How an Agricultural Solicitor Can Support Farmers and Landowners

14 April 2025

Farming and rural businesses are built on tradition, hard work and long-term planning. But as the agricultural sector changes with the times, so do the legal challenges faced by farmers and landowners. From managing property transactions to upholding compliance with environmental regulations, the complexities of agricultural law require expert guidance.

This is where an agricultural solicitor becomes an invaluable asset. By offering specialist advice on non-contentious matters such as land transfers, tenancy agreements and succession planning, solicitors can help farmers and landowners keep their livelihoods running smoothly.

At Paddle & Cocks LLP, we combine legal expertise with a deep understanding of rural business structures, helping clients understand the ever-changing landscape of farming law. Keep reading to find out how we can assist you.

Why Legal Expertise Matters in Farming and Rural Matters

Farming is not just a business; for many, it’s a way of life. But even the most well-established farms face legal challenges that can impact their long-term sustainability. Whether it's transferring land to the next generation or getting to grips with the latest farm subsidy rules, having the right legal expertise on your side means you can enjoy compliance and continuity.

Non-contentious agricultural work requires meticulous attention to detail, as mistakes can have costly and long-lasting consequences. Fortunately, legal professionals with experience in agricultural matters can offer:

Knowledge of Evolving Regulations: Farm laws and environmental policies are constantly changing. Solicitors help farmers stay compliant and avoid penalties.
Tailored Advice for Rural Enterprises: Unlike general commercial law, agricultural law requires a nuanced understanding of rural business structures and generational transitions.
Protection Against Future Risks: Well-drafted agreements and carefully structured plans protect farming businesses from unexpected legal disputes.

Key Areas of Agricultural Law Where Solicitors Add Value

Land and Property Transactions

Buying or selling a farm is far more complex than a typical property transaction. Agricultural solicitors manage the intricacies of:

Land Transfers: Ensuring that land boundaries, access rights and easements are properly documented.
Title Investigations: Confirming ownership and identifying any restrictive covenants or overage clauses.
Rights of Way and Easements: Negotiating access for neighbouring landowners while protecting the value of the property.

Solicitors help safeguard clients from unexpected liabilities, making certain that land and property transactions comply with all necessary legal frameworks.

Succession and Estate Planning

Succession and estate planning is essential for family-run farms where generational continuity is the goal. Without a carefully structured plan, disputes may arise, which in turn could jeopardise the future of the business. Agricultural solicitors assist with:

Drafting Wills and Trusts: Overseeing the distribution of assets according to the family’s wishes.
Inheritance Tax Mitigation: Taking advantage of Agricultural Property Relief (APR) and Business Property Relief (BPR) to reduce tax burdens.
Family Agreements: Preventing future disputes by clearly outlining succession plans.

By taking a proactive approach to succession, farmers can secure the legacy of their business and avoid expensive inheritance disputes.

Agricultural Tenancies

Farm tenancies can be complex, governed by either the Agricultural Holdings Act 1986 (AHA) or the Agricultural Tenancies Act 1995 for Farm Business Tenancies (FBTs). Each framework has its own legal intricacies, which is why agricultural solicitors can provide important advice on:

Drafting and Negotiating Tenancy Agreements: Checking that terms are fair and legally sound.
Renewal and Termination of Tenancies: Managing the legal process while protecting the rights of landlords and tenants.
Succession Rights and Tenancy Disputes: Going through the legal process when tenancy succession is in question.

Properly drafted tenancy agreements protect both landlords and tenants from unforeseen conflicts and help to uphold compliance with relevant legislation.

Regulatory and Environmental Compliance

With the increasing emphasis on sustainable farming and environmental conservation, compliance with regulatory frameworks is more important than ever. Solicitors help farmers stay compliant with:

Planning Permissions and Development Rights: Checking that farm developments adhere to local authority requirements.
Environmental Regulations: Advising on obligations related to pollution control, conservation and biodiversity.
Sustainable Farming Subsidies: Helping clients navigate evolving subsidy schemes and agri-environment agreements.

