Agricultural tenancies—repair, maintenance and insurance obligations
Agricultural tenancies—repair, maintenance and insurance obligations

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Agricultural tenancies—repair, maintenance and insurance obligations
  • Agricultural Holdings Act 1986
  • Agricultural Tenancies Act 1995

Agricultural Holdings Act 1986

Where a tenancy agreement is governed by the Agricultural Holdings Act 1986, the obligations of the landlord and the tenant in relation to the repair, maintenance and insurance of ‘fixed equipment’ (which includes buildings) will be dealt with:

  1. in accordance with the terms of the tenancy agreement, or

  2. (to the extent that the tenancy agreement is silent) in accordance with the terms of the ‘model clauses’ contained in:

    1. with effect from 1 October 2015 where the property is in England, the Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015, SI 2015/950 (AMCFEER 2015)

    2. with effect from 1 November 2019 where the property is in Wales, the Agriculture (Model Clauses for Fixed Equipment) (Wales) Regulations 2019, SI 2019/1279 (AMCFEWR 2019)

    in each case replacing (from their respective commencement dates) the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973, SI 1973/1473 (AMRIFER 1973).

In practice, written tenancy agreements often expressly incorporate the model clauses in the form current at the date of the agreement.

AMCFEER 2015 and AMCFEWR 2019 (which are in nearly identical terms) allocate responsibility for maintaining, repairing and insuring fixed equipment between the landlord and the tenant. A number of items, which were previously the responsibility of the tenant under AMRIFER 1973, are now the responsibility of the landlord as a result of the