Under Agricultural Holding Act (AHA) tenancies, landlords normally have general rights to inspect or enter the land. However, there was a recent case (The Earl of Plymouth v Rees, 2019) which highlighted that this cannot always be relied upon and great care must be taken not to assume rights exist when they do not.
This case involved the landlord needing entry to dig a borehole in relation to a potential future development. The tenant objected the request for access and was successful. As is now the case with many developments, especially larger scale ones, a number of surveys are required and they can be very expensive and time consuming. It is therefore critical that the parties have a good working relationship to ensure any conflicts or disputes are avoided.
Landlords and Tenants often have complicated relationships built up over generations, so it’s important for both sides to have a pragmatic and respectful approach to any discussions. A successful development should benefit both parties, whereas a dispute often benefits neither. The correct approach from the start is key.
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