Agricultural Precedents Handbook 3rd edition

Authors: Nigel Davis, Graham Smith and Angela Sydenham

Publisher: LexisNexis

Format: Hardback + CD

Publication date: December 2018

Price: £124 + VAT

Features

Agricultural Precedents Handbook is a specialist publication providing those advising farmers and other members of the rural community with a comprehensive collection of time-saving and reliable precedents, accompanied by a very useful commentary.

The precedents range from those dealing with the acquisition and sale of agricultural property to tenancies governed by the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995, residential tenancies, grazing agreements, alternative land uses, livery arrangements for horses, shooting leases, partnership agreements and contract and share farming arrangements.

Agricultural Precedents Handbook is written by leading practitioners in this area and offers a library of precedents in twelve separate chapters, covering many of the types of transactions that are likely to be met in day to day practice.

A CD-ROM accompanying the book contains all of the precedents allowing users to download and adapt each document as necessary. There are over 100 precedents in the revised edition.

The new edition has been thoroughly revised and updated to take into account major developments in the law since the last edition in 2009, including the introduction of the Basic Payment Scheme and consideration of and suggestions regarding the situation leading up to and then post Brexit, with appropriate suggested wording for new documentation, changes to the model clauses regulations under the Agricultural Holdings Act 1986 as well as the tenancy succession application regime following the replacement of the Agricultural Land Tribunal by the First-tier Tribunal, and changes to the Agricultural Tenancies Act 1995.

In addition to the new precedents in this third edition, the latest forms required for succession applications on retirement and death in the First-tier Tribunal are included as well as updated tenancy agreements, forms of notice, and other documents all of which incorporate reference to current statutes as well as, where appropriate, endeavouring to deal with the anticipated post-Brexit situation.

Reviews

“I am quite sure that it will become a very good friend to many practitioners … an extremely useful book” Solicitors Journal

“provides a unique library of materials which will assist those who do understand, at the same time providing guidance notes for the less experienced … the materials are clear, well-drawn and, above all, thorough” ALA Bulletin

Contents

Basic Payment Scheme and the future of subsidy
Sale and Acquisition of Agricultural Land
Tenancies under the Agricultural Holdings Act 1986
Tenancies Under the Agricultural Tenancies Act 1995
Occupation of Farm Buildings
Residential Tenancies
Grazing Agreements
Alternative Land Uses
Sporting Rights
Horses
Partnerships and Joint Ventures
Common Land and Rights of Common

Author information

Nigel Davis, Consultant, The Rural Law Practice

Graham Smith, Partner, Roythornes

Angela Sydenham former consultant at Birketts Solicitors LLP

Complete list of precedents (2nd edition)

Chapter 1: Single Payment Scheme

1.1 Sale of entitlements (without land)

1.2 Deed of variation

Chapter 2: Sale and Acquisition of Agricultural Land

2.1 Enquiries before contract

2.1.1 Agricultural – general enquiries (long form)

2.1.2 Agricultural – general enquiries (purchase of bare land with vacant possession)

2.1.3 Agricultural – supplemental to commercial property enquiries (purchase of bare land)

2.2 Agreement for sale and purchase (long form)

2.3 Single Payment Scheme contract clauses

2.3.1 Sale of land with entitlements

2.3.2 Sale of land without entitlements

Chapter 3: Tenancies under the Agricultural Holdings Act 1986

3.1 Tenancies under the Agricultural Holdings Act 1986 (‘AHA 1986’)

3.1.1 Succession tenancy agreement

3.1.2 Succession tenancy – short form by reference

3.1.3 Assignment of tenancy

3.1.4 Assignment of oral tenancy

3.1.5 Agreement recording terms of tenancy

3.1.6 Deed of variation

3.1.7 Surrender agreement

3.1.8 Deed of surrender

3.1.9 Agreement to surrender where part of holding has been sub-let

3.1.10 Deed of surrender

3.2 Notice pursuant to AHA 1986, section 6 being a request to enter into a written tenancy agreement

3.3 Notice under LTA 1987, section 48

3.4 Permission to erect fixture under AHA 1986, section 10

3.5 Demand for arbitration of rent under AHA 1986, section 12

3.6 Memorandum of rent review

3.7 Memorandum of rent increase after landlord’s improvement

3.8 Landlord’s consent to tenant’s improvement

3.9 Notice of intention to claim compensation under AHA 1986, section 72

3.10 Notice of intention to claim compensation on termination of tenancy pursuant to AHA 1986, section 83

3.11 Notice of intention to re-enter or forfeit

3.12 Notice to quit to personal representatives

3.13 Notice to tenant to pay rent due in the prescribed form under SI 1987/711

3.14 Notice to tenant to remedy breach of tenancy by doing work of repair maintenance or replacement

3.15 Notice to tenant to remedy breach of tenancy (not being a notice requiring the doing of any work for repair, maintenance or replacement)

