shire provides a high quality of life with a good balance of modern amenities and a peaceful atmosphere. Inverness offers shopping centres, schools, healthcare facilities, and other essential services, ensuring that residents have access to everything they need. Additionally, the region’s well-maintained infrastructure contributes to a comfortable living experience.

Before making a decision to buy a home, it’s crucial to consider factors such as your personal preferences, lifestyle, and long-term goals. Conducting thorough research and potentially visiting the area can help you make an informed choice that aligns with your needs and aspirations.

 

 

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Visitors rank Scotland’s most desirable locations – and Mull tops the list

Looking for your next move? Office space consultancy Freeofficefinder.com has ranked the most desirable places to live in Scotland using the number of views each location received on TikTok – and Mull tops the list!

With more and more people working from home these days, relocating to a picturesque Scottish island offers open green spaces, good for the soul, a space to boost mental health, a place to spend more quality time with family while at work.

Mull is a spectacular island, a wonderful place for those looking to escape a high-paced lifestyle. To the north of the island, Tobermory is famous for its colourful painted houses, a picturesque coastal town with a thriving social scene. Heading further south, the Ross of Mull offers stunning coastal views, where pink granite rocks meet crystal clear seas, creating a dramatic landscape.

Mull Property Expert Andrew Fuller, Bell Ingram Oban, explains, “I’ve been living on the Isle of Mull since 2016, having spent a lot of my childhood holidays exploring the island. It truly is a wonderful place to live and work, with plenty of community events and activities to get involved with. I’m able to guide clients who are looking to relocate to Mull, offering advice on the many quirks of island living.

“Employment opportunities are regularly advertised on the island, however we also seeing many clients opting to work from home, the perfect work/life balance. Families moving to Mull will find good educational options for their children, with several primary schools located around island, and a high school in Tobermory. There is also a property type to suit every budget, from one-bedroom coastal flats to grand estate houses.

“Most properties in this area offer incredible value when compared to other regions in the UK. The leisurely pace of life and the breathtaking surroundings combine to create a tapestry of adventures, making every single moment truly worthwhile.”

But it’s not just mesmerising views and astonishing wildlife that makes the Scotland’s islands worth visiting, both Mull and Islay in particular offer a raft of appealing factors that make them an attractive location for homebuyers. Here are five reasons to consider trying island life:

Scenic Beauty: Mull is known for its breathtaking landscapes, including rugged coastlines, rolling hills, and picturesque lochs. The island is home to diverse wildlife, including sea eagles, seals, and otters. If you appreciate natural beauty and tranquillity, buying a house in Mull allows you to immerse yourself in stunning surroundings.

Outdoor Recreation: Mull provides abundant opportunities for outdoor activities such as hiking, birdwatching, and water sports. With numerous trails, coastal paths, and waterways to explore, residents can enjoy an active and healthy lifestyle in a pristine natural environment.

Island Community: Mull has a close-knit and welcoming community. If you’re looking for a place where people know each other, and there’s a strong sense of community spirit, Mull might just be the ideal location. The welcoming population contributes to a friendly atmosphere and a sense of belonging.

Rich History and Culture: Mull has a rich history, with ancient castles, archaeological sites, and traditional Scottish culture. Living in Mull allows you to immerse yourself in the local history and traditions, providing a unique and enriching cultural experience.

Escape from Urban Life: If you’re seeking a peaceful retreat away from the hustle and bustle of city life, Mull offers a serene escape. With a slower pace of life, clean air, and minimal light pollution, you can enjoy a more relaxed and laid-back lifestyle on the island.

Keep in mind that while Mull has its unique charm, it’s essential to thoroughly research the practical aspects of island living, such as transportation, amenities, and local services, before making a decision to relocate.

Here are the seven “most desirable places to live” in Scotland according to the research.

Isle of Mull, Argyll and Bute

Braemar, Aberdeenshire

Craigellachie, Moray

Isle of Islay, Argyll and Bute

Killearn, Stirling

Gullane, East Lothian

Elie, Fife

*Source Freeofficefinder.com

Contact Andrew, Laura or Mairi to arrange your no obligation market appraisal. Tel: 01631 566 122 or oban@bellingram.co.uk

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Booking.com ranks the most welcoming places on earth – and Perthshire tops the list

Looking for your next move? Booking.com has revealed a full list of the most welcoming places in the world – and Perthshire in Scotland takes first place.

The ranking by the popular online travel agency placed the county first, with Penghu, Taiwan in second place, followed by Boyacá, Colombia, in third.

The list was identified based on the share of accommodation providers receiving a Traveller Review Award 2024* from Booking.com.

Perthshire Property Expert Carl Warden, Bell Ingram’s Head of Estate Agency, says: “There are so many attractive features that make Perthshire such a draw for purchasers, many of whom are coming from across the border. The recent lockdown has focussed so much attention on quiet and peaceful locations, with open space and the ability to work remotely. Perth and the surrounding areas are perfect for this and I am delighted to offer so many lovely properties to the market.”