Non-compliance can lead to hefty fines or restrictions on farming activities, making it essential for farmers to work with solicitors who understand the latest regulations.

Why Work with a Specialist Agricultural Solicitor?

Of course, when dealing with a legal issue in a specific sector like farm law, you can’t just hire any old lawyer. There are a number of reasons why hiring a specialist agricultural solicitor is essential for achieving a fair and positive outcome for your case.

Deep Understanding of Rural Business Structures

Agricultural businesses often involve complex structures such as family partnerships and tenancies. A solicitor with a rural background understands the nuances of these arrangements and offers advice that aligns with the realities of farming.

Expertise in Evolving Farming Laws and Subsidies

As mentioned above, agricultural laws are constantly evolving - from changes in farm payments to new environmental schemes. It’s a solicitor’s job to make sure that clients remain compliant while maximising the financial benefits available.

Protecting Generational Farming Businesses

Long-term planning is essential to help family-run farms remain viable for future generations. Agricultural solicitors help safeguard family interests by drafting legally sound succession plans and mitigating tax liabilities.

Paddle & Cocks LLP: Your Rural Legal Experts

At Paddle & Cocks LLP, we are proud to offer specialist legal services to farmers and landowners across the UK. Our team has a deep understanding of rural business structures and the unique challenges faced by agricultural clients.

We provide expert advice on a range of non-contentious agricultural matters, including:

Farm and land transactions
Succession and estate planning
Tenancy agreements and Agricultural Holdings Act compliance
Environmental and regulatory compliance

So, whether you're looking to expand your farm, secure succession plans or maintain compliance with environmental regulations, our solicitors are here to help.

Get in touch to speak with our helpful team, tell us briefly about your legal matter and arrange a no-obligation consultation in which to discuss your case in greater depth. We understand that your time is important and we are happy to be flexible in our meeting arrangements.

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How the New Employment Rights Bill will Strengthen The Employees Employment Protections.

by Harjit Gill • 11 December 2024

How the New Employment Rights Bill will Strengthen the Employees Employment Protections. By Harjit Gill The upcoming Employment Rights Bill proposes signiﬁcant changes to the protections employees enjoy in the workplace. If the individual is an employee, understanding how this new Bill will aﬀect an employee’s rights is essential. This article focuses on the key changes relating to unfair dismissal. Key Changes in the New Bill Day-One Protection Against Unfair Dismissal Under the current rules, employees must work for an employer for two years before they can claim unfair dismissal, unless it relates to pregnancy, whistleblowing or trade union membership. This means that if the employer dismisses the employee in the ﬁrst two years, the employee will have limited recourse to challenge that decision. The two-year qualifying period for unfair dismissal claims will be abolished, and the employee will have the right to challenge an unfair dismissal from the ﬁrst day of their employment. This change will provide the employee with greater job security and protection, ensuring that employers cannot dismiss the employee arbitrarily during their early employment. New Statutory Probation Period Along with the introduction of day-one protection, the Bill proposes a statutory probationary period of nine months. During this probationary period, employers will have to follow a simpliﬁed process for dismissal if they feel that the employee is not the right ﬁt for the role. The government are yet to detail what this process involves but it will deﬁnitely be subject to the rules of fairness. After the nine-month probationary period, full protections against unfair dismissal will apply and employers will be required to follow a more rigorous and fair process to dismiss their employees. Right to Written Reasons for Dismissal Currently, the employee must have worked for an employer for two years to request written reasons for the employee’s dismissal. Under the new Bill, this will change. The employee will be able to request written reasons for your dismissal after the nine-month probation period. This ensures that if the employee is dismissed after this period, the employer must provide a clear and written explanation, giving the employee transparency and the ability to assess whether the dismissal was fair. Impact on Your Job Security These changes will signiﬁcantly improve the employee’s job security, particularly in the early months of employment. Previously, many employees had limited rights during their ﬁrst two years on the job. Employers could dismiss employees without the need to provide reasons or follow formal procedures unless the employee’s dismissal fell under “automatically unfair” reasons like discrimination or whistleblowing. With day-one protection, employees will have immediate access to employment rights that ensure their employer must act fairly if they choose to dismiss the employee. This change will particularly beneﬁt the 9 million workers in the UK who have been with their employer for less than two years. While these changes oﬀer employees stronger protections, it’s important to understand that employers will still have ﬂexibility and can insert a longer probationary period than what is proposed in the employees’ contract, especially for more complex roles. However, once the statutory nine-month probationary period is complete, the employee will be fully protected by unfair dismissal laws. This means that any dismissal must follow standard procedures and be based on legitimate reasons, such as performance issues or misconduct. When Will These Changes Happen? The reforms in the Employment Rights Bill are expected to take eﬀect no sooner than autumn 2026. This gives employees time to prepare for these changes, while also giving employers time to adjust their policies. However, it’s essential to be aware of these changes now, so employees understand the rights they will have when the Bill becomes law. Conclusion The Employment Rights Bill is set to transform the protections employees enjoy, particularly regarding unfair dismissal. From day-one protection to the introduction of a statutory probation period, their rights as an employee will be strengthened, oﬀering greater security, in the employees ﬁrst year on the job, helping to create a fairer and more balanced workplace for all. If you require any further information or legal advice on any of the points raised, please contact Harjit Gill on harjit.gill@paddleandcocks.co.uk or telephone 0333 344 9429 quoting HG. *The above highlights some of the changes the Bill is intended to bring about and is not intended to provide legal advice which should be relied on.

