Today is February 23, 2012 
Background and History
Following enactment of the Agricultural Holdings (Scotland) Act 2003 the Scottish Land Court became the primary forum for settling rent reviews or other disputes between the landlord and tenant of an agricultural holding.
It remains open to the landlord and tenant of an agricultural holding to agree at or after a time that a dispute arises that the dispute be determined by a method of alternative dispute resolution rather than the Scottish Land Court.
What methods of alternative dispute resolution are applicable to agricultural tenancies?
- Arbitration – the position of an arbitrator is similar to a judge but the process to be followed is less formal and is confidential. The process is now governed by the Arbitration (Scotland) Act 2010. An arbitrator will hear submissions from both parties and issue a decision called an “Award”.
- Expert Determination - an Independent Expert may also hear submissions from both parties. In addition they can make their own investigations and apply their own experience to the matter referred to them. An Independent Expert will issue a decision called a "Determination".
What are the benefits of alternative dispute resolution?
The process should be fair, informal and time and cost effective.
How can SAAVA assist?
Under the Agricultural Holdings (Scotland) Acts a reference to arbitration or expert determination requires to be agreed by landlord and tenant. In the event that landlord and tenant can agree the procedure but not the identity of an arbitrator or independent expert SAAVA is registered as an Arbitral Appointments Referee under the Arbitration (Scotland) Act 2010 and can appoint an arbitrator or independent expert on the joint application of a landlord and tenant.
A template joint application is attached below. If you want SAAVA to appoint an arbitrator or independent expert to settle your rent review or other dispute you should complete the template joint application below and submit it to the Secretary with a cheque for £150 payable to Anderson Strathern LLP in settlement of SAAVA's non-returnable administration fee. Please note SAAVA require a minimum of ten working days from receipt of your joint application to appoint an arbitrator or independent expert.
When appointing an arbitrator or independent expert SAAVA will act independently and transparently and will select an arbitrator or independent expert that is suitably qualified and free from conflict of interest.
If your rent review or dispute relates to a matter other than an agricultural tenancy but you consider SAAVA may be able to assist please refer your enquiry to the secretary.
Professional Representation
It is not essential that parties are professionally represented in an arbitration or expert determination but it may be beneficial. The "Find a Valuer" section on this website provides details of SAAVA members that may be able to assist.
Useful Documents
Attached are:
- A template joint application to appoint an arbitrator / independent expert.
- A schedule for annexation to that joint application in the case of a rent review.
- A schedule for annexation to that joint application in the case of questions or differences other than rent review.
- A list of the information it is suggested it would be appropriate to produce to an arbitrator / independent expert in a rent review.
- A note on SAAVA’s appointment process.