We act for both landlords and tenants in all aspects of agricultural tenancies. We provide advice on day-to-day legal issues as well as tenancy succession in the event of death or retirement.
Agricultural tenancies agreed before 1 September 1995 are known as 1986 Act tenancies and are sometimes referred to as Full Agricultural Tenancies. Generally, tenancies granted under the 1986 Act have lifetime security of tenure. Succession rights for 1986 Act tenants
1986 Act tenancies granted before 12 July 1984 carry statutory succession rights, on death or retirement, provided the potential successor meets certain eligibility criteria.
A close relative of the deceased tenant may apply for succession to the tenancy within three months of death. Any such application will suspend a notice to quit. Because two tenancies by succession can be granted, it’s possible for a tenant's family to work the holding for three generations.
Tenants may also be entitled to compensation for making certain long-term or short-term improvements to the land, buildings or associated equipment. Tenant rights cover the husbandry costs incurred in the growing of seeds and disturbance of cultivation when a landlord terminates the tenancy. The amount of compensation is measured by the increase in value to the holding made by the improvements. The landlord may claim compensation for failure by the Tenant to carry out repairs.
© Bartletts Solicitors Limited 2021 - Offices in England and Wales