Jeremy's Blog 24th November 2023: DEFRA Call for Evidence on Conduct in the Let Sector
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 23rd November 2023
The let sector covers a third of England’s farmland, still with many 1986 Act tenancies but more than half on FBTs, and still large areas of Wales and Scotland. In addition to that scale, it provides a critical means of flexibility in farm structures, entry, expansion and exit from farming, relieving owners of the need to farm and enabling farmers to have the use of land without having to buy it. Its future is important with the answers it enables for the coming years of change.
DEFRA summarised its themes for England’s agricultural tenancy sector in its response this May to last year’s report to it by the Rock Review into Tenant Farming. DEFRA said:
“our focus has been on:
- supporting and encouraging collaborative relationships between landlords and tenants
- helping rural communities thrive through flexible tenancy lengths that benefit both landlord and tenant
- giving tenants and landlords confidence in government policies so they can plan through the agricultural transition.”
On that first theme of encouraging positive and practical relationships with issues of attitude, conduct and behaviour for all parties, DEFRA then said:
“create a regulatory environment which supports landlords and tenants working together towards mutual benefits - encouraging land into the let sector. At the same time, we want to make sure that tenants are protected from abuse and poor service.”
In taking that theme forward, DEFRA has now asked the CAAV and other representative bodies – together with a few named individuals - to engage with members to for views with evidence on:
- any issues of behaviour of tenants, landlords and agents in the agricultural let sector
- how good behaviour could be encouraged, including:
- the use of a Code of Practice for the behaviour of all parties – tenants, landlords, advisers and agents - now being prepared
- the complaints procedures of the various professional bodies
- means of dispute resolution, including the default procedure of arbitration as well as mediation and expert determination
- whether there is a case for a Tenant Farming Commissioner in England and, if there were to be one, what might be the roles of such a post.
This is a DEFRA Call for Evidence conducted through the CAAV and other invited organisations. DEFRA has said that it will only consider responses submitted through its consultees, not those submitted independently. Members are asked to send views and evidence on these issues to jeremy@caav.org.uk by December 21st.
To assist this, the CAAV has already sent a summary discussion paper out to members through the local association secretaries with questions seeking members’ responses. It can be found on the CAAV website note of 23rd November 2023.
The CAAV is also sending out the survey forms for this year’s annual Agricultural Land Occupation Survey, held annually since the late 1970s. The report on last year’s Survey can be seen here, reviewing how the tenanted sector is evolving. This Survey is the principal source of data and analysis informing all these discussions. This year we are seeking more detail on the intended uses of land where a tenancy ends but which is not re-let. All members are urged to ensure as full a return as possible on lettings and related decisions in the last twelve months.