Landlord and Tenant Advice
Considered advice for landlords and tenants on agricultural, residential and commercial tenancies across the North West.
- Rated 4.9/5 from 30 Google reviews
- Regulated by RICS
- Director is a Fellow of the CAAV
- Fee agreed in writing before any work starts
Who Our Advice Is For
We advise landlords and tenants of farms and land, houses and cottages, and commercial property.
What Our Landlord and Tenant Advice Covers
- agricultural tenancies, including those under the Agricultural Holdings Act 1986 and farm business tenancies under the Agricultural Tenancies Act 1995
- rent reviews
- notices to quit and other statutory notices
- residential and commercial tenancy advice
Farm Business Tenancies and Agricultural Holdings Act Tenancies
Most farm lettings in England fall under one of two Acts. Which Act applies determines the rent review rules, the notice periods and what happens on the death of the tenant.
- Agricultural Holdings Act 1986 (AHA): principally tenancies that began before 1 September 1995. Tenants frequently enjoy lifetime security, and some tenancies carry succession rights.
- Agricultural Tenancies Act 1995 (farm business tenancies): most farm lettings since 1 September 1995. The term is agreed at the outset. A farm business tenancy granted for more than two years requires at least 12 months' written notice to quit.
If you are uncertain which applies, send us the agreement and we will confirm the position.
Rent Reviews on Farm Business Tenancies
Unless the tenancy provides its own review mechanism, the statutory rules under the Agricultural Tenancies Act 1995 apply:
- either party serves a written statutory review notice
- the review date must fall at least 12 months, and less than 24 months, after the notice
- the review date must normally fall at least three years after the tenancy began or the rent last changed
- the rent is the open market rent between a willing landlord and a willing tenant, having regard to the terms of the tenancy
- additional value arising from the tenant's own improvements is usually disregarded
Where the parties cannot agree, the rent may be determined by an arbitrator.
Rent Reviews on Agricultural Holdings Act Tenancies
AHA rents are assessed on a different basis. The rent is that which a prudent and willing landlord and a prudent and willing tenant would agree, having regard to the productive capacity of the holding and its related earning capacity, being the return a competent tenant could expect from farming it.
- the landlord or the tenant serves a written notice demanding a review
- the new rent takes effect from the next termination date following the notice
- the notice lapses unless an arbitrator or third party is appointed, or applied for, before that date
- reviews usually take place no more than once every three years
Succession to Agricultural Holdings Act Tenancies
On the death of an AHA tenant, a close relative may be entitled to succeed to the tenancy.
- the relative must apply to the Tribunal within three months of the death, and this deadline cannot be extended
- the applicant must satisfy eligibility and suitability tests
- many tenancies granted before 12 July 1984 allow up to two successions
Please contact us as soon as possible after a death. Three months passes quickly while a family is attending to everything else.
The Agricultural Landlord and Tenant Code of Practice
England has a voluntary Agricultural Landlord and Tenant Code of Practice. It addresses how rent reviews are conducted, how improvements are agreed and how landlords and tenants approach environmental schemes.
The code is not law. The Commissioner for the Tenant Farming Sector promotes it, and landlords, tenants and their advisers may raise concerns about conduct that falls short of it.
How the Process Works
- Call us and tell us about the tenancy and the circumstances.
- We review the agreement and any notices, and advise you of your position.
- Should you wish us to act on your behalf, we issue written terms and correspond with the other party.
Deadlines for Notices and Rent Reviews
Notices and rent reviews are frequently subject to strict deadlines, so please contact us as soon as you receive one.
Next Step
Call us on 07857 877925 or request a call back. Please have the tenancy agreement and any correspondence or notices to hand.
Common Questions
What is the difference between an AHA tenancy and a farm business tenancy?
Agricultural Holdings Act 1986 tenancies mostly began before 1 September 1995. They frequently give the tenant lifetime security, and some carry succession rights for close relatives. Farm business tenancies under the Agricultural Tenancies Act 1995 cover most farm lettings since that date. Their length and most of their terms are agreed between the parties, with less protection imposed by statute.
How do I start a rent review on a farm business tenancy?
Either party may serve a statutory review notice in writing. The review date must fall at least 12 months, and less than 24 months, after the notice is given. Unless the tenancy provides otherwise, it must also fall at least three years after the tenancy began or the rent last changed. An error in the dates can render the notice invalid.
How is the rent set on a farm business tenancy?
The rent is the amount the holding might reasonably be expected to let for on the open market, between a willing landlord and a willing tenant, having regard to the terms of the tenancy. Additional value arising from the tenant's own improvements is usually disregarded, and the rent cannot be reduced on account of damage or dilapidation the tenant caused or permitted.
How often can the rent on an AHA tenancy be reviewed?
Usually no more than once every three years. The landlord or the tenant serves a written notice demanding a review, and the new rent takes effect from the next termination date following that notice. The notice lapses unless an arbitrator or third party is appointed, or an application for one is made, before that date.
Can a family member take over an AHA tenancy when the tenant dies?
In some cases. A close relative may apply to the Tribunal to succeed to the tenancy, but the application must be made within three months of the death. The applicant must satisfy eligibility and suitability tests. Many tenancies granted before 12 July 1984 allow up to two successions. Advice should be sought immediately, as the deadline cannot be extended.
How much notice ends a farm business tenancy?
For a farm business tenancy granted for more than two years, a notice to quit must be in writing and given at least 12 months before it takes effect, whatever the agreement provides. Shorter tenancies may operate differently, so please review the agreement and speak to us before serving a notice or responding to one.
Is there a code of practice for agricultural landlords and tenants?
Yes. In England, the Agricultural Landlord and Tenant Code of Practice sets out good practice on rent reviews, improvements and environmental schemes. It is not law. The Commissioner for the Tenant Farming Sector promotes the code, and landlords, tenants and their advisers may raise concerns with the Commissioner about conduct that falls short of it.
Do you act for landlords or tenants?
We act for both. We advise landlords and tenants on farm business tenancies, Agricultural Holdings Act tenancies and rent reviews, principally across the North West. Our director, Luke Banks MRICS FAAV, has more than a decade of experience in Land Agency and brings that experience to every instruction.
Reviewed by Luke Banks MRICS FAAV, RICS Registered Valuer, on .
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