Cross-border farmers risk being disadvantaged by changes to tenancy law

Defra and the Welsh Government launched two consultations this month to seek industry views on improving agricultural tenancy law, but concerns have been raised that the reforms could increase divergence between England and Wales.

This has the potential to make life difficult for cross-border farmers, who may need to comply with two different sets of legislation.

Peter Williams, partner at law firm Michelmores, pointed out England and Wales already have different tribunals to deal with succession matters, and England has updated ‘model clauses’ governing the repair of farms protected by the Agricultural Holdings Act 1986, while Wales still relies on 1973 regulations.

He said: “As a proud Welshman, it gives me no pleasure to be critical of a state of affairs involving Wales, but the desire to maintain independence for certain regulatory law and procedure in Wales gives rise to issues which do not benefit the Welsh or those living on cross-border farms.