The Tenant Farmers Association (TFA) has welcomed the Law Commission’s decision to launch a comprehensive review of agricultural tenancy legislation in England and Wales – calling it a “long overdue” and essential move for the sector.
Announced as part of the commission’s 14th Programme of Law Reform, the project will assess whether existing tenancy laws properly balance the interests of landlords and tenant farmers, support sustainable practices, and allow flexibility for business development.
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TFA chief executive George Dunn said that with the Agricultural Holdings Act 1986 nearing its 40th anniversary and the Agricultural Tenancies Act 1995 not far behind, a full review was critical.
“Despite being tinkered with since their original enactment, they are well overdue a full review,” Mr Dunn said. “The Law Commission review also fulfils a key recommendation from the Rock Review into agricultural tenancies delivered in 2023, which continues to provide a relevant basis for delivering a sustainable agricultural tenanted sector.”
Currently, agricultural tenancies fall under two regimes: pre-1995 tenancies which offer greater security and rights, and post-1995 Farm Business Tenancies, which tend to be shorter-term and less secure.
Outdated system
Critics argue that the current system discourages investment by tenants, limits diversification, and poses challenges for new entrants to farming.
The Law Commission said it would explore whether the legal framework gave tenant farmers the security they needed to invest, while also considering landlord confidence in letting land. The review will also look at whether the law supports environmental sustainability and business innovation.
Mr Dunn said: “We look forward to working with the Law Commission when it is ready to begin its important work.”
The Law Commission will announce the start of the project when resources permit.