Landlord and Tenant
Landlord and Tenant
People, businesses or companies who rent agricultural land or property in the UK will usually be subject to an agricultural tenancy. Our team of solicitors has an in-depth knowledge of agricultural law relating to landlord and tenant issues and how it applies in order to protect the legal rights of either party. We investigate each situation on its own merits and we ensure every aspect of the applicable laws is fully adhered to, for example:
Farm Business Tenancies:
A tenancy agreement signed after 1st September 1995 will fall under the remit of the Agricultural Tenancies Act 1995 - colloquially referred to as Farm Business Tenancies. In order to be considered as such, a section of the leased land must be farmed throughout the entire duration of the tenancy. We work with our clients to agree on mutually acceptable rent levels and review criteria. We explain the rights of tenants and landlords in detail, and we help our clients apply those rights to real-world situations.
Agricultural Holdings Act Tenancies:
All agricultural tenancies which started prior to 1st September 1995, will be subject to the Agricultural Holdings Act 1986. This is the case regardless of whether there is a written document in place or not. An Agricultural Holdings Act Tenancy is very heavily regulated by the Act and it is of utmost importance that the provisions of the Act are complied with during all dealings, to ensure notices, rent reviews etc are fully enforceable. Our team of experts is highly experienced in protecting the interests of both the landlord and the tenant in these matters.
We recognise that many farms and landed estates also serve as homes and may contain a number of residential properties. We work within the guidelines of the Agricultural Tenancies Act and domestic tenancy laws to ensure your home and the homes of your workers or private tenants are protected separately from the commercial or agricultural land that surrounds them.
It is widely recognised that farms and landed estates very often serve multiple purposes. As a result, parts of the land may be rented to third party businesses as part of diversification, or the farming business or land owners own business might occupy parts of the land. It is important for buildings or land, which is not used for agricultural or residential purposes, to be governed by commercial leases in order to set out the tenant’s and landlord rights in a clear manner to avoid future difficulties. We are able to fully assist in drawing up commercial leases, as well as helping you to deal with rent reviews, dilapidations, notices to quit and all other aspects affecting a relationship between commercial landlords and tenants
Whilst the Agricultural Tenancies Act relaxed the restrictions on grazing licences, they are still widely used across the UK in order to meet certain tax, single farm payment and milk quota criteria. We can explain your options in this regard, and our team of agricultural specialists will ensure your own arrangements are legally compliant.
Agricultural law can be a minefield: for landlords and tenants alike. We are here to guide you through the process, and to ensure that your best interests are protected.
JWK can help you. Get in touch today
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Tony has worked at JWK Solicitors (and Whiteside and Knowles before the merger) since 1978. Tomy is recommended in the Legal 500, for agriculture and country... Read more
Josie joined JWK in 2016. Josie completed her Law degree in Leeds and has recently completed the Legal Practice Course at University of Central Lancashire obtaining the... Read more
George has completed his training contract at JWK in October 2017 working at our Morecambe office in the Agriculture department supervised by Director Anthony Collinson and... Read more
Avelina specialises in agricultural and rural property work, acting for land owners, farmers, landed estates and charities. She is a Fellow of the Agricultural Law Association, of... Read more
The figures, released by the government, cover the period up to 31 March this year.