TENANT farmers already hard pressed with finishing harvest, preparing fields for new crops, and undertaking delay hedge cutting, now have another headache to cope with.

They, along with their landlords, have only a month from October 1 to get to grips with the new Model Clauses 2015, the conditions which govern aspects of some tenancies, and set in train any arbitration needed to solve problems over liabilities that have been transferred between them.

First introduced in 1948 and only now achieving their fourth update, the Model Clauses have most impact on those holding or granting tenancies under the Agricultural Holdings Act 1986 (AHA) although some Farm Business Tenancies (FBT) also include Model Clauses in their agreements.

As a time and cost saving measure, the new rules also introduce third party dispute resolution in place of arbitration. And despite setting a time limit for the start of arbitration or resolution they do not impose rules as to how long the dispute process should take.

“The Model Clauses need very detailed examination,” says Basingstoke-based Simon Pallett, a rural partner and arbitrator with property consultancy Carter Jonas.

“There are many instances where responsibility for bearing costs or undertaking repairs has moved from the tenant to the farmer, and vice versa.

“Since the last revision in 1988, new technologies have arrived on farms, such as power generation systems, and these are also taken into account.

“There is every likelihood unexpected costs could arise and for this reason both landlords and tenants with agreements that use the Model Clauses, even if in only a small part, need to be familiar with their implications. Seeking early help from their professional advisers would be the best course of action. Delay may prove expensive.”