youngsRPS Rural Brochure - Flipbook - Page 35
Regaining possession may not be as straightforward as
expected, particularly where the occupier has
established a long period of residence.
Temporary arrangements that become
permanent
Short-term or ad hoc lettings can, over time, evolve
into long-term occupations. Without documented
terms covering rent, duration, or responsibilities, these
arrangements may gradually take on the characteristics
of more secure tenancies, limiting flexibility for the
landowner.
Properties let below market value
Letting cottages at a reduced rent is often done for
good reason, whether to support former employees or
maintain goodwill within the community. However,
without a clear mechanism for review, these
arrangements can become financially restrictive.
Adjusting the rent at a later stage may prove more
difficult than anticipated.
Unclear links to employment or the
farm business
In some cases, occupation of a property may have
originally been linked, formally or informally, to
employment on the farm. Where this relationship is not
clearly documented, it can be difficult to establish the
basis on which the property is occupied, particularly if
the working relationship changes or ends.
Identifying Potential Exposure
Many of these situations arise not from poor
management, but from arrangements that were entirely
reasonable at the time they were made. Nonetheless,
under a more regulated system, certain features may
increase exposure to risk:
No written tenancy agreement
No clear record of when the arrangement began
Lack of defined terms regarding rent, repairs, or
duration
Long periods of uninterrupted occupation
Assumptions about flexibility that are not legally
documented
Where these factors are present, it is worth considering
whether the current arrangement would stand up to
scrutiny under a more formalised legal framework.
increasingly difficult to manage. Landowners may find
that regaining possession of a property takes
significantly longer than anticipated, particularly where
there is no clear, documented basis for occupation.
Likewise, the absence of agreed terms can make it more
challenging to review rents, enforce repairing
obligations, or respond to changes in the needs of the
holding. As the provisions of the Renters' Right Act
2025 are brought into force, these issues are likely to
become more pronounced, with greater emphasis
placed on compliance and evidential clarity. In effect,
arrangements that have previously relied on flexibility
and goodwill may, over time, become more restrictive
and harder to manage in practice.
A Sensible Time to Review
The reforms aim to improve consistency and security in
the private rented sector, but for informal
arrangements they reduce flexibility and increase the
importance of clear documentation. From 1st May
2026, new grounds for possession will come into force,
making this a timely opportunity for landowners to
review their position. This should include identifying
who is in occupation, on what basis, and whether
current arrangements reflect long term intentions for
the property. In many cases, formalising agreements
can provide clarity and protection for both parties
without materially changing the relationship.
Moving Forward
For farms and estates with residential property,
informal lettings have often provided a practical
solution, but as the legal framework continues to
evolve, relying solely on informality can carry increased
risk. Taking early advice and putting appropriate
agreements in place helps ensure arrangements remain
fair, workable and aligned with the wider objectives of
the holding, supporting flexibility with a structure that
reflects modern tenancy law.
Check out our Rent Reform Act 2025
Guide for Landlords:
Let us simplify the Rent Reform
Act for you with our Guide for
Landlords. Up to date
information, key dates and
information on possessions.
In situations where informal arrangements are left
unaddressed, the practical consequences can become
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