Caroline Snell, of Stags Professional Services at Honiton in Devon comments “With the lack of spring rain, competitive demand for farmland to rent and increasing land values supported by good commodity prices, the demand for grass keep remains strong”.
Many grass keep licences are based on a ‘Gentleman’s Agreement’, often between farming neighbours and run without a problem. However, if relationships break down or the landowner passes away, a lack of written agreement can become an issue.
“For inheritance tax purposes it is important to have a correctly set up written agreement to ensure that Agricultural Property Relief (APR) on the land, farmhouse and buildings is not forfeited” explains Caroline. “The onus is on the taxpayer to prove what sort of agreement was in place at the date of death and where there is no agreement, or the obligations of each party do not satisfy the criteria of obtaining APR, this can prove to be financially crippling to the landowner.
Setting up a written agreement ensures that the terms are clear to both parties including maintenance obligations, rental levels and the requirements of any environmental stewardship schemes that may be in place, and ensures the Licensee does not claim entitlement to the Single Payment.
Under a Gentleman’s Agreement, rent levels are often below the market value and do not get reviewed from year to year. “The auction room remains the best place to get a competitive price for grass keep” states Andrew Luxton, Stags Partner and Auctioneer, having recently sold grass keep in theEast Devonarea for over £160/acre.
Caroline adds “The cost of drawing up a Licence or Tenancy Agreement prior to occupation is minimal when you consider the ‘bigger picture’ with respect to claiming APR on your property”. In addition, these agreements can be renewed relatively quickly should the occupation continue beyond the initial term.”
If you would like advice regarding rental levels and/or assistance in tenancy negotiations, please contact Stags Professional Services on 01392 439046 (for Devon, Somerset or Dorset) or 01872 279911 (forCornwall), where you will be transferred to the surveyor in your area.
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