Hello. Has the tenant agreed to a formal surrender of the land from his tenancy? Is the tenancy in writing?
he has agreed via email that i can use the land however i like as long as it remains agricultural. i intend to put a few pedigree sheep on it and will have to erect a stock fence and grass the area at considerable cost and am concerned that they will be able to change their mind and not have any control
Thanks. You are right to be concerned. Unless he surrenders the land or you serve a valid notice to quit part (which I doubt would be possible as you want the land for agricultural purposes) you will only have his permission to occupy the land, and he must retain possession in order to claim the SPS. If he won't surrender the land ouf of his tenancy, you could take a subletting of it, but you'd need a written agreement, preferably drawn up by a land agent or solicitor. If the tenant did this, however, he couldn't claim the SPS on that land. If he won't accept this, then your investment would be at risk of the tenant changing his mind, as all you'd have is a licence to occupy.
can i serve notice on an aha86 tenancy agreement