Agricultural rent reviews and the deadlines you need to know

9th Oct 2026

Author: Michael Bracegirdle

A rent review can add to the financial pressures of running a farm. Whether you are considering starting a review or have received a notice from your landlord, understanding the process helps you prepare and avoid missing important deadlines.

Mike Bracegirdle, Partner in our Agriculture & Rural Affairs Team, explains how agricultural rent reviews work in England and Wales, and why the rent does not necessarily have to be agreed by the review date.

Which rent review process applies

How the rent review is managed depends on whether you have a tenancy governed by the Agricultural Holdings Act 1986, usually called an AHA tenancy, or a Farm Business Tenancy, known as an FBT.

For an AHA tenancy, the statutory process begins with a notice under section 12 of the Agricultural Holdings Act 1986. For an FBT using the statutory procedure, it begins with a notice under section 10 of the Agricultural Tenancies Act 1995.

AHA tenancy agreements and FBT agreements may contain rent review provisions, so checking the agreement is an essential first step. The applicable procedure affects the notice requirements, deadlines and basis on which the rent is assessed.

Either the landlord or tenant may be able to start the review. A rent review does not necessarily mean an increase: the outcome depends on the applicable rules and evidence.

Serving a rent review notice

The statutory procedures require substantial advance notice, generally at least 12 months before the relevant review date. The exact notice window and restrictions on how frequently a review can take place need to be checked separately for each type of tenancy.

Check the review date applicable to your tenancy and allow enough time to meet the notice requirements.

The wording and service of the notice also matter. A notice served too late may fail to achieve the intended review date. Whether it can take effect at a later date depends on the applicable procedure and its wording.

If you receive a notice, keep it with the covering correspondence and seek advice promptly. If you intend to serve one, allow enough time to check the agreement, prepare the notice and arrange valid service.

Does the rent have to be agreed by the review date?

Landlords and tenants sometimes believe that the new rent must be agreed by the review date. That is not necessarily the case.

However, where agreement has not been reached, a formal step may be needed before the relevant deadline to preserve the review. Depending on the procedure, this could involve agreeing the appointment of an independent decision-maker or applying to an authorised body for an appointment.

The distinction is important. Negotiations may continue, but discussions alone do not protect your position. You should establish what needs to be done and by when, rather than assume that an arbitrator must already have been appointed.

Missing the deadline can mean losing the opportunity to complete that review. It is therefore sensible for both parties to prepare well in advance, even where a tenant is waiting for the landlord’s proposals.

How the rent is assessed

For AHA tenancies, the statutory assessment takes account of:

• The terms of the tenancy
• The character and situation of the holding
• Its productive capacity and related earning capacity
• Relevant comparable rents

There are also rules about matters that must be disregarded when assessing the rent.

Where the statutory FBT procedure applies, rent is assessed on an open market basis, subject to the relevant assumptions and exclusions. An FBT with contractual rent review provisions may use a different agreed basis.

Getting advice early and assembling suitable evidence are important for both parties. Your land agent can advise on the valuation and whether rents from other holdings provide a useful comparison. Headline figures alone may not reflect differences between the holdings or their tenancy terms.

Keeping negotiations open

Taking a formal step to preserve the review does not necessarily bring negotiations to an end. The parties may still reach an agreement after an application has been made.

Where an application has been submitted to the Royal Institution of Chartered Surveyors (RICS), both parties can use its DRS5 procedure to request that the appointment is put on hold before a decision-maker is appointed. Conditions and time limits apply, and the hold does not extend the original deadline for making the application.

Your land agent and Solicitor can help you assess the strength of your case, the likely costs of continuing the dispute and whether an agreement can be reached.

How we can help

If the rent review provisions are unclear or you have concerns about a notice, our Agriculture & Rural Affairs Team can review the agreement and advise on the legal requirements.

Your land agent will usually lead the valuation negotiations. We can work alongside them to check the legal position and protect the relevant deadlines, involving our Property Dispute Resolution Team where appropriate.

If you are considering a rent review or have received a notice, contact Mike Bracegirdle or our Agriculture & Rural Affairs Team with your agreement and correspondence. We can help you understand your position and decide on the next steps.

Mike can be contacted at mbracegirdle@butcher-barlow.co.uk or on 01606 334309.  Alternatively, complete our enquiry form.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.