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Developing agricultural land: tenant troubles

Tenants pose a perennial problem to landowners who want to develop.

Obtaining possession of agricultural land from a tenant who wants to stay put can be difficult. Landowners should make their plans well in advance if they think that their land may have development potential.

Different considerations will apply for a landowner who wants to obtain possession of tenanted agricultural land, depending on whether the tenancy in question is a farm business tenancy (FBT) under the Agricultural Tenancies Act 1995 or a tenancy under the Agricultural Holdings Act 1986 (AHA) and what the landowner’s actual intentions are.