Smiths Gore | Agricultural Rent Database 2012

Agricultural rents rose by 25% in 2011 Smiths Gore Agricultural Rent Database 2009-2011 Information from 1,200 rent settlements covering 334,000 acres

April 2012 smithsgore.co.uk

Agricultural rent database

This review provides details of the average rents agreed at rent reviews, re-lettings and new lettings in the 12 months to 31 October 2011, alongside a review of over 1,200 between November 2008 agreements covering 334,00 acres settled in the last three years (b and October 2011).

Our database now contains details of over 1,700 agreements since 2007, covering over half a million acres in England, Scotland and Wales. It is one of the most comprehensive databases available in Great Britain.

Please note that the rents shown are averages and that there can be considerable variation in rent either side of the average depending on the location and quality of the holding and its fixed equipment. Some rents have dropped, usually when properties are taken out of the tenancy agreement, and others increased by well over 100%. This analysis focuses on what might therefore be described as trends.

Our surveyors use the database as a source of information when they are conducting reviews.

Demand for farm land for rent remains very strong, due to competition between farmers seeking to expand and spread fixed costs.

If you are a landowner, landlord, tenant or are looking to contract or share farm land, please contact our local team to discuss the options available to you. They can advise you on the best course of action to suit your circumstances and can then implement it. They will also have details of land in your locality that is available to rent. Their contact details are at the back of this report.

Rupert Clark Petworth office Head of Rural Practice 01798 345999 rupert.clark@smithsgore.co.uk Simon Blandford Winchester office Head of Farm Management 01962 857405 simon.blandford@smithsgore.co.uk

Rents that were reviewed in the year to 31 October 2011 rose by an average of 25%, and the outlook for future reviews is good too.

Rent reviews: Average percentage increase achieved (all farm and tenancy types) 35% 30% 25% 20% 15% 10% 5% 0% 2009

2010

2011

2009-2011

Year to 31 October AHA

FBT

Scottish Tenancies

Overall average

2009 to 20111 21% average increase

Growth by farm type 2011 Strong rental growth in all farming sectors

Rents for all types of tenancy agreed in the 12 month period to 31 October 2011 increased by an average of 25%. This is greater than in 2009 and 2010. Due to the diversity of farms there is considerable variation in the rents agreed, as illustrated by the graph below which shows the rent agreed at each review in pounds per acre.

The average increase in rent settlements in the last three years has been 21%.

For the average sized farm in the database, this has meant an increase in rent of £3,500 a year– so just over £10,000 over a three-year rent review cycle.

Arable and livestock rents increased the most. The average increase in dairy rents topped 20% for the first time since we began gathering data in 2007.

All sectors have experienced increases, with the largest being in the arable sector. Mixed farms and dairy farms have experienced the lowest average increases over the three year period.

New rents agreed by farm type in year to October 2011

New rents agreed by farm type 2009-2011

Whilst commodity prices have softened from recent highs, the medium term outlook for reviews remains positive.

Old rent (£/acre)

Percentage change

Number of reviews

Area reviewed

£74

£63

21%

29

5,447

£94

Arable Dairy

£68

Livestock Mixed

New rent (£/acre)

Overall average

£72

£79

£68

31%

£51

137

30%

£63

119

15%

£62

117

25%

406

28,585

Arable

28,300

Livestock

92,971

Overall average

New rent (£/acre)

Old rent (£/acre)

Percentage change

Number of reviews

Area reviewed

£71

£62

15%

144

30,131

£87

Dairy

30,362

£48

Mixed

1

£67

£68

£68 £39

£58

£56

26% 24%

16% 21%

312

59,772

397

160,003

1,234

334,029

315

75,209

“2009 – 2011” and “last three years” relates to the period between 1 November 2008 and 31 October 2011

Distribution of rents agreed in year to 31 October 2011 180

New rent (£/acre)

160 140 120

Arable

100

Dairy

80

▲ Livestock

60

Mixed

40 20 25

50

75

Lowest rent to highest rent (excluding the top and bottom 5%)

100

Lower Upper Median quartile quartile £67

£80

£105

£35

£63

£81

£68 £35

£75 £66

£85

£76

The top 25% of arable rents are all over £105 per acre Dairy rents are in a relatively narrow band between £68 - 85 per acre (this is the middle 50% of rents) Livestock rents are the most variable - due to the quality of grazing and buildings Some rents for mixed holdings are now greater than £100 per acre

Growth by tenancy type 2011 Strongest increases for FBTs

2009to 2011Livestock farms have highest percentage increase for each tenancy type

Farm Business Tenancy rents rose by 33% as rent review clauses in the tenancies allow rents to be revised to current open market levels. Agricultural Holding Act rents rose by 20% reflecting the less open market nature of reviews under this type of tenancy.

