AHA Tenancy Rent Reviews and Succession: A practical guide for Tenant Farmers

5th Mar 2026

Author: Jill Benbow

Farming under an Agricultural Holdings Act (AHA) tenancy often brings questions about rent reviews, succession planning, and surrender and re-grant requests. Below, Jill Benbow, a lawyer in our Property Dispute Resolution Team, answers three common questions and sets out the practical next steps.

Q: We did not reach an agreement with our landlord on the rent before the review date. What do we do now?

A: This is common. In most cases, you can keep negotiating, but you should make sure the formal steps are protected.

Is the review date a deadline to agree the rent?
No. The review date is important, but you do not usually need a signed agreement by that day. The key is whether the right notices have been served on time.

What changed after the Agriculture Act 2020?
The process was modernised. If the rent is not agreed, a party can set out in a formal notice the rent they say should apply. If you still cannot agree, the rent can be decided by an arbitrator, or, if both parties agree, by an independent expert.

What should I do next, in plain terms?

Keep discussions going if they are productive.
Keep everything in writing or confirm calls in an email.
Gather evidence to support a fair rent. A Land Agent can help.
Take advice early if the relationship is strained or the correspondence becomes more formal.

Will it definitely go to Arbitration?
Not necessarily. Many rent reviews settle once both sides have exchanged evidence and taken advice.

Q: We are thinking about succession. What changed from 1 September 2024?

A: The Succession rules changed from 1 September 2024 in England and Wales. The position is now clearer, with less emphasis on technical barriers and more emphasis on whether the proposed successor can run the holding well.

What is the headline change?
The old Commercial Unit Test, which could block succession if the proposed successor already occupied another viable unit, has been removed.

What does the Tribunal focus on now?
There are still two key questions: eligibility and suitability. The updated approach places more weight on capability, including the ability to farm the holding commercially and manage it responsibly.

Are there things the Tribunal must ignore?
Yes. Certain factors must be disregarded, including the applicant’s age and offers about rent.

What should we do now if Succession may be needed?
Start early. The strongest applications are built over time, with clear evidence of involvement, responsibility, and the ability to run the farm business. Leaving it late can create avoidable risk.

Q: My Landlord has asked for a surrender and re-grant. What is this and should I agree?

A: A surrender and re-grant means ending the existing tenancy and granting a new tenancy back to you. It should not be treated as routine. Any new tenancy being offered may affect your security of tenure and could also affect, limit or remove any statutory succession rights that might otherwise apply.

Why might a landlord ask for this?
Landlords sometimes raise this as part of wider estate or succession planning. Whatever the reason, a tenant should not treat it as a routine administrative step and should take advice before agreeing.

Why does it matter to me?
Even if it is presented as an administrative change, a surrender and re-grant can affect your legal position. That is why it is important to look carefully at what, if anything, would change before agreeing.

Do I have to agree?
Usually, no. In most cases, this is a request that needs the tenant’s agreement. It is not something you should feel pressured to accept without proper advice.

What should I check before agreeing?
Focus on whether the new tenancy would change anything important, including:

security and length of tenure
rent review wording and timing
repairing obligations
improvements and compensation
restrictions on use of the holding
any break rights or new conditions

What is the practical risk for a tenant?
The main risk is agreeing to a new tenancy without fully understanding the effect on your rights and obligations. Even small wording changes can have a significant impact later.

What should I do next?
Before agreeing to anything, ask for the proposal in writing and take legal advice on the terms. If a land agent is involved, it can also help to take advice on the practical effect for the farm business.

Who should pay the costs?
If the proposal is mainly for the landlord’s benefit, it is reasonable to ask the landlord to cover the cost of your legal and professional advice.

How can Butcher & Barlow help?

If you are facing an AHA rent review, planning for succession or dealing with a proposed surrender and re-grant, we can help you understand your options, the likely timetable and the practical measures that protect your position. We are very happy to work alongside your land agent.

Jill Benbow

The 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.