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Rural: Working in Collaboration

Fri 25 September 2020

We invited Hamish Lean, Partner and Head of Rural Property at Shepherd and Wedderburn, to explain the importance of the relationship between your lawyer and land agent. 

"As a specialist in agricultural law, and regularly advising landlords and tenants in relation to problems arising from agricultural tenancies, in my experience, working in collaboration with a rural chartered surveyor is vital to obtaining a successful outcome for my clients. It seems obvious to say, but as a lawyer, I can provide legal advice on any particular problem, but I am not qualified to advise on the practical and valuation issues that often need to be resolved. A very good example is in relation to the tenant’s improvement amnesty.

Going through the amnesty is a legal process with time limits, formal agreements and statutory notices. However, there is also a very large practical element in respect of surveying the farm, identifying the tenant’s improvements and drawing up a schedule of those improvements. This work is best carried out by a chartered surveyor. Where the professionals who are working together are thoroughly experienced in the sector, this work is done with a high degree of efficiency and represents excellent value for money. To put it simply, they know what they are doing to see matters through to the best possible conclusion having dealt with many similar situations previously. That is also the case in relation to rent reviews and in relation to many other tenancy issues, including sales to the sitting tenant and surrender negotiations where the tenant is giving up the tenancy to the landlord and is looking to obtain the best possible financial settlement for doing so. I have always enjoyed a very good working relationship with Tom Oates and the team at youngsRPS.

That personal connection and understanding, developed through working together in many transactions, helps ensure that we provide an excellent service for our mutual clients."

Hamish Lean
Partner and Head of Rural Property