Grazing Agreement

This Grazing Agreement template is for the purpose of grazing livestock on land owned by a landlord. Versions drafted for use in England and Wales (E&W), and Scotland.

Grazing Agreement (E & W), normal Word .doc £15.98 inc VAT Buy Now
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Grazing Agreement (Scot), normal Word .doc £15.98 inc VAT Buy Now
Grazing Agreement (Scot), advanced Word .dot £23.97 inc VAT Buy Now

Further Information

England & Wales:

This short term Grazing Agreement can be used in England and Wales for a fixed period of two years or less where the permitted purpose is restricted to the trade or business of grazing livestock such as horses, cattle or sheep owned by the tenant. In view of its short term, the tenant takes the fences and other fixed equipment on an "as is" basis with neither party being under any obligation to maintain or repair and the rent is not reviewable.

The tenancy granted under the Grazing Agreement is a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 and it is very important that both landlord and tenant give each other a statutory notice before either sign the agreement (or the tenancy begins, if earlier). An appropriate pre-tenancy notice is included in the package - a Notice of Intention to Create a Farm Business Tenancy Notice (an FBT Notice).

If appropriate notices are not given, the tenant could claim security of tenure - the right to remain in occupation of the land indefinitely even though the agreed period of the tenancy has ended.

Scotland:

This short term Grazing Agreement can be used in Scotland where the permitted purpose is restricted to the trade or business of grazing livestock owned by the tenant. Under Scottish law, a grazing let cannot exceed 364 days. In view of its short term, the tenant takes the fences and other fixed equipment on an "as is" basis with neither party being under any obligation to maintain or repair and the rent is not reviewable.

The Landlord can pre-let a series of < 364 day grazing agreements (e.g. February to October in 2006, 2007, etc) but there must be a break between each one of at least one day when the tenant actually does vacate the land. It is essential to get professional advice to avoid such an arrangement being construed as a Short Limited Duration Tenancy or a Limited Duration Tenancy involving the landlord in onerous repairing etc. responsibilities.

No pre-tenancy notices are required in Scotland.

Sample

You can view a sample online of a completed Grazing Agreement by following this link for the England and Wales version: View Sample or this link for the Scottish version: View Sample.

These documents are also available as part of a Property Annual Subscription (£70.50) or Full Annual Subscription (£199). These subscriptions give you access to a wide range of documents, packages and forms for a single annual discounted fee.

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