But it’s not just friendly locals that makes the region worth visiting, Perthshire offers several appealing factors that make it an attractive location for homebuyers looking for property for sale in Perthshire. Here are five reasons to consider buying a home in what locals call “the Big County”:

Natural Beauty and Tranquil Lifestyle:

Perthshire is known for its stunning natural landscapes, featuring rolling hills, picturesque lochs, and lush greenery. If you value a tranquil lifestyle and appreciate the beauty of the outdoors, buying a home in Perthshire provides the opportunity to enjoy these scenic surroundings daily. The region offers a peaceful escape from the hustle and bustle of urban life.

Outdoor Recreation Opportunities:

Perthshire is a haven for outdoor enthusiasts. Whether you enjoy hiking, golfing, fishing, or water sports, the region provides a plethora of recreational opportunities. Having a home in Perthshire means easy access to nature reserves, walking trails, and various outdoor activities, contributing to a healthy and active lifestyle.

Rich Cultural Heritage and History:

Perthshire has a rich historical and cultural heritage, with landmarks, castles, and museums that showcase its fascinating past. Owning a home in Perthshire means being surrounded by history, giving you the chance to explore and appreciate the region’s heritage. Scone Palace, Blair Castle, and the historic town of Dunkeld are just a few examples of the cultural gems in Perthshire.

Community Atmosphere:

Many towns and villages in Perthshire offer a strong sense of community. Buying a home in such an area can provide a supportive and welcoming environment. Local events, festivals, and community activities foster a sense of belonging, making it easier to connect with neighbours and build lasting relationships.

Quality of Life and Amenities:

Perthshire provides a high quality of life with a good balance of modern amenities and a peaceful atmosphere. Cities like Perth offer shopping centres, schools, healthcare facilities, and other essential services, ensuring that residents have access to everything they need. Additionally, the region’s well-maintained infrastructure contributes to a comfortable living experience.

Before making a decision to buy a home, it’s crucial to consider factors such as your personal preferences, lifestyle, and long-term goals. Conducting thorough research and potentially visiting the area can help you make an informed choice that aligns with your needs and aspirations.

The 10 most welcoming regions on Earth

Perthshire, Scotland

Penghu, Taiwan

Boyacá, Colombia

Trentino – Alto Adige, Italy

Los Lagos, Chile

Erongo, Namibia

Otago, New Zealand

Lapland, Finland

Asturias, Spain

Friesland, Netherlands

*Source: Booking.com

To arrange your no obligation market appraisal, contact Carl Warden on 01738 621 121.

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Contract Farming Agreements – what to consider

By Douglas Ogilvie, Farming Consultant

Farmers need to respond to the challenges of increasing productivity, innovation, climate crisis, extreme weather and unknown policy changes that will hopefully help boost sustainable food production while supporting the environment.

One way is for a landowner or tenant, while remaining in complete control of their business and being an active farmer, to harness the management skills, labour, machinery, sometimes breeding livestock and technology of another farmer.

A Contract Farming Agreement is a straightforward Agreement whereby a Landowner or Occupier (the Farmer) engages the services of another Farmer or Contractor (the Contractor) on pre-arranged terms.

These agreements can be extremely flexible, prospectively long term and many agreements have been going for over 30 years.

The agreements are subject to the law of contract, and it is critical that these are properly drafted. There are many instances of agreements running into difficulties during inspections because of inadequate documentation or incorrect supervision.

It is vital therefore, that the documentation is correctly drawn up and supervised. Agreements work better with a third-party adviser being a facilitator and prevent problems festering. The adviser helps prevent mistakes, parties behaving contrary to the agreement, or it being found a sham.

Contract Farming Agreements should be distinguished from other agreements such as tenancies, partnerships, employment agreements, share farming and short term lets.

The Farmer usually provides:

  • The land

  • The buildings

  • Fixed equipment (eg. grain drier), although sometimes the Contractor will provide these facilities

  • Single Farm Payment, LFASS, SSBSS, SUSSS and in certain cases AECS

  • Finance to administer the agreement

  • Short and long-term policy objectives

The Contractor usually provides:

  • Labour

  • Machinery and all associated costs

  • Breeding livestock and replacements although these can also be provided by the Farmer.

  • Management expertise to implement the farming policy

Variable Costs and Fixed Costs

All variable costs are paid by the No. 2 Account. The Contractor pays for all his own labour and power costs. The remaining fixed costs are paid out of the No. 2 Account and may include:

Livestock

Breeding livestock can be owned by either the Farmer or the Contractor.

Finding a Contractor

Finding the right contractor this is the most important key to a successful long-term agreement, not the financial reward.

Finally

These agreements work extremely well for both parties for all enterprises whether arable or livestock. They are extremely popular and very flexible.

For further information

Contact Douglas Ogilvie who has over 37 years’ experience of Contract Farming Agreements or one of the Bell Ingram team in your local office. Tel. 01738 621 121.

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