How do I know I am getting the right return from my agricultural investment?
Over recent years we have seen significant increases in soft commodity prices and farm profitability. This has directly influenced rental levels which have shown significant growth over the same period. The two main forms of agricultural tenancy govern the way the rent is calculated, either on earning capacity or a straight open market comparison. The latter depends very much on the quality of land and the appetite/competition in a geographic location, with Farm Business Tenancy (FBT) rents ranging from £135 to over £200 per acre. Whether you are considering a rent review or a new letting we have the necessary market knowledge and technical skills to advise on the relevant process. Our advice is tailored to the unique circumstances of each holding to ensure the maximum return from your investment.
Do my farm buildings offer any development potential?
Planning Policy has moved relatively quickly over the last few years. More than ever, there is a presumption towards development, rather than against it. For decades Government Policy has promoted the redevelopment of redundant farm buildings but emerging legislation is taking this one step further, allowing certain development under permissive rights, without the need for full planning permission, although Building Regulations and Listed Building Consent may still apply. At Fenn Wright we can guide you through the planning process and ensure that the correct procedure is followed, and the right permissions obtained. We can also undertake a feasibility study, assessing the cost of a proposed development against returns, to ensure your development is financially feasible before costs are incurred.
Can a utility company lay apparatus on my land?
In order to provide the necessary infrastructure a utility provider has certain legislative powers to enable them to lay apparatus in/on private land. They must however follow strict procedures and compensate landowners for both the existence of the apparatus and any damage/disturbance arising out of the work. At Fenn Wright we have the necessary skill and experience to guide you through the compulsory purchase process, ensuring your rights are protected and that you are properly remunerated.
Can I get vacant possession of land occupied by an agricultural tenant?
The occupation of land by an agricultural tenant is governed by two main Acts and the ability of a landlord to recover vacant possession will depend on which Act governs the tenants occupation. Any tenancy which commenced before 1st September 1995 is likely to be an old style tenancy where the Tenant benefits from security of tenure for life, and possible up to two generations via succession rights. Landlords have limited grounds on which to recover possession and the process of removing a tenant is fraught with technical and procedural challenges. Post 1st September 1995 tenancies offered the tenant only limited security, but again the process of recovering possession is governed by formal procedures which are both time limited and complex. At Fenn Wright we are experienced in advising and managing all forms of agricultural letting, and the implications for both landlords and tenants. We can advise on your rights and the processes appropriate to the circumstances to ensure your position is protected and due procedures followed.