Sub letting land from tenant farmers

[jon9000]

Currently sub let land for various reasons beet maize and potatoes.. if within the 6 to 7 month duration of the sublet, the tenant farmer either losses his tenancie or goes bust, do i still own the crop on the sublet land. Stupid question i guess however feel you always should ask the question

 

[Mc115reed]

I would guess that depends if your sublet is done by verbal agreements or done formally and contracted

 

[jon9000]

Most are formal..... however would a written one be better?

 

[Spud]

Currently sub let land for various reasons beet maize and potatoes.. if within the 6 to 7 month duration of the sublet, the tenant farmer either losses his tenancie or goes bust, do i still own the crop on the sublet land. Stupid question i guess however feel you always should ask the question

I would say as long as you have a written agreement, then your crop is safe. How safe it is without one is mostly down to the integrity of who you rent the land from.

 

[jon9000]

Is that a written agreement with whom?

 

[jon9000]

The landowner or tenant?

 

[Spud]

Is that a written agreement with whom?

With the farmer (tenant) from whom you are renting the field. Both parties obvs need a copy.

 

[Exfarmer]

A very tricky question , if you are concerned seek good legal advice!
a crop planted today is not the same crop tomorrow!.
i have been the landlord and seized a crop

 

[PB1507]

I think you would be better with a "cropping Licence" and as a land owner I would like the fee up front.

 

[Ewe2]

Does the Tenant’s agreement with the Landlord allow subletting? Most will not. If not, the landlord will get your crop if things go wrong.

 

[neilo]

Does the Tenant’s agreement with the Landlord allow subletting? Most will not. If not, the landlord will get your crop if things go wrong.

This. Surely no tenant would want anything in writing that proved they were subletting. In order to avoid the risk of handing their landlord a way to end their tenancy quickly, they need to show they are taking the risks & own the crop.

 

[Derrick Hughes]

Does the Tenant’s agreement with the Landlord allow subletting? Most will not. If not, the landlord will get your crop if things go wrong.

Be suppised if it does, what landlord would do that . Sounds unsafe to me ,

 

[Scholsey]

Can’t imagine any landlords would put themselves at risk of a tenant subletting to Mr spudgrower, pocketing £600/acre, do a runner not paying the £150/acre he owes mr landlord leaving mr landlord to watch Mr spudgrower lift his potatoes and destroy Mr landlords field and him not being able to do a thing about it.

 

[Exfarmer]

There are many tenants sub letting land across the country for roots and other crops. Not sure how many landlords are aware. I think some cropping agreements are worded in a way to get round the issues

 

[Brisel]

It depends on what is in the tenancy agreement. Normally subletting is not allowed. In reality, landlords on that kind of land know this goes on & no doubt the subject gets raised at rent reviews. Provision for the landlord taking a crop will be dealt with in the tenancy agreement too. Usually there is some kind of holdover provision that would permit harvesting and storage of the crop if necessary. The devil is in the detail and you must read the small print in your own document.

Going slightly off topic, beware of cropping licences and the RPA. The tenant needs to be in control of the land 15th May to be eligible for BPS and arguably that tenant is not in control if someone else is managing that crop having done all the work, bought the seed etc. You could do a back to back agreement where the spud/maize grower bills you for the crop before 15th May and you then sell it back to them as a standing crop later on + rent. I've never heard of anyone being picked up on this but I suspect there wouldn't be anyone shouting about it if they had.

 

[Gordy1]

As judge Judy says “if it’s not in the contract it doesn’t exist” get everything in writing!!

 

[pellow]

Can’t imagine any landlords would put themselves at risk of a tenant subletting to Mr spudgrower, pocketing £600/acre, do a runner not paying the £150/acre he owes mr landlord leaving mr landlord to watch Mr spudgrower lift his potatoes and destroy Mr landlords field and him not being able to do a thing about it.

is that £600 what rents per acre are in Herefordshire?

 

[Scholsey]

is that £600 what rents per acre are in Herefordshire?

pretty sure that’s what decent spud ground is making, possibly more if can be irrigated!

 

[Mc115reed]

Can’t imagine any landlords would put themselves at risk of a tenant subletting to Mr spudgrower, pocketing £600/acre, do a runner not paying the £150/acre he owes mr landlord leaving mr landlord to watch Mr spudgrower lift his potatoes and destroy Mr landlords field and him not being able to do a thing about it.

In reality the case is the tenant farmers say it’s there crop and the sub letter is just a contractor when they do all the work and they’re just buying the finished crop ... very easy to work around with a few invoices that never get paid

 

[Scholsey]

But what happens if mr tenant doesn’t pay his rent and mr landlord boots him off before mr potato ‘contractor’ has harvested his spuds?