Farming Focus

The UK Government has rejected calls from the cross-party Environment, Food and Rural Affairs (EFRA) Committee to provide a transition period for farmers, growers and agri-food businesses following the introduction of a new UK-EU Sanitary and Phytosanitary (SPS) agreement.

Negotiations on a common SPS area began in November 2025, following commitments made at the UK-EU summit last May.  The Government aims to conclude and implement an agreement in the first half of 2027.  Last month, it mapped out over 60 pieces of legislation across five key areas that would fall within the scope of the agreement.  EFRA had recommended a minimum 24-month implementation period to allow businesses, Port Health Authorities and regulators to adapt through staff training, new systems and revised procedures; particularly given divergence since 2021.

The Government’s position, published on 17^th April, is that the agreement will take effect from mid-2027 as planned (likely to be June).  Rather than committing to a formal transition window, it states only that it “will continue to work with” businesses requiring longer to adjust.  EFRA Chair Alistair Carmichael described this as disappointing, noting that further disruption risks compounding existing pressures.  Trade bodies have echoed these concerns.

There are some constructive elements.  The Government has agreed to seek a carve-out from dynamic alignment on animal welfare regulations to avoid undercutting UK producers, and will evaluate the rollout of the Border Target Operating Model.  It also intends to retain regulatory autonomy on precision-breeding.

The Government’s approach indicates that it has not listened to the industry’s concerns.  A key issue is the availability of Plant Protection Products (PPP).  As we have previously written, UK and EU decisions on active substances, product authorisations and MRLs have diverged since Brexit.  Adopting EU rules at the point the SPS agreement comes into effect creates a cliff-edge for UK farmers.  As demonstrated by the recent report for CropLife UK (see https://croplife.uk/media/bsypavzi/croplife-uk-the-andersons-report-2026.pdf) if key active ingredients are no longer available to UK farmers as a result of dynamically aligning with EU legislation, then losses, in terms of farm profits could be significant (as much as 10%).  There is an extreme scenario where crops are grown using PPP that are completely legal in the UK, but then could not be sold after June 2027 as those products are not authorised under EU rules. 

The Government’s rejection of a 24-month transition period reflects its preference for the SPS agreement to be implemented and established well-ahead of the next General Election.  Whilst there will be significant benefits to some sectors (e.g. meat), a speedy implementation creates risks in others, especially around retrospective alignment.  The Government’s Response to the EFRA Committee report is available via: https://committees.parliament.uk/committee/52/environment-food-and-rural-affairs-committee/news/213157/transition-period-after-ukeu-sps-agreement-rejected-in-governments-response-to-efra-report/

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The Renters’ Rights Act (RRA) 2025 introduces substantial changes to residential tenancies in England.  Many farms and estates rent out ‘cottages’ – either to workers or surplus ones on the open-market – and it is important to understand the changes.

All new tenancies created after the 1^st May 2026 will be Assured Periodic Tenancies (APT).  In addition, all existing Assured Shorthold Tenancies (ASTs) will be converted into APTs from the 1^st May 2026.  Therefore, the Act does not just affect new agreements, it requires action from Landlords of existing tenancies before the end of May 2026.

For existing AST tenancies, with a written agreement, there is no need to have a new agreement drawn-up, but the Landlord must provide Tenants with a Government produced ‘Information Sheet’ by 31st May 2026.  This can be found via The Renters’ Rights Act Information Sheet 2026 – GOV.UK    For new APTs starting on or after 1st May 2026, Landlords must provide Tenants with a written ‘Statement of Terms’ setting out the core terms of the tenancy.  Existing, verbal only, tenancies will also have to have written Statement of Terms provided by 31st May.

The other main changes under the new APT tenancies compared to previous ASTs are;

• Security of tenure has increased.  ‘No fault’ evictions previously available under Section 21 will end.  Landlords who wish to regain possession of their property will have to apply under certain mandatory grounds.  These include non-payment of rent or anti-social behaviour.  Possession can also be regained if the Landlord wishes to sell the property or move themselves or family members in – but not in the first 12 months of the tenancy.  There are also grounds for where the tenant was employed by the Landlord and the property was rented out as part of their employment – this is likely to be the route for employer Landlords to regain possession – see below.
• There will no longer be fixed-term tenancies.  All lettings will be periodic (usually on a rolling monthly basis).  A Tenant will have to provide 2 months notice if they wish to end the tenancy.
• Rents can only be increased once a year – two month’s notice of an increase must be provided on a prescribed form.  Rent can only be increased to the open-market level and Tenants are able to challenge any increase.
• A maximum of one month’s rent in advance can be charged.
• Tenants have the right to request to keep a pet which cannot be reasonably refused.
• There is a ban on rental bidding.  Landlords and letting agents will no longer be allowed to invite higher ‘bids’ to rent a property.
• There will be rules to prevent discrimination against Tenants with children and those on benefits.

Lettings to Farmworkers

The housing of agricultural workers has always been a little more complicated, even more than other rural workers such as gamekeepers.  This is because if agreements are not set-up correctly an Assured Agricultural Occupancy (AAO) can arise, giving the agricultural worker long-term security of tenure.  For this reason, employers have been advised to avoid Service Occupancies for agricultural workers and use an AST, with the employer/Landlord first serving an Agricultural Notice (Form 9) in advance to avoid the creation of an AAO.  This had allowed employers to gain possession using a Section 21 Notice.

However the Renters’ Rights Act 2025 abolishes the Section 21 ‘no fault’ evictions as from 1st May, meaning it will be more difficult to terminate a tenancy.  But it should be possible to terminate an agreement under Ground 5C – end of employment by the Landlord.  If the Tenant was employed by the Landlord and the property was rented out as part of their employment, the Landlord will be able to use this ground if the Tenant is no longer their employee.  Landlords will need to give 2 months’ notice before they will be able to apply to the court for a possession order.  However, it is important that agreements are set up correctly including a notice, in a prescribed form (‘Form 24’), having been served on the Tenant before the tenancy commences, stating it is to be an APT – Form 9 notices to prevent the letting being an AAO, already served for existing AST tenancies, also remain valid.

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