Warning over farming tenancies

By Napthens

18 Feb 2014

Website

An expert in rural law has warned farmers to consider tenancy agreements when it comes to planning for succession.

Melissa Taylor, solicitor in the rural team at law firm Napthens, warns that the tenancy provisions for tenanted farms can be complex and should be considered and reviewed as a priority for any tenant farmer planning their succession.

Older tenancies, drawn up between 1976 and 1984, often allow for two successions – e.g. successions to the tenancy from father to son or daughter to cover three generations.

However, an application for succession must be made within the strict three month period from the date of the tenant’s death. There are also strict rules governing who can succeed.

Modern tenancy agreements may not have such an automatic right to succession, and once the owner of the farm has died the landlord may often be entitled to recover possession of the property.

Melissa warns that both options mean succession planning – understanding who will take on a farm upon retirement or death of the tenant, often a family member – is vitally important.

She said: “Many farms are family businesses, but we still see plenty of owner occupying farmers and tenanted farmers who have not thought about succession.

“Many simply assume their son or daughter will take over the business, but often it is not so simple. The next generation may not want to continue to be involved in the business, or the tenancy agreement may not allow for a straightforward succession.

“It is therefore important to ensure that succession planning takes place, for example by considering options following the death of a tenanted farmer and completing a Will to identify their wishes and assist the continuation of a farming business. “Many farmers worry that this planning will be expensive, but over the course of a tenancy agreement or the life of a farmer it is nothing, and the cost is worth it to ensure the business continues to operate.”

Enjoyed this? Read more from Napthens

Latest news

1

Firms show support for Lancashire Business Day 2026 Clp5793

Firms show support for Lancashire Business Day 2026

03 Nov 2026

2

First phase of £6m community facility work completed Whittingham Club 020

First phase of £6m community facility work completed

03 Nov 2026

3

Accountants relocates to Chorley Img0024

Accountants relocates to Chorley

03 Nov 2026

4

Jewellers scoops top national award Ainsworth Jewellers Win At Naj Awards

Jewellers scoops top national award

03 Nov 2026

5

D&M Creative backs Red Rose Awards with category sponsorship Red Rose Awards

D&M Creative backs Red Rose Awards with category sponsorship

03 Nov 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Action Members November Event
1791817755261.png.png 03 Nov 2026

Action Members November Event

The Wellsprings, Howell Croft South, Bolton BL1 1SB, Bolton, BL1 1SB

09:15 - 11:45

Chamber Breakfast Networking – November
Lancaster And Morecambe Logo 1 03 Nov 2026

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Funding Unlocked
IMG_3058.jpeg.jpg 04 Nov 2026

Funding Unlocked

Accrington Stanley FC, Accrington , BB5 5BX

10:00 - 12:30

Breakfast Social and Coworking Day: November
Brekfast social Nov Creative lancs small.png.png 05 Nov 2026

Breakfast Social and Coworking Day: November

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Clubhouse Business Network sponsored by Orca Finance - November 2026
Club House Padel 05 Nov 2026

Clubhouse Business Network sponsored by Orca Finance - November 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Lancashire Construction Connections
1790691579952.jfif.jpg 05 Nov 2026 - 05 Nov 2026

Lancashire Construction Connections

Holmes Mill, Clitheroe, BB7 1EB

14:00 - 17:00

Immigration changes on the horizon - what HR teams need to know
Immigration webinar.png.png 10 Nov 2026

Immigration changes on the horizon - what HR teams need to know

Online, via Microsoft Teams

12:00 - 12:45

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin