Pitfalls to avoid when letting property
If you own a farm or an estate and let residential property to an agricultural worker, you’ll need to serve a Form 9 notice prior to commencement of the tenancy.
That is in addition to their usual tenancy documentation, to let them know that you are granting an assured shorthold tenancy (AST). Failure to do so will result in an assured agricultural occupancy being granted, which provides tenants with far greater protection and makes it more difficult for the landlord to recover possession.
A tenant under an assured tenancy may not be evicted without a reasonable ground within the Housing Act 1988, which is undoubtedly more difficult to achieve. Furthermore, changes in rent are potentially subject to a challenge before a rent assessment committee.
Letting property is an ever-increasing compliance headache. However this is one pitfall that many farmers and estate owners fall foul of. When granting tenancies of any kind, even those without paperwork, I would always recommend you seek advice as you may find that the tenancy you have granted is not what was intended.
Edward Randall, Fisher German LLP
