Changing the rules: What rural tenants and landlords need to know

This article was first published in LandBusiness.

The Land Reform (Scotland) Act 2025, which received Royal Assent in December last year, includes amendments to the Rules of Good Estate Management and the Rules of Good Husbandry. As this is the first time these rules have been changed since they were established in 1948, the amendments reflect ways the sector has developed.

The amendments have not yet come into force and, at time of writing, no date has been set for their introduction. People living and working in the sector have some time to consider their potential effect and this article highlights some key things to think about.

Some key changes

When the rules were introduced, the primary concern was sufficiency of supply and efficiency was the main standard by which estate management and husbandry were measured. Since then, wider scientific and cultural changes have introduced other concerns with a longer term focus.

This can be seen in the amendments to Paragraph 1 of the Rules of Good Estate Management. This currently requires a landowner to manage their land “so as to enable an occupier of the land reasonably skilled in husbandry to maintain efficient production as respects both the kind of produce and the quality and quantity thereof”. The amended version, however, adds two elements: “To maintain efficient, sustainable and regenerative production.”

Other changes reflect changing social and cultural attitudes.

Paragraph 2(e) of the Rules of Good Husbandry concerns whether a unit is farmed in accordance with the rules. It currently requires that, in cases of hill sheep farming, regard must be had to whether the farmer in question is using lug, horn, or other stock marks for the purposes of determining the ownership of stock sheep. As a result, an occupier using another less traditional means of identification, such as EID tags, could be penalised. The amendments will remove the reference to “lug, horn, or other stock marks” and permit consideration of whatever methods are used to determine ownership.

The consequences of failing to comply

One thing that won’t change is that failing to comply with the rules can have significant consequences. For example, failure to comply with the Rules of Good Husbandry is one of the grounds on which a landlord can seek to terminate an agricultural tenancy. A landlord can also seek compensation for dilapidation, deterioration or damage caused by a tenant’s failure to farm in accordance with the Rules of Good Husbandry – and a tenant could defend such proceedings on the basis that the dilapidation was in fact due to the landlord’s own failure to comply with the Rules of Good Estate Management.

The Rules of Good Husbandry are not only relevant to current agricultural tenants. In certain circumstances where an agricultural tenant seeks to assign their tenancy to another incoming tenant, the landlord can object to the assignation if they are not satisfied that the incoming tenant has the skills and experience that would be required properly to manage and maintain the land in accordance with the rules.

What to do now

If your farming practices are already in line with the amended rules, then the changes will be of little consequence. Indeed, there will be some whose current practices accord with the new rules but not the old ones: we are aware of tenants who had been employing sensible and industry-accepted practices yet found themselves at risk because those practices did not accord with the rules in their original form.

If your practices do not accord with the new rules, consider adapting before the changes take effect. In particular, tenants and landlords should review leases and consider whether any of the amendments will put them at risk of breaching any obligations.

If you are concerned about the impact of these amendments, seek advice from your solicitor or land agent. If you would like to have a more detailed discussion about your particular situation, please contact our Rural Property and Business team.

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