Plea to extend farm changes to every tenant

Reforms welcomed but worries remain

CHANGES TO the laws around tenant farms in England have been welcomed by leaders in the agricultural industry, although they warned the overhaul fails to create a level playing field for all.

New plans released by the Government in response to a 12-week consultation carried out last year, will see amendments to the Agricultural Holdings Act (AHA).

The Department for Environment, Food and Rural Affairs (Defra) said the changes would make it “fit for purpose in the 21st century”.

These changes include repealing the minimum succession retirement age, currently 65, so tenants can decide when it is right for them to retire and hand over the farm to the next generation.

A new dispute mechanism is also being introduced which will allow AHA tenants to ask for restrictions in their tenancy agreements to be varied. This, in turn, will make it easier for them to apply for schemes including the new Environmental Land Management scheme (ELMS).

The new scheme, which is being phased in over the next seven years will replace the EU subsidy system and reward farmers for measures which improve the environment, such as air and soil and water quality.

Farming Minister Victoria Prentis said tackling barriers to productivity for tenant farmers was “vital” for unlocking the potential of the farming industry as a whole

“We know our tenant farmers

are some of the most engaged and innovative in the sector and it is high time that we modernise outdated legislation so that it is fit for today’s farmers and their families,” she said.

Some of the changes have already been incorporated into the new Agriculture Bill which is currently

George Dunn, chief executive of the Tenant Farmer Association (TFA). working its way through the House of Commons.

However, George Dunn, chief executive of the Tenant Farmer Association (TFA), said that while the organisation was pleased to see, “at last” the detailed analysis of the tenancy reform consultation carried out in the summer of last year and Defra’s response to it, there was concern over the provision for tenants under the 1995 Agricultural Tenancies Act.

He said: “Whilst we welcome the new provisions which will allow a tenant the ability to object to a refusal from the landlord for consent to enter into a scheme introduced under the financial assistance provisions of the Bill or to carry out works in accordance with a statutory obligation, currently this only applies to tenancies regulated by the Agricultural Holdings Act 1986. These provisions must be extended to tenancies regulated by the Agricultural Tenancies Act 1995 – FBTs.

“We were disappointed the Government rejected amendments to the Bill which would have corrected for this and now leaves many tenants vulnerable to being disenfranchised from the new financial assistance arrangements.”

Mr Dunn said the Minister had responded in committee by suggesting evidence from the consultation did not support the extension of provision to include the 1995 Act, but claimed this specific provision was not considered within the consultation.

“It will be a significant failure if the Bill does not provide the same level of protection to tenants under the 1995 Act as to tenants under the 1986 Act,” he said.

We were disappointed the Government rejected amendments to the Bill