Response 113016442

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1. Right to Buy

A. Do you agree that providing small landholders with the right to buy the land under their homes and their gardens could give small landholders greater security and allow them to invest into their small landholding and business with confidence?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
Please give reasons for your answer
Security is only guaranteed with ownership.

B. Do you agree that giving small landholders the right to buy the land under their homes and garden could be beneficial in reducing rural depopulation for the communities with small landholdings in them?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
Please give reasons for your answer
Giving families the option to buy allows for property to be passed through inheritance.

C. Do you agree that small landholders should have the opportunity to purchase their small landholding if their landlord gives notice or takes action to transfer the land containing the small landholding for sale or transfer to another company or trust?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
Please give reasons for your answer
If tenants have invested years of work and money into their property they should be offered first refusal.

D. Do you agree that a clawback provision should be introduced to ensure fairness for the landlord if a small landholder who previously purchased the land under their home and garden or their small landholding and subsequently sells either of these within a specific timeframe?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
Please give reasons for your answer
N/A

E . How do you think this clawback should be calculated and what length of time should the clawback apply to?

I am not able to give an absolute time scale or calculation of value but I feel strongly that the right to buy should come with restrictions to stop these properties from being sold on for profit soon after purchase. I do think if there is significant bereavement within the families there may be need for some leeway.

F. Do you agree that the most appropriate and fair valuation for the right to buy the land under the home and garden should be decided by a valuer appointed in agreement by both the small landholder and their landlord, or failing both of them agreeing a valuer, one would be independently appointed?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
Please give reasons for your answer
I feel the cost should be shared between both parties.

G. How should the valuation of the right to buy the land under the home and the garden site be calculated to provide fairness for both the small landholder and their landlord?

Please give reasons for your answer
I feel an overview of the accounts over several years showing investment by the Tennent and profit also an independent valuation of the property at current open market value should be considered a balanced overview then could be discussed. it may also be appropriate to consider means testing if the current tenant is going to require a loan to buy.

2. Diversification

H. Do you agree that small landholders should be able to diversify their activities on their landholdings?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
Please give reasons for your answer
N/A

I. Should small landholders require their landlord’s permission in advance of diversifying their activities?

Please select one item
Yes
No
Don't know
If yes, should that permission have a set timescale that a landlord is required to meet?
N/A

J. Do you agree that if the landlord does not consent to the small landholder’s diversification the small landholder should have to go to the land court?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
If you disagree what alternative do you propose?
N/A

3. Assignation and succession

K. Do you agree that the legislation setting out who can be assigned or succeed a small landholding should be updated to have similar succession and assignation rights as tenant farmers with secure 1991 Act tenancies?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
Please give reasons for your answer
I feel that the rights granted to Tenant farmers should be the same as small landholdings.

L. Do you agree that a landlord should be able to object to the person the small landholder wishes to be assigned the small landholding or to succeed it?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly Disagree
If so what should those objection grounds be?
If the person is not fit to maintain the land holding.

4. Access to an umbrella body

M. Do you agree that small landholders and their landlords should have access to a public body (in a similar way that tenant farmers and their landlords have for agricultural tenancies)?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
Please give reasons for your answer
I feel tenant farmers and land holders should have the same rights.

N. If a small landholder and their landlord have a disagreement should the body be able to mediate?

Please select one item
Strongly agree
Agree
Neither
Disagree
Strongly disagree
Please give reasons for your answer
N/A

Assessing the Impact

P. Are you aware of any potential costs and burdens that you think may arise as a result of the proposals within this consultation paper?

Please select one item
Yes
No
Don't know
Please give reasons for your answer
N/A

Q. Are you aware of any examples of potential impacts, either positive or negative, that you consider that any of the proposals in this consultation paper may have on the environment?

Please select one item
Yes
No
Don't know
Please give reasons for your answer
N/A

R. Are you aware of any examples of particular current or future impacts, positive or negative, on young people, of any aspect of the proposals in this consultation paper?

Please select one item
Yes
No
Don't know
Please give reasons for your answer
I feel allowing the right to buy allows young people to have access through inheritance to country employment and careers.

S. Could any improvements be made from a young person’s perspective?

Please select one item
Yes
No
Don't know
Please give reasons for your answer
N/A

T. Are you aware of any impacts, positive or negative, of the proposals in this consultation paper on data protection or privacy?

Please select one item
Yes
No
Don't know
Please give reasons for your answer
N/A

U. Are you aware of any examples of how the proposals in this consultation paper may impact, either positively or negatively, on those with protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation)?

Please select one item
Yes
No
Don't know
Please give reasons for your answer
N/A

V. Are you aware of any examples of how the proposals in this consultation paper might have particular positive or negative impacts on groups or areas experiencing socioeconomic disadvantage?

Please select one item
Yes
No
Don't know
Please give reasons for your answer
N/A

W. Please note these could be households with low incomes or few resources; families struggling to make ends meet; people who experienced poverty while growing up; or areas with few resources or opportunities compared with others.

Please select one item
Yes
No
Don't know
Please give reasons for your answer
N/A

X. Are you aware of any examples of how the proposals in this consultation paper might impact, positively or negatively, on island communities in a way that is different from the impact on mainland areas?

Please select one item
Yes
No
Don't know
Please give reasons for your answer
It is impossible for young people to find accommodation.

About you

27. Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Organisation