Rose Vale Rural acts for both landlords and tenants, providing practical and commercially focused advice to clients across the region.
From one off lettings (on or off market), to managed tenancies, or ad-hoc advice on aspects of agricultural tenancy law, we can help. There are different procedures and provisions in Farm Business Tenancy (FBT) agreements to the older Agricultural Holdings Act (AHA) tenancies, which we are well versed with.
Our practical knowledge and experience, alongside recent market evidence helps us take a balanced view when it comes to supporting or defending various procedures, such as rent reviews or end of tenancy matters. Where disputes do arise, we have appropriate expertise and a strong track record, only using the arbitration process to reach favourable settlements where necessary.
We also work closely with a number of solicitors in the region to support and bolster any disputes in a variety of contentious matters.
Answers to your real estate questions and concerns.
A tenancy grants the Tenant exclusive possession of the land for the duration of the Term of the tenancy. A Grazing Licence permits an individual (the Licensee) to enter the landowner’s (Licensor) land for the purpose of grazing or mowing grass only. Grazing Licences are typically issued for short periods, usually covering the grazing season from April to October, in exchange for a Licence Fee. The Licensor is often the farmer who remains responsible for growing the crop of grass, cutting the hedges and maintaining any permeant stock fencing, simply granting the Licensee to have access onto the land to graze or mow the crop of grass. By contrast, most agricultural tenancies created after 1 September 1995 are generally considered a Farm Business Tenancy (FBT), governed by the Agricultural Tenancy Act 1995 (ATA 1995). An FBT is granted by the landowner (Landlord) to an individual or entity (Tenant) offering exclusive use of the land for commercial agricultural purposes. FBTs granted for a Term of two years or less will end with effluxion of time whereas those granted for a period more than two years, will need to be terminated by either party using formal notice provisions.
In a farm business tenancy, it can be important to distinguish between fixtures and improvements, as this affects ownership, responsibility, and potential compensation at the end of the tenancy. Clear provisions at the stage of drafting a tenancy are essential. Fixtures are items that have become part of the land or buildings. This usually includes anything permanently attached, such as permanent fencing, gates set in concrete, milking parlour equipment bolted in place, or buildings themselves. As a general rule, fixtures installed by the Tenant belong to the Tenant. At the end of the tenancy, there are provisions for Tenant to offer their fixtures to the Landlord and agree their value. If they do not reach agreement, the Tenant can remove their fixtures and reinstate. If the Tenant seeks Landlord’s consent, or the Landlord offers implied consent, to treat any fixtures as a Tenant’s Improvement, then at the end of the tenancy that item becomes the Landlord’s. The Landlord must compensate the Tenant for such item(s) and there are provisions that valuer’s should follow. There are also a number of tenant’s improvements that do not required Landlord’s consent, which should also be compensated at the end of a tenancy. Again, agents and valuers should follow relevant statutory provisions.
A Schedule of Condition is a formal record, often supported by photographs, that documents the state of a property at the commencement of a lease. Its primary purpose is to establish a clear baseline for both Landlord and Tenant to refer to if necessary during or at the end of the tenancy.