It was expected that the Agricultural Holdings (Units of Production) (Wales) Order 2024 (“the Order”) came into effect on 7 February 2024.
In order to take on any tenancy governed by the Agricultural Holdings Act 1986 (an “AHA tenancy”) to which succession rights will apply, the deciding tribunal will consider whether the party making the application is already an occupier of a commercial unit of agricultural land. If they are, it is very unlikely that party can succeed to an AHA tenancy.
The Order will prescribe units of production to assess whether that eligible person is an occupier of a commercial unit, or not. A similar order is already in force in England. The prescribed units may or may not be beneficial, depending on which side of the AHA Tenancy application you are on.
It is recommended that professional advice is taken as early as possible whether you are landlord or the party looking to be tenant.