Farm Tenancy Rights and Protection in Wales

If you’re renting land or property to farm in Wales, it’s important to know how your tenancy is protected by law. Farm tenancies in Wales have specific legal rules compared to regular private rentals. Understanding your rights helps you to respond confidently if your landlord wants to change your rent, end your tenancy, or if you have concerns about repairs and maintenance. This article explains how farm tenancies are regulated in Wales, steps you can take if you face issues, and where to get further support.

Types of Farm Tenancy in Wales

Welsh farm tenancies are mainly protected by two pieces of legislation, depending on when the tenancy began:

• “Agricultural Holdings Act tenancies” (or AHAs): Created before 1 September 1995
• “Farm Business Tenancies” (or FBTs): Started on or after 1 September 1995

Each type offers different levels of protection. If you're unsure which applies to you, check your written agreement or speak with a legal adviser.

What Legal Protections Do Farm Tenants Have?

The protection you have depends on the tenancy type:

• AHA tenants have strong security, making it difficult for a landlord to end the tenancy without specific legal reasons (called "grounds for possession").
• FBT tenants have less security, but landlords still must give proper notice and follow correct procedures under the Agricultural Tenancies Act 1995.

Most regular housing law in Wales (like the Renting Homes (Wales) Act 2016) does not apply to agricultural tenancies. Instead, specialist legislation covers these agreements¹.

Notice Periods and Ending a Farm Tenancy

Landlords must provide written notice to end most farm tenancies. The notice period and process depend on your agreement and the legislation that covers your tenancy. For example, most FBTs require at least one year's written notice unless otherwise agreed. You may be entitled to compensation if you have improved the holding in certain ways.

Common Issues for Farm Tenants

• Rent Increases: Your landlord can usually review the rent at agreed intervals, but must follow the notice requirements in your tenancy agreement and legislation.
• Eviction: Landlords must follow strict procedures, including serving the correct written notice. Unlawful eviction can be challenged.
• Maintenance: Responsibilities for repairs and building upkeep should be clearly set out in your agreement. If not, they default to statutory rules.

If you’re unsure about anything, always check your written tenancy and, if needed, seek professional advice before responding.

Official Forms and How to Use Them

• Notice to Quit (Form AHA 6 or similar): Used by landlords or tenants who wish to end an AHA tenancy. Must be served in writing and usually gives at least 12 months’ notice.
  For example, if a landlord wants to regain possession, they must send an AHA-compliant written notice to quit. You can find guidance on forms on the official Government Agricultural Tenancies guidance.
• Referral to Agricultural Land Tribunal (ALT): If there is a dispute (for example, over a notice to quit or rent review), you may apply to the Agricultural Land Tribunal in Wales. Application forms are available through the Agricultural Land Tribunal Wales.

Where to Get Help: The Official Tribunal

The Agricultural Land Tribunal Wales (ALT Wales) is the tribunal that handles farm tenancy disputes, including evictions, notices to quit, rent reviews, and compensation claims. You can contact the Tribunal for application forms and information about their process.

Key Legislation for Farm Tenancies

• Agricultural Holdings Act 1986 – applies mainly to pre-1995 tenancies.
• Agricultural Tenancies Act 1995 – applies to newer tenancies (FBTs).

Review your tenancy paperwork to confirm which Act applies to you.

FAQ: Farm Tenancies in Wales

1. Do regular housing laws in Wales protect farm tenants?
   Generally, no. Most farm tenancies are regulated by the Agricultural Holdings Act 1986 or the Agricultural Tenancies Act 1995, not the Renting Homes (Wales) Act 2016.
2. How much notice does my landlord need to give me to end my farm tenancy?
   This depends on your tenancy type. FBTs usually require 12 months’ notice unless your agreement states otherwise. AHA tenancies have their own rules and may require even longer notice.
3. Can I challenge an eviction or a notice to quit?
   Yes, farm tenants can challenge a notice to quit. You must send a formal objection, often within one month, and may need to apply to the Agricultural Land Tribunal Wales.
4. Where can I get official forms for challenging a farm tenancy issue?
   You can find application and guidance forms via the Agricultural Land Tribunal Wales website and through UK Government agricultural tenancies guidance.
5. What happens if my landlord tries to evict me without serving a proper notice?
   If your landlord does not serve the required notice, this could be considered an unlawful eviction. You have rights to challenge this, and advice is available from government and free support services.

Conclusion: Key Takeaways for Welsh Farm Tenants

• Farm tenancies in Wales are protected under special legislation and not general housing law.
• Your rights depend on whether you have an older AHA tenancy or a newer FBT agreement.
• Proper notice and, if necessary, a Tribunal process must be followed for eviction or major tenancy changes.

Check your paperwork, act quickly if you are given notice, and seek help if you’re unsure about your rights or next steps.

Need Help? Resources for Renters

• Agricultural Land Tribunal Wales – For disputes, forms, and official guidance on farm tenancies.
• Government Guidance: Agricultural Tenancies – UK Government advice and official materials.
• Rural Payments Agency – Advice on business support and entitlements.
• Citizens Advice Wales – Free, confidential support on tenancy and housing issues.

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1. For an official definition of agricultural tenancies and exclusions from general housing law, see Renting Homes (Wales) Act 2016, Section 6.
2. For security of tenure and landlord notice requirements, refer to the Agricultural Holdings Act 1986 and Agricultural Tenancies Act 1995.
3. Tribunal guidance and forms are at the Agricultural Land Tribunal Wales official page.

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