Farmhouse

Landlord and Tenant

Our agricultural land and tenant expertise is unrivalled.  We are nationally renowned as leaders in our field. 

The definitive textbook on agricultural landlord and tenant, Scammell, Densham & Williams' Law of Agricultural Holdings was edited by our Head of Agriculture, Peter Williams, with contributions from fellow partners Vivienne Williams and Ben Sharples.  We are at the cutting edge of this practice area. 

We advise on all agricultural tenancy issues relating to the Agricultural Holdings Act 1986, the Agricultural Tenancies Act 1995 and residential landlord and tenancy issues arising from farm cottages.  Our practice includes drafting tenancy documents, surrenders and notices and also extends to contentious matters such as succession applications, rent reviews, repairs, entitlements and the enforceability of covenants.

We specialise in agricultural arbitrations, expert determination and applications to the First-Tier Tribunal (Property Chamber) and, in Wales, the Agricultural Land Tribunal.

We advise on:

  • Forfeiture;
  • Rent review;
  • Succession;
  • Repairs;
  • Bringing tenancies to an end including surrender;
  • Enforceability of covenants;
  • Issues concerning the ownership and transfer of entitlements;
  • Reservation of sporting rights;
  • Agricultural arbitrations;
  • First-Tier Tribunal (Property Chamber) Agricultural Land and Drainage applications;
  • Drafting Farm Business Tenancies and succession tenancies;
  • Drafting Deeds of Assignment, Surrender and other tenancy documents; and
  • Farm Cottages

Recent experience

  • Acting on agricultural arbitrations arising from the service of notices under the Agricultural Holdings Act 1986 by the landlord seeking to resume possession of the holding for non agricultural use;
  • Advising in relation to the service of notices on a tenant of an Agricultural Holdings Act 1986 tenancy for breaches of covenant;
  • Advising a landowner in relation to the forfeiture of a long term farm business tenancy in the context of animal cruelty by the tenant;
  • Downs v Kingsbridge Pension Fund Trustees [2013] (First-tier Tribunal (Property Chamber)) – succession to an Agricultural Holdings Act 1986 tenancy;
  • Davies v AHP Land Limited [2014] (High Court) – appeal against an arbitrator's award in respect of an Agricultural Holdings Act 1986 tenancy;
  • Compton Beauchamp Estates Limited v Spence [2013] EWHC 1101 (Ch) – challenging an arbitrator's reasoning for an award under the Arbitration Act 1996.