I’m dealing with an estate and the clients wish to claim agricultural property relief. The deceased owned a 25% share in a farm and had owned it for more than 7 years prior to his death. He didn’t live there and he didn’t farm it. The other owners of the farm are his children who haven’t farmed it either.
I have a query about the occupation and whether this requirement is met:
Tenant A died August 2016.
Notice to Quit was served on B, A’s widow, which gave until February 2018 to vacate the farm. The executors of his estate became responsible for the tenancy including payment of rent.
B gave notice that she would leave the farm in October 2017.
The farm was marketed in September 2017 and in October 2017
A couple of prospective tenants fell through - the final one being in December 2017.
Negotiations began with C in January 2018, which included carrying out certain repairs to both the farmhouse and some of the farm buildings prior to the tenancy.
C’s tenancy began on 1 April 2018, and he commenced farming the land (livestock) at that time. Due to a leak in the property at the beginning of March 2018 and the resulting repairs required, he was unable to move in on 1 April 2018 (an extension to the lease was agreed).
Would the death of the tenant render the estate unable to claim APR?
Has anyone come across this situation before? Would be grateful for any views on this.