Farm business tenancy (lease) agreement (full form); under Agricultural Tenancies Act 1995; under 7 years; rent review; milk quota.
How and when to use this document
This lease is intended for a term of under seven years, with rent review and break clause. Full menu of 31 options to empower or restrict tenant.
Note: non-agricultural business activities will not disqualify a holding where "the character of the tenancy is primarily agricultural".
It is not suitable for a lease of rural buildings for non-agricultural use, such as tractor repair or feed merchanting. For such uses, use a business lease. It is however, suitable for rural buildings used for pig breeding or mushroom growing. The qualification criteria concern the use, not the building nor the location.
Why under 7 years? A lease for seven years or more requires compliance with the Prescribed Lease Clauses and registration with the Land Registry. If you wish to let for over seven years, choose that version.
This farm tenancy agreement complies with the 1995 act and the 2006 Agricultural Tenancies Order. The Act lays down very specific qualifying criteria. If they are not met, a tenancy will fall to be regulated by the Landlord and Tenant Act 1954. Problems might arise in connection with:
rent review; notices to quit; occupation of the farm house, and others.
Main Contents
Guarantor: essential, particularly if tenant is a limited company
The tenancy
Rent and other payments
Exclusions for sporting activities
Repairs and maintenance of land and buildings
Tenant's covenants: a menu of 32 items
Rent review
Tenant may assign with consent
Insurance: landlord insures, tenant reimburses premium as insurance rent
No compensation for tenant's fixtures
Milk quota not transferred
Transfer of lease: tenant can transfer all premises with consent no transfer of part only
Draftsman
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