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Reactions to lease policy are mostly positive

25 March 2019 - Anne Jan Doorn - 2 comments

The reactions to the lease policy of Minister Carola Schouten (Agriculture, Nature and Food Quality) are mainly positive. The most positive response comes from the Association of Land Tenants and Own Land Users (BLHB) and the Dutch Agricultural Youth Contact (NAJK), while the Federation for Private Land Ownership (FPG) makes a number of critical notes.

The BLHB is cautiously positive about the new lease policy from Minister Schouten. In its policy, it opts for long-term relationships, healthy soil and young farmers. In addition, regular leases will not be phased out, which fits well with the wishes of the BLHB. Discouraging short-term leases is also positive, according to the organization. According to them, it is also important that the minister states that it is necessary that long-term lease agreements are concluded.

Based on the above, it is no longer an obstacle for the BLHB to take the lease forms from the Spelderholt agreement as a basis. This is because it was insurmountable for the tenants that in that agreement there was talk about the phasing out regular lease and allow the unrestrained increase of short-term leases. Now that Schouten agrees with the BLHB on these points, there is no longer any obstacle to taking the forms of lease (such as career lease) from the Spelderholt agreement as a basis.

Sustainable soil management
The lessees, on the other hand, question the fact that they want to give the lessees more options to set a condition for sustainable soil management. "Developing these parameters will be difficult, because the soil type, soil structure and/or the available water management differ per plot. This can lead to excessive requirements. The legal feasibility and interpretation of this point is also questionable," the BLHB said in a statement. know a statement.

The lessors applaud this point, as the GIF know. "The fact that no conditions can be set for land use in the current legislation for regular lease contracts is an important reason for many lessors to opt for liberalized lease."

Long-term lease
The FPG is also content with the new, long-term lease. This is mainly because lessors and tenants are given more freedom to agree on prices, duration and requirements regarding soil quality. In addition, the FPG is also positive about the introduction of career leases.

This form of lease must last at least 25 years, with the term being adjusted to the age of the tenant. As a result, the lease form ends around reaching the state pension age. Both the FPG and the BLHB support this lease form, which means that there no longer seem to be any obstacles to the introduction of this form.

Nevertheless, the undertone of the lessees is slightly less positive than that of the lessees, which is mainly due to the discouragement of short-term leases. The fact that short-term lease forms will be an exception in the future has been misguided by the FPG. According to the FPG, the widest possible range of various lease forms should remain. This is because otherwise there will be less supply of available leased land.

Skeptical about soil quality
The NAJK is mostly satisfied with the minister's policy, because it is beneficial to young farmers. It is important for the NAJK that the minister opts for long-term security and does not want to interfere with regular leases. "This is reassuring for the continuity of lease companies, because they can look to the future with confidence," Marije Klever, member of the executive board and responsible for the lease file at the NAJK, said in a statement.

On the other hand, NAJK is skeptical about capturing soil quality in a key figure. The biggest challenge, according to the young farmers, is to give practical meaning to this. The BLHB also announced this earlier. 

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Anne-Jan Doorn

Anne Jan Doorn is an arable expert at Boerenbusiness. He writes about the various arable farming markets and also focuses on the land and energy market.
Comments
2 comments
jpk 26 March 2019
This is in response to it Boerenbusiness article:
[url=http://www.boerenbusiness.nl/grond/ artikel/10881797/reactions-op-pachtbeleid-overwegend-positive]Reactions to leasehold policy predominantly positive[/url]
A good government has no control over lease matters. Leave this to the professional sector
Frits 26 March 2019
It's great that regular leases for pensioners will probably come to an end, which means that under lease will be banned. The same should happen with the so-called Hobby farmers.
The lease policy was introduced at the time as social legislation and in my opinion is no longer of this time. As modern entrepreneurs, tenants are perfectly capable - without government intervention - of reaching good and fair agreements with lessees.
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