Scottish rents increased by an average of 15%, at least in part affected by the Moonzie Case (See Scottish View).

A considerable difference remains between national average Farm Business Tenancy rents and Agricultural Holdings Act tenancy rents, of nearly £25 per acre. Overall Farm Business Tenancy rents have increased by 26%, compared with 20% for those of Agricultural Holdings Act tenancies. Across all types of tenancy, livestock farm rents increased the most in percentage terms.

New rents agreed by tenancy type in year to October 2011

New rents agreed by tenancy type 2009-2011

For Agricultural Holdings Act and Scottish tenancies, these rates of increase are consistent with the three year average. However, Farm Business Tenancy rental growth during the last 12 months has been significantly higher than in the years to October 2009 and 2010, influenced by the strong results from recent open market lettings.

Percentage change

Number of reviews

Arable

£80

£64

25%

74

Livestock

£69

£59

21%

33

Mixed

AHA average

FBT

£68

£73

£64 £60

£62

25% 14%

Livestock

£93

£66

42%

Mixed

FBT average

£89

£98

£64 £79

£71

18%

£37

£34

15%

£62

34

AHA average

50,776

5,626 5,850

8%

13% 25%

5

648

21

14,180

36

17,231

9

406

2,206

n/a means either no or too few reviews carried out to show reliable data; Scottish tenancies includes 1991 Act / SLDT / LDT / Statutory Landholdings

2

£66

£56

£56

16%

87

17%

182

20%

558

36,927 16,909 44,955 50,177

152,109

£77

31%

140

Livestock

£78

£58

33%

119

18,102

26%

402

60,551

9%

20

Mixed

£81 £84

£90

£70 £75

£71

15%

36

15%

88

20,881 5,603

13,063

Arable

£83

£75

12%

Livestock2

£23

£20

17%

114

70,323

£28

15%

187

91,990

Mixed

Scottish average

Overall average

92,971

£66

£64

£103

Dairy

1,762

£73

Area reviewed (ac)

Arable

Dairy

Scottish average

£79

119

n/a

Livestock

Overall average

25%

n/a

18%

£39

£40

n/a

£21

£44

£49

Mixed

FBT average

£24

Mixed

Livestock

23,497

£76 n/a

7,196

3,488

158

£82 n/a

163

Dairy

33%

Arable Dairy

22%

9,982

52

Number of reviews

£60

57 11

40%

Percentage change

£73

22,305

15%

£73

Old rent (£/acre)

Arable

74

198

£112 £74

17

20%

Arable Dairy

Scottish Tenanices

£77

New rent (£/acre)

17,786

Scottish Tenanices

AHA

Dairy

Area reviewed (ac)

AHA

Old rent (£/acre)

FBT

New rent (£/acre)

£39 £43

£32 £68

£36 £38

£56

8

14% 21%

44

1,234

Scottish livestock rents per acre are lower than in England as the average farm size is much larger in Scotland

1,795 7,580

11,966

334,029

2009 to 2011 Eastern and northern England top rises

Western England & Wales (SW,WM&W)

Dairy

Livestock Mixed

Region average

Old rent (£/acre)

£85

£72

£82 £62 £91

£81

£59 £52 £78

£62

26%

49

Area reviewed (ac) 8,942

23%

6

3,647

Percentage Number of change reviews 20% 18%

24%

4 8

67

1,030 2,281

15,900

Arable

£106

£73

38%

60

15,661

Mixed

£85

£71

19%

25

12,074

5

643

Livestock Region average

£57

£96

£42 £70

33% 32%

Arable

£103

£80

15%

Livestock

£69

£58

23%

Dairy

Mixed

Region average

£75 £91

£76

£63 £70

£62

Arable

£82

£76

Livestock

£24

£21

Dairy

Mixed

Region average

n/a

£44

£37

n/a

£39

£34

20% 36%

7

92

1,548

6

1,474

41 69

n/a

n/a

13%

9

18% 15%

5

11

2,673

18

Livestock

£93

£65

44%

44

Mixed

Region average

England, Scotland & Wales

£68

£78

£79

£61

£63

£62

n/a means either no or too few reviews carried out to show reliable data NB These figures are based on all reviews, and so include a range of tenancy types

11%

24% 25%

n/a

17,231

31% 23%

648

36

£66 £63

9,632

14,180

£86 £73

5,690

21

Arable Dairy

29,439

13

23% 8%

1,703

2,206 2,690 3,081

69

12,327

406

92,971

142

20,770

East Midlands and Yorkshire (EM&Y&H)

Arable

New rent (£/acre)

New rents agreed by region and farm type 2009-2011

Scotland

Scotland

Northern England (NE&NW)

Eastern England (SE&E)

East Midlands and Yorkshire (EM&Y&H)

New rents agreed by region and farm type in year to October 2011

Northern England Eastern England (NE&NW) (SE&E)

Rents have risen in all regions, with the highest rises in eastern England, on arable farms and also livestock farms in western England and Wales.

