Grazing Lease for Private, Non-Commercial Use
This Grazing Lease for Private, Non-Commercial Use should be used where the owner of a field wishes to let the field to another person to graze horses or other animals. The Lease grants the Tenant exclusive occupation of the land. This document should only be used where the Tenant is a private individual as opposed to a business occupier.
The Lease creates a common law tenancy. This is a tenancy that does not benefit from the statutory security of tenure available to business tenants, agricultural tenants or residential tenants.
Clause 1 contains definitions. The definition of Premises makes optional reference to a plan. It is recommended that a plan is included, showing the Premises edged red, so that the extent of the Premises is clear.
Clause 2 contains the grant of the Lease.
Clause 3 is an optional clause granting the Tenant a right of access over the Landlord’s adjoining land.
Clause 4 is an optional clause setting out any matters that affect the land, such as wayleaves and covenants, and requiring the tenant to allow entry to the land as necessary.
Clause 5 contains the Tenant’s covenants. These cover payment of the Rent (which is inclusive of any outgoings such as council tax and utilities charges), use, alterations and the Landlord’s right of entry.
Clause 6 contains the Landlord’s covenant for quiet enjoyment (the right of the tenant to use the land without interference from the Landlord).
Clause 7 optionally gives either party the right to terminate the lease before the end of the term by giving notice to the other party. There is also a right for the Landlord to determine the lease for Tenant default.
Clause 8 contains some standard clauses including a requirement for notices (e.g. a notice to terminate the Lease) to be served in accordance with section 196 of the Law of Property Act 1925. This means that notices should be delivered by hand or sent by recorded or special delivery post. If the notice is sent by recorded or special delivery post, service is deemed to occur at the time at which the letter would “in the ordinary course” be delivered.
Optional phrases/clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Grazing Lease for Private, Non-Commercial Use is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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