Agricultural lease: private grazing or non-agricultural business use
This lease has been drawn primarily for the purpose of allowing private individuals to use fields (perhaps with buildings on them) for grazing or keeping animals. It is flexible so that it can be used to let rural land for other purposes, such as recreational riding, a camp site business, or a sports field. The document contains specific provisions to ensure that the land is well maintained by the tenant.
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About this document
This is a lease agreement for agricultural land (one or more fields, perhaps with buildings or shelters) to be used for personal use or non-agricultural business use for up to 7 years.
We presume that the most common use of this document will be for medium term private grazing such as by a neighbour who requires more space for a livery business). However, it is just as suitable for any other non-agricultural business use, such as for a camp site, a sports field, a clay pigeon shooting centre or a safari park.
The law relating to this document
This agreement creates a lease under the Landlord and Tenant Act 1954 with account also taken of:
- The Landlord and Tenant (Covenants) Act 1995
- The Regulatory Reform Regulations 2003
In balancing the codes with the law and the interest of the landlord, we have followed the codes where reasonable, but favoured the landlord where there may be a difference.
Land law is complicated, having been designed to protect tenants dependent on living from the land from land owners who otherwise would have power to dictate terms of occupation.
Using the wrong type of document has implications for a landlord on what a tenant may do on the land and the ease with which a contract can be ended. In disputes, the law is more likely to be applied to the circumstances of occupation rather than the title of the legal document.
This document is likely to be suitable if:
- the term of the tenancy is between 6 months and 7 years
- the landlord is happy to give the tenant advance notice before accessing the property or ending the tenancy
- responsibility for maintenance and upkeep lies with the tenant
- the tenant is not a farmer or anyone who will grow crops or breed animals with a view to sale
This agreement should not be used if the tenant will live on the land (say in a caravan) or in a building on the land.
If the arrangement is simply that the ‘tenant’ will use the land for grazing (and not for any other purpose such as recreational riding), a shorter term grazing agreement may be preferable to a lease because it would give the occupier fewer rights.
If the land is used for a specific purpose for a very short period of time, such as to hold a show or or hold a car boot sale, then a licence agreement is more appropriate.
Features and contents
Within the document, the tenant is limited to using the land as set out in the document. This gives the landlord control of what the tenant does, and thus how the property will be looked after.
Additionally, there are extensive positive obligations on the tenant on how the property should be maintained. We presume that if used for grazing, the field being let is of high quality. The obligations we include should help it remain so.
This document is comprehensive and provides alternatives for important choices. It contains 22 provisions and 1 schedule, including:
- The lease
- Rent: amount and frequency, other payments, interest, review
- Condition and repair
- Tenant’s positive obligations
- Restrictions on Tenant
- Agricultural provisions
- Default notice by Landlord
- Assignment of the lease
- Subletting not allowed
- Tenant indemnifies landlord
- Security deposit
- Access for Landlord
- Provision for premature termination
- Security of tenure excluded
- Schedule 1: rights reserved
This document was written by a solicitor for Net Lawman. It complies with current English law.
What other customers thought
Average customer rating
By Paula Tennant 04 April 2017
I have found the Private Grazing or Non-Agricultural Business Use Lease extremely useful. It has saved a lot of money on the cost of a solicitor. We only needed a very basic lease as we rent out a field at the bottom of our garden for £100 per year to a local farmer. This was perfect and the service is very efficient.
By Michael Ormian 11 September 2015
A comprehensive document with useful notes. As a template it offered opportunities to remove or expand on the content.
Has allowed the creation of a simple document but gives us non-legal people a good degree of confidence.
I would certainly recommend your service for speed and efficiency.
By Michael Kitching 20 March 2015
The document covers everything needed for us to let our field for grazing sheep and we can easily remove the parts not needed,but will keep them for future reference.The cost is reasonable compared to what a solicitor would have charged.
By Robert Harris 08 July 2014
Just what I needed.Very easy to edit to suit my requirements.
By Robert Harding 21 March 2014
The service was fast and efficient.The language used is easy to understand which is important for tenants especially.They were able to understand the terms of the lease easily thereby completing quickly.The editing information was very helpful and I would recommend the package.
By Jeremy Lawson 11 March 2014
Very pleased with the clear and helpful way your document is set out, would definitely recommend your services.
By Joseph Orsi 04 January 2014
An excellent document drafted in clear English with good and comprehensive accompanying notes. Highly recommended.
By Francine Bailey 16 August 2013
I was very pleased with my decision to purchase this document. It is easy to understand, the notes are clear and it covers everything I required
By Jane Hubert 03 September 2016
Explanations on website helped me to identify what I needed. Guidance notes helpful in the completion of the product. Information easy to obtain.
By Joe Lapena 25 May 2013
As we are a flying club with little legal knowledge, I think the document we bough was very good.
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