Western England & Wales (SW,WM&W)

Growth by region and farm type 2011 Eastern England rents increase the most

Arable Dairy

Livestock Mixed

Region average

New rent (£/acre)

Old rent (£/acre)

£80

£66

£75 £59 £71

£73

£59 £50 £62

£60

Percentage Number of change reviews 23%

126

20%

14

22% 15%

21%

12

Area reviewed (ac) 20,375 2,271 4,581

41

10,883

193

38,109

Arable

£103

£77

31%

111

26,756

Livestock

£52

£40

30%

16

2,912

Region average

£93

£73

27%

182

17%

60

Dairy

Mixed

n/a

£84

n/a

£72

n/a

19%

n/a 42

Arable

£91

£71

24%

Livestock

£53

£42

27%

139

24%

252

9%

20

Dairy

Mixed

Region average

£71 £64

£63

£61 £51

£51

23%

17 26

n/a

17,277

51,667 4,436

10,096 49,762 9,792

75,959

Arable

£83

£75

12%

Livestock

£23

£20

17%

114

70,323

£28

15%

187

91,990

14%

51

Dairy

Mixed

Region average

£39 £43

£32

£36 £38

14%

8

44

Arable

£79

£65

25%

Livestock

£67

£56

29%

114

19%

420

Dairy

Mixed

Region average

England, Scotland & Wales

£80 £70

£73

£68

£71 £61

£63

£56

15% 21%

50

162

1,234

1,795 7,580

11,966 6,410 9,512

32,424 25,291

76,305

334,029

The effect of houses and farm buildings

The effect of land quality – premium rents for premium land

Over the last three years, equipped holdings have continued to yield higher rents than bare land lettings, with a greater premium for Farm Business Tenancies compared with Agricultural Holdings Act tenancies.

Soil quality has a significant influence on rents; higher quality land commands higher rents. This is true for all tenancy types and is not surprising as rents are generally linked to the holdings’ productivity. Rents for Grade 1 and 2 land have risen the most in percentage terms over the last three years. Average Grade 1 rents are now 47% higher than Grade 3, compared with 28% before these reviews were undertaken.

Bare land Equipped land

Tenancy type

Arable

Dairy

Livestock

Mixed

Overall average

AHA

£77

£52

£39

£56

£62

AHA

£85

£72

£60

£70

£71

FBT FBT

£98 £138

£84 £83

£74 £97

£72 £93

£87 £102

Rental values of equipped holdings are affected by the quality and quantity of buildings available. Over the last three years, rents on poorly equipped holdings have remained lower than those on well or averagely equipped holdings, although they have seen slightly higher levels of growth in percentage terms.

New rent (£/acre)

Old rent (£/acre)

Percentage change

Number of reviews

Well equipped

£73

£60

18%

169

Poorly equipped

£56

£45

21%

171

Averagely equipped Overall average

£65 £65

£55 £54

20% 20%

Area reviewed 67,836

333

123,333

680

255,550

63,118

New rent (£/acre)

Old rent (£/acre)

Percentage change

Number of reviews

Area reviewed

Grade 1

£105

£78

31%

40

15,078

Grade 3

£72

£61

20%

754

158,067

Grade 2 Grade 4 Grade 5

Overall average

£89 £46 £12

£68

£69 £38 £10

£56

25%

126

22%

177

22%

21%

75

1,234

27,025 50,272 77,658

334,029

Scottish View Our analysis shows lower rental increases in Scotland compared with the rest of the United Kingdom. In our view, this is largely due to the current lack of a workable system for the resolution of rental disputes. In the event that landlord and tenant cannot agree a rent review, it is necessary to make an application to The Land Court. As discussed overleaf this has proved to be unpredictable, expensive, and slow. Landlords and tenants have generally been very reluctant to use The Land Court, resulting in lower rents being agreed than might be expected in order to avoid litigation.

Latest on the treatment of Single Farm Payment in Scottish rental calculations Latest ruling in Morrison-Low v Paterson

On 9 February 2012, The Court of Session issued its ruling on the Moonzie Farm rent review case, which overturns the earlier Land Court decision and referred the case back to the Land Court with the instruction to set a rent between ÂŁ60 and ÂŁ65 per acre for Class 3 land. This has significant implications for landlord/tenant relations as the result is a doubling of the rent originally awarded by The Land Court.

