We can draft Farm Business Tenancies and succession tenancies under the Agricultural Holdings Act in accordance with your instructions and the individual requirements of the parties involved.
We offer a tailor made service which is specific to the farm, land and people involved.
We will also advise tenants or landlords who have been provided with an agreement for approval and raise any points that require further consideration.
Deeds Of Surrender
When a tenancy comes to an end by agreement before the term date it is important to encapsulate that settlement within an agreement and deed of surrender.
These documents will contain the details of any agreement made including the date at which vacant possession will be provided, any compensation amount payable, and any transfer which may be required of Single Payment Scheme (now Basic Payment Scheme) entitlements together with warranties and indemnities in relation to cross compliance conditions.
We can draft an agreement and deed of surrender which accurately reflects your settlement and can highlight any additional matters which you may need to consider.
Licences To Sublet
Even once a tenancy has been created, there will from time to time, be management issues which require attention.
It is advisable to deal with such matters in written format and indeed, consent for improvements from a landlord under the ATA 1995 must be in writing in order to be enforceable for the purposes of compensation at the end of the tenancy.
We can provide you with the legal service that you need for the duration of the tenancy, and will highlight management issues that must be dealt with as and when they arise, for the tenant or the landlord.
Tenants of a Farm Business Tenancy are entitled to compensation for their investment in the business when the tenancy comes to an end subject to them obtaining written consent for any improvements when they were carried out. We represent tenants in making such claims against the landlord and if they cannot be agreed deal with any resulting arbitration.
The majority of grazing and mowing licences, agistment agreements and profits a prendre in the past were agreed via a gentleman’s handshake.
In today’s climate however, this can leave the landowner or licensee open to a number of risks with subsidy payments being subject to cross compliance and rules now preventing different persons claiming different payments in relation to one parcel of land.
It is vital that there is a clear and open dialogue between the landowner and licensee and no misunderstanding as to each persons’ legal position in relation to the land. We therefore advise everyone who enters into or provides a short term licence for use of land to have that arrangement put in writing. A simple and short written document can sometimes prevent a lengthy and costly dispute.
- Sean Boucher
- Director & Head of Lifetime Planning - West Wales
- Rhys Evans
- Director & Head of Rural Practice
- Kieren Palfrey
- Associate Solicitor - Agricultural & Property Litigation
- Adam Dicks
- Legal Assistant - Agricultural & Property Litigation
- Malcolm Thomas
- Rural Client Manager - Rural Practice
- 07837 109 599
- Sally Milliner
- Senior Associate Solicitor - Agricultural & Property Litigation
- Emily Wellington
- Trainee Solicitor - Agricultural & Property Litigation