About these documents:
PR071, PR072 and PR971 comply with the 2006 Agricultural Tenancies Order. Here is the Net Lawman free information page explaining about the Act. Here is the Act itself.
PR071 is a full agreement suitable for a letting of a farm or holding or an area of land for two years or more.
- flexible rent review provisions
- flexible arbitration choices
- flexible notices to quit
PR072 is suitable only for a term of less that two years. The distinction will be clear if you read our free information page on the Agricultural Tenancies Act.
- flexible rent review provisions
- flexible arbitration choices
- flexible notices to quit
PR971 - This is the same document as PR071, yet it caters for Prescribed Lease Clauses (PLCs). If your lease is for seven years or more, choose PR971.
- flexible rent review provisions
- flexible arbitration choices
- flexible notices to quit
The Act lay down very specific qualifying criteria. If they are not met, our advice is that any tenancy created will fall to be regulated by the Landlord and Tenant Act 1954. The main possible areas of difficulty will be those which the agreement has not covered - because it was never intended to be a lease under the 1954 Act. Problems might arise in connection with: rent review; notices to quit; occupation of the farm house, and others. You should therefore take great care before signing the agreement. Net Lawman will be happy to advise, but cannot (by law) draft your document.
These agreements are suitable for any farm business tenancy (as defined in the Act). They are not suitable for a lease of rural buildings for non-agricultural use, such as tractor repair or feed merchanting. They are suitable for rural buildings used for pig breeding or mushroom growing. The qualification criteria concern the use, not the building nor the location. For details, see our free information page.
Note: non-agricultural business activities will not disqualify a holding where "the character of the tenancy is primarily agricultural".
PR071 includes optional provision for the following matters. PR072 contains a more limited number of provisions, required for a short let:
- Guarantor: essential if tenant is a limited company;
- details of tenancy;
- exclutions of mining sporting and other rights;
- rent and when paid;
- rent review;
- repairs and maintenance of land and buildings;
- Tenant's covenenants: a menu of 30 items where by the landlord may wish to restrict or oblige the tenant;
- "routine husbandry";
- tenant's fixtures;
- milk quota;
- Insurance: landlord insures, tenant reimburses premium as insurance rent;
- Transfer of lease: tenant can transfer all premises with consent; no transfer of part only;
- and other usual provisions to protect your interest;