The Agricultural Holdings Act - Key Considerations for Advisers

Introduction

The policy behind the introduction of Farm Business Tenancies in 1995 was to phase out tenancies subject to the Agricultural Holdings Act 1986.

However, the AHA 1986 remains a very significant influence in the farm tenanted sector, and without a sound knowledge of its provisions, a legal adviser will inevitably find that their ability to advise their farm and estate clients robustly is compromised.

The fact that the recent Agriculture Act 2020 made important changes to the AHA legislation shows the importance that the Government attaches to these tenancies.

This webinar will look carefully at some of the issues that arise when advising clients, and will also alert you to situations where AHA tenancies may have arisen - or may not have arisen - despite appearances.

What You Will Learn

This webinar will cover the following:

• AHA tenancies
• How to tell whether an AHA tenancy exists
• What to do about an oral AHA tenancy - as landlord and as tenant
• Reforms under the Agriculture Act 2020 - their implications:
• For natural capital schemes
• For succession applications
• User clauses - with attention to ‘agriculture only’
• Typical pinch points
• When to apply for succession
• Partnerships and AHA tenancies:
• How are AHA tenancies formed in a partnership context?
• Do they affect ownership of the farm?
• Should they go into land capital accounts?
• Case B notices:
• Recent caselaw
• Non-agricultural use and natural capital schemes
• Severing the reversion?

This webinar was recorded on 21st August 2023