Suzie Horne

A careful approach is needed where a landlord wants to regain vacant possession of farmland or a tenant wants to surrender the tenancy so that, ideally, the legal and tax outcomes suit both parties. The landlord will want to be confident that vacant possession can be obtained smoothly and the tenant will want financial recognition that they are giving up something of value.

Following a 10-day trial costing each side an estimated £350,000, the Honourable Mr Justice Michael Green said in his judgment: “It is unfortunate to say the least that this case has had to come to trial and could not be settled out of court.

Relatively few farmers and landowners have yet had to grapple with the concept of water neutrality, but in parts of Sussex it has been a component of planning applications for several years. Water neutrality requirements were introduced in five local planning authorities in Sussex in 2021, following concern by Natural England (NE) that a protected site on the river Arun was being damaged by water abstraction.