Renters’ Rights Bill 2024

by Justine Benbough • 4 December 2024

Renters’ Rights Bill 2024 – A brief overview of proposed changes By Justine Benbough What is it? Proposes changes to the UK rental market Likely to come into force Spring 2025 Current ASTs likely to become periodic assured tenancies overnight Key Changes Abolishes fixed term assured shorthold tenancy Replaces this with a periodic assured tenancy Abolishes non fault evictions (the old Section 21 procedure) Requires landlords to prove grounds for eviction under Section 8 Section 8 Grounds for Possession Makes changes to existing grounds Introduces new grounds Introduces longer notice periods No longer accelerated ‘paper’ procedure In person possession hearings only Rent Arrears (Ground 8) Remains a mandatory ground but now tenants must be at least 3 months (13 weeks) in arrears (no longer 2 months/8 weeks) Landlord to give 4 weeks’ notice (no longer 14 days) Student Accommodation Applies to full time students living in an HMO Possession can be obtained under Ground 4A Require landlords to serve prior notice of intention to relet to students at start of new academic year Section 8 notice to end tenancy must give 4 months’ notice to expire within the holiday period (1st June and 30th September) Pets & Discrimination Cannot be a barrier to renting Landlord cannot unreasonably refuse Rent Reform Introduces a bar on rent bidding Rent review clauses no longer apply Introduces rent increase mechanism and procedure for challenging Landlords’ Duties To provide tenants with written statement of terms and certain information Non-compliance with landlord’s duties and rules on service of notices can lead to financial penalties Expands Awaab’s Law to private sector Local Authority Powers Increased by enforcing civil penalties for landlord’s failing to comply with the regulations Landlord Redress Scheme Landlord required to register with scheme Deals with tenant complaints If you require any further information or legal advice on any of the points raised, please contact Justine Benbough on justine.benbough @paddleandcocks.co.uk or telephone 0333 344 9429 quoting JEB. *The above highlights some the changes the Bill is intended to bring about in bullet point form only and is not intended to provide legal advice which should be relied on

How an Agricultural Solicitor Can Support Farmers and Landowners

Why Legal Expertise Matters in Farming and Rural Matters