The news follows the launch of the Agricultural Landlord and Tenant Code of Practice earlier this year which provides guidance on the standards of behaviour expected from landlords and tenants as well as those providing professional advice in connection with agricultural tenancy matters.
The new Commissioner will be appointed through an open competition process with Defra aiming to make the appointment by Spring 2025.
The NFU agrees that an independent commissioner is needed to provide scrutiny of areas of bad practice and conduct in the sector. Key to this will be early intervention on the part of the commissioner with the relevant parties.
NFU Deputy President David Exwood welcomed the news. He said: “We are optimistic that the Commissioner will help to improve collaboration between tenants, landowners and their agents and, as stated in the announcement, help ensure there is fairness in the tenanted sector.
“The role must be completely independent and without bias to landlords or tenants, and it will be important that clear guidelines are in place to define exactly what the TFC can or cannot do and at what stage they should become involved in disputes.
“The NFU looks forward to collaborating closely with the government to ensure the TFC has the tools needed to make a positive impact.”
Key functions of the TFC
The NFU is hopeful that the commissioner could address issues where land agents, landlords and tenants have not been abiding by the Code of Practice and other codes which may be introduced.
It is not currently possible to raise a complaint about a tenant or a landlord to a professional body.
The NFU believes that the most important functions of a commissioner will be:
- To provide independent scrutiny.
- Delivery of guidance and setting standards.
- To provide a facilitation service.
“The role must be completely independent and without bias to landlords or tenants, and it will be important that clear guidelines are in place to define exactly what the TFC can or cannot do.”
NFU Deputy President David Exwood
Defra has said the Commissioner’s role will look to improve collaboration between tenant farmers, landowners and their advisors, as well as ensuring fairness in the sector, investigating and facilitating solutions to complaints.
The Commissioner will be a ‘trusted and confidential point of contact for tenants, landlords or advisors who have concerns about poor behaviour’, Defra added and will work closely with the Farm Tenancy Forum, providing regular reports and updates, and guidance on how to improve practice for industry and the government to consider.
The impact of the role will be reviewed after two years in consultation with the Farm Tenancy Forum.
Clear guidelines needed
Announcing the appointment, Food Security and Rural Affairs Minister Daniel Zeichner said “tenant farmers are essential to our country’s food production”, adding that he looks forward to “working alongside our new Commissioner, tenants, landlords and the wider industry to boost Britian’s food security and support nature’s recovery”.
The NFU is calling for clear guidelines on the remit of the commissioner, and at what stage they should become involved in disputes. We believe the commissioner should be complemented by a range of other measures to ensure tenancies remain a vibrant part of agricultural businessnes.
