Q&As
Where there are no rent review provisions provided in a long lease of farmland (50 years), are there default statutory rent review provisions whereby the landlord could require a rent review?
It is assumed for the purposes of this Q&A that the 50-year term still has a substantial period to run.
What type of farmland tenancy?
The starting point is to identify which statute applies to the tenancy in question. For many years, there have been specific statutory regimes for agricultural tenancies that apply instead of the provisions applicable to most business tenancies—see the exclusions at section 43 of the Landlord and Tenant Act 1954 (LTA 1954). The key statutes are the Agricultural Holdings Act 1986 (AHA 1986) and the Agricultural Tenancies Act 1995 (ATA 1995). However, just because a tenancy comprises farmland does not necessarily mean it comes within either of these, although the vast majority of long tenancies of farmland will. It is necessary to check the statutory provisions.
Leaving aside tenancies of farmland which fall outside the specific statutory regimes for agriculture, the main issue
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