The Tenant Farming Commissioner (TFC), Bob McIntosh, recently issued new guidance on some of the statutory responsibilities relating to fixed equipment on agricultural holdings.
The TFC explained that operating a farm involves many duties and responsibilities and ensuring that everything is in order on a practical compliance level can be challenging – particularly in the tenanted sector where responsibilities are split between landlord and tenant. The guide is intended as a useful reference for tenant farmers, landlords and their agents and summarises the general statutory obligations around certifications and inspections relating to fixed equipment and how to comply with them.
Mr McIntosh also noted that it can be difficult for landlords and tenants to keep up to date with requirements, particularly as tenancy agreements can remain in place for many years, while the regulations for buildings and dwellings included in agricultural leases are often updated or changed. The guidance is intended to clarify who needs to do what (and when) to be compliant and covers statutory responsibilities around matters such as electricity inspections, boiler servicing, fire risk assessments, chimney sweeping and smoke detectors.
The guidance assumes that the lease terms follow the usual principle that the landlord provides the fixed equipment at the start of the lease and replaces or renews it if required due to natural decay or fair wear and tear, with the tenant being responsible for repairing and maintaining the fixed equipment during the lease term. Different arrangements can however be agreed between landlords and tenants and therefore it is wise to check the terms of your own individual lease and any accompanying documentation in each case when considering these compliance matters.
The guidance can be found here.
For more information or advice on this or any other agricultural holdings matter, please contact our friendly team.