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What Can Farming Tenants and Landlords Do If They Cannot Reach an Agreement About Accessing Sustainable Farming Schemes?

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"If a farming tenant wants to access the Sustainable Farming Scheme what legal rights do they have to access it? And what can landlords do if they can’t reach an agreement around this?"

On September 26 the Agriculture (Wales) Bill was published in draft form, and it included a proposal to amend the 1986 Agricultural Holdings Act (AHA) to give farm tenants greater legal rights in relation to accessing sustainable schemes.

This amendment would enable tenants who may have disagreed with a landlord about accessing the new Sustainable Farming Scheme in Wales to proceed when an agreement cannot be reached.

This change aims to enable tenants to grow and develop their business without the constraints of potentially restrictive clauses, however, it should be considered as a last resort after discussions between both parties have failed.

We would always advise landlords and tenants to attempt to reach an agreement regarding access to sustainable farming schemes. However, If this cannot be reached, then this new proposal may offer greater support to tenants as part of the 1986 AHA.

JCP’s Rural Practice team specialises in a wide range of legal services, whether you need legal assistance with succession planning, an agricultural business, or you need expert advice on land use and environmental issues.

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The question posed is based on a hypothetical situation. This content does not constitute legal advice and is provided for general information purposes only.