Agricultural Landlord and Tenant
CERTUS can assist landowners and tenants with the preparation of certain land occupation agreements including Licenses, Grazing Agreements and Limited Duration Tenancies. We also have a strong network of tax advisers and agricultural solicitors who can provide additional invaluable support to our clients in the area of landlord and tenant.
A great deal of confusion can reign in relation to agricultural leases and care should be taken when negotiating in this area.
For example, in instances where land has been occupied for agricultural purposes but there is no written agreement regulating the terms of the occupation, the parties need to establish whether or not an unwritten agricultural lease has been created and if a lease has been created, what type of agricultural lease it is. The tests associated with this are technical and easily misinterpreted.
In cases where tenanted land is to be sold for redevelopment, particularly for residential purposes, this can result in tension between landlord and tenant. Dependent on where the land is in Scotland, residential development value can equate to hundreds of times existing agricultural value. That can lead to difficult negotiations, largely centring on the landlord’s need to sell to a developer with guaranteed vacant possession, and the tenant’s desire to benefit from a share of the enhanced land value.
No matter what the challenges being faced by landlord or tenant, CERTUS can assess the situation and provide advice on the way forward.
Contact us for a confidential discussion regarding your situation and see what we can do to help.