Agricultural tenancies

Produced by a Tolley Trusts and Inheritance Tax expert

Trusts and Inheritance Tax

Guidance

Land subject to an agricultural tenancy may qualify for agricultural property relief (APR) for the landlord. However, the extent of the relief and the qualifying conditions for tenanted land differ in some respects from land which is farmed ‘in-hand’. ‘In-hand’ farming is the activity of the landowners farming the land themselves. The differences relate to:

•
the rate of relief
•
the qualifying ownership period
•
the availability of business property relief (BPR)
•
the availability of APR on the farmhouse

The rate of relief

Types of tenancies

Prior to September 1995, farm tenants were granted security of tenure under the Agricultural Holdings Act 1986 (AHA). All AHA tenancies, as a general rule, continue in force from year to year, unless voluntarily surrendered or terminated by a valid notice to quit. Twelve months’ notice is required and the tenant has one month in which to serve a counter-notice. In such circumstances, the issue is adjudicated by the Agricultural Land Tribunal, which in theory, can grant possession to the landlord in the interests of good husbandry,

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