Agricultural Tenancies Solicitors

An agricultural tenancy refers to a type of property occupation. Individuals who rent agricultural properties or land usually need an agricultural tenancy agreement, for example, individuals who run farming businesses. It’s crucial to get independent legal advice before amending an agricultural tenancy agreement or entering into one.

Our highly skilled solicitors can help both landlords and tenants with a range of matters relating to agricultural tenancies, including:

• Full agricultural tenancies
• Farm business tenancies
• Farming tenancy compensation
• Grazing licences

Full agricultural tenancies refer to any tenancies established before September 1995 and, therefore, falling under the 1986 Agricultural Holdings Act. Under the 1986 Act, both tenants and landlords can request a rent review after three years. At the end of a full agricultural tenancy, the tenant is entitled to claim compensation for any large-scale improvements they’ve carried out.

Tenancies made under the 1986 Act do not allow for much negotiation between landlords and tenants. Due to this, any legal or financial disputes can be difficult to navigate. At Symes Bains Broomer, we are skilled in advising both landlords and tenants on full agricultural tenancies and the legal obligations involved.

Any tenancy established after 1 September 1995 is deemed a farm business tenancy. These agreements fall under the Agricultural Tenancies Act 1995. Under these modern tenancies, the landlord and the tenant have the freedom to negotiate their preferred terms together.

Whether you’re experienced in the agricultural sector or new to the industry, our professional solicitors can offer stellar legal advice. We can help you to negotiate your farm tenancy agreement to reflect your personal interests. Establishing the terms of farming tenancies requires expert knowledge and our legal team has years of experience in these processes.

Farm business tenants may not always understand exactly what they are entitled to. At Symes Bains Broomer, we can help you to know your rights and claim any compensation that you are eligible for.

Farm business tenancy compensation depends on many different factors. At the end of a farming tenancy, tenants can claim for:

• Changes made that boost the holding value (these changes must remain when the tenant vacates).
• Any physical improvements the tenant has made to the holding (the landlord must have consented to these improvements).

Tenants and landlords should agree on a maximum compensation amount in writing. The figure is usually equal to how much the tenant spends on improvements. It can be challenging to reach financial agreements between tenants and landlords so, to protect your interests, it’s best to seek the advice of a specialist agricultural tenancies solicitor.

A grazing licence refers to a short-term agreement as opposed to a type of tenancy. When a landowner obtains this licence, they are permitted to have animals graze on their land. A grazing licence provides benefits for landowners because the agreement does not fall under the Agricultural Tenancies Act. Grazing licences provide the landowner with more control over the length and terms of the agreement.

At Symes Bains Broomer we advise our clients on all legal aspects of grazing licences. If you’re a landowner looking for legal support with your grazing agreement, our highly-trained solicitors can assist you.

How long is a farm business tenancy for?

A farm business tenancy runs on a fixed term of two years minimum. A farm tenancy does not automatically end when the term date comes around, instead the tenancy continues until either landlord or tenant serves notice to quit. If you need legal assistance with your surrender of tenancy, we can support you to end your lease while safeguarding your legal rights.

How do you end a full agricultural tenancy?

Full agricultural tenancies come under the AHA 1986 with this Act focusing on tenants’ rights. Legislation such as the Security of Tenure and Succession Rights make it difficult for landlords to end a tenancy.

However, there are certain grounds where a landlord can reclaim their land, such as:

• The landlord needs to use the land for a non-agricultural purpose
• The tenant failed to fulfil their legal responsibilities, (for example, paying the rent)
• The tenant is aged 65 years old or over and alternative accommodation can be provided for them

If either landlord or tenant wishes to end a full agricultural tenancy, Symes Bains Broomer can provide legal advice easing you through this complicated process. Our specialist solicitors can guide landlords to end an AHA tenancy by serving notice under Section 25 of the 1986 Act.

What is the dispute procedure for an agricultural tenancy?

If either a landlord or a tenant has a dispute, they can use arbitration processes or expert determination provided by a third party. Arbitration refers to resolving the dispute via a legal settlement using a professional arbitrator.

The procedure may involve one of the following:

• Both parties provide testimony and evidence as part of a tribunal hearing
• The individuals use a written process of arbitration as opposed to a formal hearing

At Symes Bains Broomer, we can provide a range of competitively priced options to cater to your budget and requirements. Our specialist agricultural tenancies solicitors will talk you through our fixed fee arrangements.

Our solicitors can provide you with a realistic cost breakdown from the very start. Rest assured, we’ll regularly update you about the fees for any ongoing legal services.

To learn more about our pricing and fees, contact us today or take a look at our pricing page.