Government to appoint Commissioner to the tenant farming sector

The Agricultural Landlord and Tenant Code of Practice for England (the Code) was published on 8 April 2024. We previously prepared an article with an overview of the Code and how it is intended to help landlord and tenant relationships. You can read the full article here - The new Agricultural Landlord and Tenant Code of Practice: what will it cover and how will it help?

Food Security and Rural Affairs Minister Daniel Zeichner has now confirmed there will be a Commissioner appointed for the tenant farming sector in England. This role is the first of its kind in England and it is hoped will help to improve relationships and collaboration between tenant farmers, landowners and advisors.

The appointment of a Commissioner will provide a neutral point of contact for all parties in the sector who have concerns about poor conduct helping to facilitate collaboration and solutions for all parties.

The Commissioner will be appointed by Defra through an open competition process with the aim being for them to be in post by spring next year. 

The Commissioner's responsibilities will include: 

1. To support good relations between agricultural landlords and tenants by promoting the voluntary Agricultural Landlord and Tenant Code of Practice for England across the sector.  
2. Be a confidential and neutral point of contact for tenants, landlords and advisors who have concerns about unfair or poor practice in the sector and complaints that the Code of Practice is not being followed. The Commissioner will investigate concerns and complaints with the aim of resolving issues in a confidential and collaborative way before they escalate further. Where concerns or complaints cannot be resolved, the Commissioner will signpost sources of further professional advice as appropriate.  
3. Sharing sources of professional advice and raising awareness of the full range of formal and alternative dispute resolution options available. This may also include working with the Farm Tenancy Forum and arbitration appointing bodies.
4. Working in collaboration with the Farm Tenancy Forum to develop any further specific guidance and codes of practice for the sector which add value or fill a gap.  

The Commissioner will not have statutory powers to issue penalties or publicly identify poor practices.  However, it is hoped the Commissioner will help to foster cooperation, trust and effective mediation to achieve solutions.  After 2 years, the role of the Commissioner and the non-statutory approach will be evaluated to determine its effectiveness and if statutory powers may be required in the future. The review will be conducted in consultation with the Farm Tenancy Forum. 

We hope this new appointment will encourage further widespread adoption of the Code and aid farming tenants to resolve any disputes with their landlords that do arise.

If you are interested in learning more about this topic or other matters concerning rural land, please contact our experts below, listen to our podcast, or visit our Farms, Estates & Rural Land web page.