ABSTRACT

The Agricultural Tenancies Act 1995 provides the framework for new tenancies in England and Wales granted since September 1995, doing so with much greater, but not complete, freedom of contract than allowed by the Agricultural Holdings Act 1986. While this allows the use of any other basis for rent review, the point specifically in mind in 2006 was to facilitate negotiations with an existing 1986 Act tenant about moving to a new FBT. Some, often the more substantial and equipped, FBTs are granted for longer terms over which the initial rent may become inappropriate. More tenancies, initially let for shorter terms, may run on indefinitely under the continuity provisions of s.5 of the Act, so making a rent review process desirable if it is achieved by the larger alternative of terminating and replacing the tenancy. Protects this minimum review cycle where there has been a simple severance of the reversion with an apportionment of the rent.