I own a cottage on my brother’s farm which is a separate entity/ownership. I have had the same tenant in the property since 1994 who is on an AST. When he moved into the property he was not a farm worker. For the past 2 or so years he undertakes very part time on my brother’s farm and I think he is on their payroll, he also has full time work at a feed merchants.
A local estate agent has said I have a potential problem because the tenant is now a farm worker as I didn’t get him to sign a form 9, however I don’t employ him and he doesn’t work on my farm – only my brother’s which is a separate trading entity.
Do I have a problem? I am looking to sell the property but need to get my paperwork in order if anything is wrong.
This is a weak subject for us, but we think because the tenancy was granted before the farm work started and because it was an AST granted in 1994. Crucially, the form 9 rules applied from 1997 onwards.
This is the best article we could find on the subject.