Model clauses for agricultural tenancies – a reference guide

Repair and maintenance obligations under agricultural tenancies are complex, as it depends on the exact wording of the tenancy agreement as to where responsibilities lie between landlord and tenant.

However, model clauses – which are statutory regulations covering the repair, maintenance and insurance of fixed equipment – apply to both Agricultural Holdings Act 1986 and Agricultural Tenancies Act 1995 agreements unless otherwise stated.

The two sets of model clauses likely to be of most relevance are the 1973 or 2015 regulations.

Although the 2015 regulations revoked the 1973 ones, some farm tenancies specifically state that the 1973 regulations should apply.

Strutt & Parker has produced a short summary of the main provisions under both sets of regulations as a quick guide to the obligations of both landlord and tenant.

This document should be used as a guide only, as agreements need to be reviewed in detail with proper reference to the statues for a definitive answer.