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ARTICLE · 12 SEPTEMBER 2017

Code Of Practice – Limited Partnerships

Brodies LLP
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Limited partnerships were traditionally used by landlords to avoid granting agricultural tenants security of tenure.

United KingdomReal Estate and Construction

The Tenant Farming Commissioner, Dr Bob McIntosh, released a Code of Practice on limited partnerships today.

Background to Limited Partnerships

Limited partnerships were traditionally used by landlords to avoid granting agricultural tenants security of tenure. The landlord (the limited partner) entered into a limited partnership with the "farmer" (who was the general partner) and then granted a lease to the limited partnership. The landlord/limited partner could terminate the tenancy by dissolving the limited partnership (a notice of dissolution may or may not have been required), which automatically resulted in termination of the lease.

Since 2003, limited partnerships are no longer used. This is because, for leases granted to limited partnerships after 27 November 2003 where the landlord is a partner, the general partner can enforce the rights of the tenant as if the general partner was the tenant in his own right (section 70 of the Agricultural

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