Terms & Conditions

[Martin Giles]

I have a case where applicants rent a farm including farmhouse for a total of £14600 pa. They have submitted a claim for Housing Benefit and declared a rent for the farm house of £6000 pa. The tenancy they have provided is a “Farm Business Tenancy” in accordance with section 1 of the Agricultural Tenancies Act 1995. Having looked at the agreement there appears to be no breakdown specified in it between the land and buildings just a gross rent of the £14600.
The tenant has provided the breakdown for the house themselves. Are they able to claim and if so how should I determine correct split between land and buildings ? Any advice is welcome.

[Anonymous]

They can claim (as long as not tied accom etc.).

In my experience there is often no breakdown provided by the landlord and the rent is for the full package; land, buildings etc.

It is for the La to do the “breakdown” and refer the accom bit to the Rent Office, you may accept the claimants breakdown if you accept that it is reasonable.

[peterdelamothe]

Just dealt with one of these (a takeaway with a flat and not a farm though!).

No problem about claiming for domestic part but the split is the issue. I tend to look at http://www.findaproperty.com for market rental value in the area. You could ask for local estate agent valuations if you wish but you will also have a good “feel” yourself for whether £6K is fair. Its all guess work really.

[Anonymous]

On first reading, Peter, I was wondering how many Agricultural tenancies you had in Camden!!! 😯

[Martin Giles]

Thanks for your help all.

[Author]

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