The importation of soil and use of farmland for landfill have become increasingly contentious issues in agricultural tenancies.
As both environmental regulation and commercial pressures intensify, disputes between landlords and tenants over these practices are on the rise.
This article is intended to provide a summary overview for both landlords and tenants, highlighting key legal issues and references.
Key legal issues
Under the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995, tenants generally require the landlord’s consent to alter the character of the holding, which can include importing soil or using land for landfill.
Disputes often arise where tenants seek to improve land or generate additional income through landfill operations, while landlords are concerned about long-term liabilities, contamination, and breaches of planning or environmental law.
Disputes between landlords and tenants – rights of access and consent
Often, the issues of “access” becomes a primary point. For example, a Tenant may wish to undertake sampling and testing, or even remediation.
On the contrary, a Landlord/Owner will likely wish to inspect and to examine, to assess the potential detriment and to decide whether there are broader implications for the tenancy or for the devaluation of the land.
The case of Rees -v- Earl of Plymouth (2001 – Court of Appeal) is instructive.
Here, the Court of Appeal considered the competing rights of access. The starting point should always be a standard and sensible interpretation of the relevant tenancy terms.
Essentially, what scope of access is permitted and for what purposes?
As a further point of clarification, there is also a balance to be achieved between the tenant’s right to quiet enjoyment and exclusive possession, as against the landlord’s reasonable right to inspect.
In older tenancies, there is often contention as to the issue of “good husbandry”. This is sometimes a subjective point of dispute which can affect the right(s) of access and inspection.
Environmental and planning considerations
The Environmental Protection Act 1990 and the Landfill (England and Wales) Regulations 2002 impose strict controls on waste activities, including soil importation.
Both landlords and tenants can face liability for unlawful landfill, including remediation costs and criminal sanctions. Planning permission is typically required for landfill operations, and failure to obtain it can result in enforcement action.
The Environment Agency will often welcome an early report or notification. There may also be retrospective (and unexpected) liabilities to consider for Landfill Tax.
Practical guidance
- Landlords – Ensure tenancy agreements clearly address soil importation and landfill situations, including consent requirements and indemnities for environmental liabilities.
- Tenants – Seek written consent before commencing any soil importation or landfill activity, and ensure compliance with all regulatory requirements.
- All – Secure clear and certain terms regarding competing right of access and inspections, particularly for specific purposes and circumstances.
The importance of early legal advice in landfill-related disputes
With increasing scrutiny from regulators and evolving case law, both parties must stay informed and proactive.
Disputes in this area are complex, often involving overlapping property, contract, and environmental law issues. Early legal advice and clear documentation are essential.
Curious about how these issues might affect your agricultural tenancy? Please contact our specialist Team at Dyne Solicitors, with expertise in these overlapping areas of Litigation, Environmental Disputes and Agricultural tenancies.
Alex Sandland, Catherine Gregson or Patrik Jones-Wright will be happy to assist you.