Archive - Wednesday, 22 January 2003


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Tenants group studies NVZs

THE Tenant Farmers Association (TFA) is reminding landlords of their duty to their agricultural tenants to help them comply with the statutory restrictions imposed on land newly designated as NVZs.

The widening of the NVZ area will mean that some farms will need to upgrade existing or construct new slurry stores to comply with restrictions on spreading manure.

Grant aid may be available from DEFRA. However, on traditional agricultural tenancies, where the fixed equipment provided by landlords is inadequate, the tenant can apply to the Agricultural Land Tribunal to require the landlord to provide or otherwise repair that fixed equipment.

TFA chief executive George Dunn said: "In the majority of cases it will be possible for the landlord and tenant to agree on joint action and investment to bring the holding up to scratch.

"However tenants must be aware that where landlords are not prepared to pull their weight it is possible, having taken professional advice, to pursue the matter through a tribunal.

"The tenant may also sue the landlord for damages to include the cost associated with his non-compliance with the tribunal

decision."

Mr Dunn said that in order to succeed, the tenant must satisfy the tribunal as follows:

It must be reasonable for the tenant to continue the agricultural activity;

It is clear that without the works the tenant will be in breach of the law

The activity must not change substantially the use of the farm

It is expected the holding will remain a separate unit for some time

The direction is not contrary to good estate management

The landlord has had a reasonable time to carry out the work

The work is not subject to a provision within the contract of tenancy.

"For tenants on farm business tenancies (FBTS) there is no statutory framework for dealing with these matters," said Mr Dunn. "The only recourse is to the contract of tenancy drawn up between the parties. The TFA advises all existing and new tenants on FBTs to examine their agreements closely."

Updated: 11:04 Wednesday, January 22, 2003