How FBT Rent Reviews Are Assessed
The agreement comes first
FBTs were designed to provide greater flexibility. Landlords and tenants can agree the initial rent and, within the statutory rules, determine how and when it will be reviewed.
Some agreements use open-market reviews, while others use a specified formula or fixed increases.
The statutory open-market test
Where the statutory FBT review provisions apply, section 13 of the Agricultural Tenancies Act 1995 defines the rent by reference to an open-market letting between a willing landlord and willing tenant, taking the relevant tenancy terms into account.
Increases in rental value created through qualifying tenant improvements are generally disregarded. The arbitrator must also disregard the fact that the sitting tenant is already in occupation.
What Evidence Matters in a Farm Rent Review?
A robust assessment starts with the tenancy documents. The review clause, term, repairing obligations, fixed equipment provisions, user restrictions, diversification rights and side agreements establish what is actually being valued.
The holding should then be inspected. Land quality, field size, access, drainage, water, buildings, farmhouse accommodation, livestock facilities, storage and fixed-equipment condition can all affect the analysis.
Comparable transactions should be recent, local and genuinely similar in terms of land type and tenancy package.
Environmental schemes and diversification also need individual consideration where they affect income, obligations or the productive characteristics of the holding.