When you enter into a tenancy you generally expect the terms agreed to endure for the lifetime of the agreement, however landlords and tenants of many rented farms may find themselves having their repairing responsibilities changed without their agreement or even their knowledge, in many cases.
The “Model Clauses” are a set of model repairing obligations for farm tenancies, set by statutory instrument, which apply to many tenancies, particularly those pre-dating 1995.
Guy Sampson of Savills Rural said: “The Model Clauses are being updated for the first time since 1988, which is in itself a good thing as it enables them to keep pace with the change in agricultural fixed equipment; for the first time things such as solar panels and fire alarms are covered, for example”.
Unfortunately, and curiously, the Model Clauses do not clearly allocate responsibility for field drains and silage clamps, which is a missed opportunity as they form an important part of the fixed equipment of many farms. We can only speculate as to whether ministers simply forgot about these items!
Parties do need to be aware that where they apply, the new clauses remove, increase or sometimes switch liability for some items, however.
Significantly, landlords will inherit responsibility for inspecting, servicing and maintaining electrical supply systems in dwellings and buildings.
This has the potential to be quite an onerous responsibility, particularly where tenants (who were previously responsible for maintenance) have failed to carry out their responsibilities. If landlords find they are inheriting deteriorated or dangerous systems their options include:
1. Claiming compensation from tenants (they have one month from 1st October to do this), or
2. Agreeing in writing that the switch in liability will not take place, or
3. Accepting the shift in liability and the associated increased costs.
Sampson again, “In anticipation of this, landlords who will be affected by the change in responsibility might be well advised to have the electrical wiring inspected in their properties before October – this is relatively inexpensive and will flag up whether there is a problem to be addressed.”