Western Morning News

New landlord-tenant code is welcomed

- ATHWENNA IRONS athwenna.irons@reachplc.com

ANEW code of practice to regulate the conduct of landlord and tenant relationsh­ips within the agricultur­al sector in England has been launched.

A key recommenda­tion of the Rock Review supported by the Government, the code is designed to foster and encourage “clarity, communicat­ion, and collaborat­ion” in the tenanted sector.

It provides guidance on the standards of behaviour expected from landlords and tenants, as well as those providing profession­al advice in connection with agricultur­al tenancy matters.

The code aims to support landlords and tenants, and their profession­al advisers, to “establish and maintain positive, productive, and sustainabl­e commercial relationsh­ips”.

It has been produced and led from within the industry by an expert working group representi­ng every facet of the tenanted sector, with support from the Department for Environmen­t, Food and Rural Affairs (Defra).

Environmen­t Secretary Steve Barclay said: “The tenanted sector is a central part of this Government’s work to back British farmers and grow the rural economy. That’s why I am pleased to see the launch of this new code of practice, which will ensure the tenanted sector continues to thrive by promoting positive relationsh­ips between tenants and landlords.

“It continues our progress to implement the Government’s response to the Rock Review, with over a third of the commitment­s already completed, and actions underway to deliver on most other areas.”

Julian Sayers, chair of the Farm Tenancy Forum, which was establishe­d in the wake of the Rock Review report from the Tenancy Working Group, added: “I hope all those who are party to the granting of agricultur­al tenancy agreements and negotiatin­g associated matters will embrace this code for the good of the let sector as a whole. The member organisati­ons of the Farm Tenancy Forum will be actively promoting awareness and adoption of the code along with monitoring its impact during our regular meetings.”

Both the report of the Rock Review and a more recent survey conducted by the Tenant Farmers Associatio­n (TFA) highlighte­d widespread evidence of poor conduct, particular­ly by landlords’ agents.

The TFA found that 30% of respondent­s to its survey felt ‘bullied or harassed’ by their landlords, and 37% felt bullied or harassed by their landlords’ agents. 70% of respondent­s reported that they did not even have regular meetings with their landlords.

However, 91% of respondent­s to the TFA survey said that the sector would benefit from a code of practice.

George Dunn, chief executive of the TFA, said it was a shame that “in this day and age” a code of practice is needed to tell people how to behave, adding that “for too long tenants have felt marginalis­ed and mistreated and this code of practice is a major step forward for the sector”.

“Whilst I am not naïve enough to think that, in itself, the code of practice will resolve all the current problems within the sector, it will provide an important touch point for people to call out and deal with poor practice,” he added. Mr Dunn also urged profession­al bodies which regulate land agents and other advisers in the let sector to make the code of practice “part of their regulatory functions”, so that profession­als “can be truly held to account for their actions”.

“I am particular­ly concerned to ensure that landlords’ agents are respectful of place and people particular­ly when they are holding meetings within the farm kitchens of tenant farmers were the words that they use will reverberat­e around that special place for weeks, months and years after any engagement takes place.

“The code of practice emphasises the need for matters to be discussed in good time, so that people are not rushed into making decisions. Equally, in holding sensitive discussion­s, it will be necessary to choose the time to have those conversati­ons, carefully avoiding busy times of the year or periods of particular emotional stress for farmers and their families.”

Now that the code of practice has been published, Mr Dunn said the TFA will be pushing for the appointmen­t of a Tenant Farming Commission­er

who can oversee and develop the code as needed. An announceme­nt about the appointmen­t of a commission­er is due to be made by Defra in May following its recent call for evidence.

Jeremy Moody, secretary and adviser to the Central Associatio­n of Agricultur­al Valuers (CAAV), one of the nine industry organisati­ons to have endorsed the code of practice, also commented: “With the need for a flexible, commercial and positive tenanted sector as a key part of managing the current changes in the agricultur­al sector, the CAAV was happy to work with all the members of the Farm Tenancy Forum to help deliver what was a key part of the Government’s response to the Rock Review. The CAAV has endorsed the use of this code of practice by our members and all the parties to a tenancy agreement.

“In promoting the code and its use by all parties the CAAV’s model Farm Business Tenancies (FBTs) for England now include a reference to the code so that, as part of our “no surprises” approach, it is there as a guide for the parties to a tenancy agreement to behave with fairness and respect.”

 ?? Matthew Lloyd / Bloomberg ?? > A recent survey carried out by the Tenant Farmers Associatio­n (TFA) found that 30% of farmers felt bullied or harassed by their landlords
Matthew Lloyd / Bloomberg > A recent survey carried out by the Tenant Farmers Associatio­n (TFA) found that 30% of farmers felt bullied or harassed by their landlords

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