Q&As

Is it possible to complete a farm business tenancy on the basis that the term and rent commencement dates pre-date the completion date?

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Published on LexisPSL on 15/02/2017

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  • Is it possible to complete a farm business tenancy on the basis that the term and rent commencement dates pre-date the completion date?

Is it possible to complete a farm business tenancy on the basis that the term and rent commencement dates pre-date the completion date?

It is possible for the term and rent commencement dates to be stated to commence before completion of the farm business tenancy but the term commencement date will be construed to be the date the tenancy is entered into (see Keen v Holland; Roberts v Church Comrs for England).

In Trane (UK) Ltd v Provident Mutual Life Assurance, the court considered the effect of a lease which states a commencement date prior to its execution and set out the following principles:

'(a) The term created

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