Can you rent out a house with an agricultural tie

image

Renting a house with an agricultural tie. The farm is very viable, unlikely to be sold as it’s been in the family for decades so it would only ever be a rental. The other option is a holiday cottage but he doesn’t really have the time to support that sort of business.

Full
Answer

Should you buy a house with an agricultural tie?

Buying a house with an agricultural tie — also known as an Agricultural Occupancy Condition, or AOC — is something of a minefield. The terms of an agricultural tie can be daunting.

Do you have to pay rent on an agricultural tenancy?

Many agricultural tenants do not pay rent. The amount of rent you need to pay can vary according to the type of agricultural tenancy that you have. Landlords don’t usually charge rent if you have a protected or agricultural tenancy, but do usually start to charge rent when you stop working.

Can a property be sold with a tie to the owner?

So it would be possible to comply with the tie if a would-be purchaser had previously worked in agriculture or has been married to someone who was. Properties with such a tie can, of course, be difficult to sell.

Is it possible to remove an agricultural tie?

It may be possible to remove an agricultural tie, but you will need to take appropriate professional advice. Bungalow with agricultural tie and 22 acres – Pippins Farm has a bungalow, 22 acres of pasture, three stables, a tack room and a timber agricultural building.

image


How do you get around an agricultural tie?

‘ It’s not all doom, however — it is possible to get the tie lifted, if you can prove that no one has been working in agriculture for the past 10 years. If the council agrees, it will issue a ‘certificate of lawfulness’, which means you’re no longer in breach of the condition.


What can agricultural land be used for UK?

current land use Reasons for this include transport infrastructure, building, woodland expansion (which has more than doubled over the past 20 years), nonagricultural use (golf courses, minerals, etc.) and some has been lost to the sea. Cereals make up 60% of the arable land, of which 54% is wheat.


What is an agricultural covenant?

Farmers have always needed accommodation for staff required to work unsocial hours and local planners sometimes agree to a residential property being built in an otherwise rural location on the strict condition that it is only used by a key farm worker.


Can I put a log cabin on agricultural land?

Agricultural accommodation – If you build a log cabin for agricultural workers. Then it won’t be considered permitted development. Say you want to add a log cabin to farmland, you need to tell the council.


Can you convert agricultural land to residential UK?

In pages specifically related to planning permission for farms, official advice confirms that changing the use of any farmland or buildings you acquire need formal planning approval.


Can Neighbours enforce restrictive covenants?

A neighbour can only enforce a restrictive covenant on a property or land if they are the landowner that benefits from the covenant. A neighbour that has no direct connection to the restrictive covenant cannot enforce it in any way.


Can covenants be removed?

By way of drawing up a Deed of Release of Restrictive Covenant or; By applying to the Upper Tribunal to have the covenant removed, if it meets certain criteria, such as, the beneficiary is unknown, the covenant cannot be enforced or the covenant is unreasonable.


Who enforces restrictive covenants on land?

The person with the benefit of the restrictive covenant can take action to enforce any infringements. In respect of a new property, this will generally be the builder or a management company, if the benefit has been transferred.


How can you get a mortgage for a property with an agricultural tie?

If you meet the conditions, then a mortgage for an agricultural tie is straightforward, provided you find the right lender who understands such properties. There are only a limited number of lenders who are prepared to take on agricultura l tie properties .


How much below market value is an agricultural tie?

A property with an agricultural tie can be around 20-30% below the market value for a similar property without an occupancy condition, so they look attractive at first. However, as the conditions are often difficult to meet, an agricultural tied property can often be difficult to sell.


How many acres are there in Pippins Farm?

Bungalow with agricultural tie and 22 acres – Pippins Farm has a bungalow, 22 acres of pasture, three stables, a tack room and a timber agricultural building. The bungalow has an agricultural tie.


Why did farmers get ties?

Agricultural ties were introduced to enable farms to get planning permission for dwellings on their land for family or farm workers, which may otherwise have not been approved under normal planning policies, for example in a green belt.


Can you remove an agricultural tie?

You will often need confirmation from the local planning authority (LPA) that they accept your employment type meets the conditions. It may be possible to remove an agricultural tie, but you will need to take appropriate professional advice.


What is an agricultural occupancy condition?

An agricultural occupancy condition, also known as an agricultural tie, is a tool that is used to limit who is lawfully allowed to occupy a dwelling in the countryside. It will typically restrict the occupancy of a dwelling to a person who is principally employed, or was last employed, in agriculture in the local area.


What does “dependant” mean in agriculture?

Meaning of the word ‘dependant’. Agricultural occupancy conditions do not only apply to an agricultural worker but also to those who are a “dependant” of that worker. The Court of Appeal considered the definition of a “dependant” in the context of agricultural occupancy conditions in 2015.


Is agricultural occupation a better chance of being removed?

Though each case will depend on their specific facts, the decision suggests that an agricultural occupation condition on an expensive (due to its size or its location) property stands a better chance of being removed.


Can an agricultural occupancy condition affect the value of a property?

For existing dwellings, the existence of an agricultural occupancy condition can have an impact on the value of the property to which they attach. However, the use of such conditions can assist with obtaining planning permission for building new dwellings in the countryside.


What is an agricultural tie?

In simple terms, an agricultural tie, or Agricultural Occupancy Condition (AOC), is a planning condition which states that the property can only be occupied by someone who is ‘wholly or mainly occupied in agriculture or forestry’. This condition also applies to widowers or dependents. However, the wording of AOCs can vary widely, …


Why is land on agricultural land attractive?

Property on agricultural land can prove very attractive for several reasons: location, an opportunity to add value by modernising the building, lack of immediate neighbours, etc., but as this area of law is complex, we do recommend you speak to a specialist agricultural property lawyer before making any financial commitments.


Why do farmers need AOCs?

AOCs would have been put in place to ensure suitable accommodation for farmworkers within the locality. However, as time has moved on and farming methods have changed, there might no longer be any need to provide accommodation for farmworkers and so you can apply to have the condition lifted.


Is it possible to remove an agricultural tie?

However, it’s important to realise that removing an agricultural tie is not a straightforward process. Alistair Millar, agricultural solicitor and Partner at Tallents Solicitors in Southwell, offers some advice.


What is an agricultural tenancy?

Not all farm workers who live on agricultural land are agricultural tenants. If you live on land that you rent and farm yourself, you may have an agricultural holding.


How long can you be in a shorthold agricultural tenancy?

You only have a shorthold agricultural occupancy if your landlord gave you written notice on Form 9 before the start of your tenancy. The tenancy type is similar to an assured shorthold tenancy After 6 months your landlord can usually evict you by following the correct legal procedure.


What are alternative accommodation rules?

These rules apply if you have an assured agricultural tenancy or a regulated agricultural tenancy. If your landlord needs your home for another farm worker, they must offer you alternative accommodation.


How long does it take to get a rent officer to set the rent level?

You can ask a rent officer to set the rent level if you think the amount your landlord asks you to pay is unfair. You should usually do this within 1 month of getting notice of your landlord’s proposed rent increase.


When does a regulated tenancy start?

You have a regulated tenancy (also known as a statutory or protected agricultural tenancy) if your agricultural tenancy started before 15 January 1989.


What is tied accommodation?

Tied accommodation is when your home is provided by your employer and tied to the specific job you do.


Can you be evicted from your home if you retire?

Your right to live in your home does not end even if you lose your job or retire or if the property is sold. In most cases, the only way that your landlord can evict you is to supply you with suitable alternative accommodation. This must be either another regulated tenancy or another tenancy with similar strong rights.

image

Leave a Comment