3.16 Suggested designation for inclusion in a will

3.17 Application for direction giving entitlement to a tenancy

3.18 Notification of the application to the landlord

3.19 Reply to application for direction giving entitlement to tenancy

3.20 Application for direction giving entitlement to tenancy (retirement)

3.21 Notice to landlord

Chapter 4: Tenancies Under the Agricultural Tenancies Act 1995

4.1 Landlord’s notice complying with notice condition

4.2 Tenant’s notice complying with notice condition

4.3 Farm business tenancy (long form)

4.4 Farm business tenancy (short form)

4.5 Farm business tenancy specifying entitlements compensation for tenant at valuation

4.6 Farm Business Tenancy Letting with Entitlements

4.7 Farm business tenancy letting with transfer of entitlements and transfer back

4.8 Letting without entitlements

4.9 Letting specifying entitlements

4.10 Notice to terminate fixed term tenancy of over 2 years

4.11 Landlord’s notice to terminate periodic tenancy

4.12 Tenant’s notice to terminate periodic tenancy

4.13 Notice exercising option to terminate tenancy or part of tenancy over 2 years

4.14 Tenant’s notice demanding statutory review of rent

4.15 Landlord’s notice demanding statutory review of rent

4.16 Notice of proposal to appoint an arbitrator

4.17 Notice of reference of dispute to a third party

Chapter 5: Occupation of Farm Buildings

5.1 Lease of farm buildings

5.2 Licence for storage

Chapter 6: Residential Tenancies

6.1 Assured shorthold tenancy

6.2 Tenant’s notice proposing change from assured tenancy to assured shorthold tenancy

6.3 Landlord’s notice proposing assured shorthold tenancy

6.4 Landlord’s letter proposing rent increase

6.5 Notice proposing different terms for statutory periodic tenancy

6.6 Application referring a notice proposing different terms for statutory periodic tenancy to rent assessment committee

6.7 Notice seeking possession of property let on assured tenancy/assured agricultural occupancy

6.8 Landlord’s notice proposing new rent under assured periodic tenancy

6.9 Landlord’s or licensor’s notice proposing a new rent or licence fees under an assured agricultural occupancy

Chapter 7: Grazing Agreements

7.1 Deed of profit à prendre

7.2 Grazing agreement (licence)

7.3 Tack/agistment agreement for livestock to be taken in for feeding

7.4 Grazing agreement (tenancy) – non-business

Chapter 8: Alternative Land Uses

8.1 Metal detecting licence

8.2 Film contract

8.3 Permissive path agreement

8.4 Statement and declaration for purposes of s 31(6) of the Highways Act 1980, as amended by the Countryside and Rights of Way Act 2000

8.5 Agreement for deposit of archives with County Records Office

Chapter 9: Sporting Rights

9.1 Sporting rights – long-term agreement

Chapter 10: Milk Quota

10.1 Supplemental deed apportioning milk quota between tenanted and owned holdings

10.2 Deed regulating ownership of quota between the Landlord, Tenant and Producer

10.3 Declaration of trust

Chapter 11: Horses

11.1 Grazing agreement (licence)

11.2 Grazing agreement (alternative form)

11.3 Livery agreement – DIY

11.4 Livery agreement – landowner dealing with feeding and exercising of horses

11.5 Livery agreement (shorter form)

Chapter 12: Partnerships, Contracting Agreements and Share Farming

12.1 Family partnership agreement

12.2 Declaration of trust

12.3 Deed of dissolution

12.4 Joint venture partnership agreement

12.5 LLP agreement between partnerships

12.6 Agreement for joint ownership of sugar beet harvester

12.7 Contracting agreement

12.8 Livestock share farming agreement

12.9 Arable share farming agreement