The Court of Session stated that The Land Court had incorrectly ignored the existence of Single Farm Payment, and confirmed that the best evidence to be used in determining rents is "open market rents". In the absence of open market evidence of lettings under 1991 Act tenancies, evidence of open market lettings under SLDTs and LDTs is admissible with suitable adjustment for the terms of the letting. Evidence of agreed rents with sitting tenants and farm budgets is of secondary importance.

While this case has clarified the basis of rental calculation, and will be very useful guidance to those involved in agricultural rent reviews, it remains unsettling that it was necessary for the parties to wait over three years for a ruling and spend thousands on legal fees to achieve a result. There will be further lobbying for reform of the law and process applicable to rent reviews.

Looking to the future, the Moonzie case will undoubtedly give some encouragement to landlords considering issuing rent review notices this spring. Most reviews will still be agreed by negotiation, but there will now be greater clarity over the legal process.

Robert Gladstone Dumfries office Partner 01387 274395 robert.gladstone@smithsgore.co.uk

English view Our experience over the past year

The outlook for 2012 & 2013 Should I serve a rent review notice this spring?

2011 was another busy year for agricultural rent reviews, both in terms of negotiating new rents and the serving of rent review notices. In my experience there is general acceptance that rents are rising across all agricultural sectors, albeit some more than others.

This is not a straight forward question to answer. It very much depends on the current rent passing, how you expect the sector’s profitability to change over the next 12 months, and your attitude to risk!

For Agricultural Holdings Act and Scottish 1991 Act tenancies, the sector’s profitability is particularly important, as the link between agricultural economics and rents is stronger.

Many Agricultural Holdings Act tenancy rents are now being reviewed for the second time since rent review activity increased in 2007. Factors such as the holdings’ productive capacity have been agreed relatively recently and so negotiations now focus on current agricultural economics, and how evidence of comparable rents should be used to help determine the holdings’ new rent.

The sector commentary below shows that over the last six months typical profitability has improved in many sectors (green traffic lights). However, the situation in livestock sectors with a high dependency on compound feed has been less positive, although output price rises have helped compensate to an extent.

On most farms, the majority of the rental increase is due to improved profitability, although there are also a number where the rent has not been reviewed for some time and the value of the farmhouse and cottages may still not be fully reflected in the rent.

As the industry continues to diversify and restructure, new issues are emerging for consideration at rent review. We have several cases where we are needing to revise our approach to the rent review of dairy farms as farmers have ceased milking as they can make more profit by focusing on rearing dairy replacements. There are also cases where tenants have sought landlords’ consent to install renewable energy technology or boreholes, and the effect that this income has on rent needs careful negotiation.

In relation to Farm Business Tenancies, we are still seeing very strong rental growth at review, and a very competitive market for new lettings resulting in significant uplift in rent when compared with what was being yielded previously.

Arable On-going volatility in output and input prices. World demand and weather factors still dictate prices but trading prospects generally look favourable.

Dairy Moderate improvement in general trading position – recent milk price rises are helping. Key determinant of profit remains total cost of production. Volatility of world feed stock prices remains a concern.

Beef Lower supply has seen prices improve with growing domestic and export demand. The national suckler herd remains in decline and store prices are likely to remain strong. Feed price volatility remains principal concern.

Sheep Record price levels seen in 2011 and prospects look strong. Supply likely to improve through 2012 but high prices will limit flock expansion plans.

Pigs & Poultry Generally, improving demand has seen growth in market and improved prices. Volatility in feed costs (which account for 2/3rds of cost of production) has eroded profitability.

Stephen Spencer Lichfield office Partner 01543 266403 stephen.spencer@smithsgore.co.uk

Simon Blandford Winchester office Head of Farm Management 01962 857405 simon.blandford@smithsgore.co.uk

Contacts If you would like to discuss rent reviews or options for letting land, please do not hesitate to contact us: Robert Gladstone Scotland

Philip Coles North

David Goodson East Midlands and Yorkshire & Humber

Stephen Spencer West Midlands and Wales

Rupert Clark South East and East of England

Charles Dixon South West

01387 274395

01325 370511

01733 559306

01543 266403

01798 345999

01392 294892

robert.gladstone @smithsgore.co.uk

philip.coles @smithsgore.co.uk

david.goodson @smithsgore.co.uk

stephen.spencer @smithsgore.co.uk

rupert.clark @smithsgore.co.uk

charles.dixon @smithsgore.co.uk

To discuss the sale or purchase of agricultural land please contact: Giles Wordsworth National Head of Farm Agency 01865 733302 giles.wordsworth@smithsgore.co.uk

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