Олександр Сич
August 20, 2026
The automatic one-year extension of agricultural land lease agreements applied only to agreements that expired between 24 February and 19 November 2022. As of 19 November 2022, this provision has been repealed: any agreement that expired after that date is terminated, and the tenant is using the land without legal grounds. An existing agreement may be terminated early through the courts on the grounds of systematic non-payment of rent or the use of the land for purposes other than those intended (Article 32 of the Law ‘On Land Lease’, Article 141 of the Land Code).
So many rumours have circulated regarding the leasing of land shares over the years of the war that owners often do not know the most important thing: whether their contract is still valid or not. Tenants take advantage of this: they continue to cultivate the land, citing ‘automatic wartime extension’, even though for most contracts this has long since ceased to apply. Let’s break it down by dates to see what the situation actually is with your contract, how much the tenant should pay, and how to part ways with someone who is breaching the terms.
Situations can be mirror images of one another, so this article is useful for both parties; if you require assistance with a specific dispute, please visit our services page: land law solicitor.
The main question: is your contract still valid
Check the expiry date of the contract:
| When did the contract expire | What happens to it in 2026 |
|---|---|
| From 24 February 2022 to 19 November 2022 | It was automatically renewed for one year without the consent of the parties (emergency provision under Section X of the Land Code). That additional year has also long since expired — see below to check whether the contract was renewed |
| After 19 November 2022 | Automatic renewal was no longer in effect (Law No. 2698-IX abolished it). The contract terminated on the date specified therein, unless the contract itself contained a renewal clause |
| The term is still ongoing | The contract is valid; early termination is possible only by mutual agreement or through the courts on the grounds of a breach |
Please check the text of the contract itself: many standard contracts contain a clause providing for automatic renewal for the same term if neither party has objected one month before expiry. If such a clause exists and you did not submit an objection in time, the contract may have been renewed under civil law (Article 764 of the Civil Code, Article 33 of the Law ‘On Land Lease’) — without any reference to ‘martial law’.
The tenant is using the plot without a valid contract
This is the most common situation in 2026. Your options:
- Request an extract from the State Register of Property Rights: check whether the leasehold right is registered and until what date.
- Send the tenant a written demand to vacate the plot and return it by way of a handover certificate (Article 34 of the Law ‘On Land Lease’ requires the return of the plot upon termination of the agreement).
- For actual use without a contract, claim the funds retained without justification (Article 1212 of the Civil Code) — the courts will recover them in the amount of the average rent for the entire period.
- If the tenant refuses to leave — file a claim for the return of the plot. The registration of the old lease in the register is thereby cancelled.
The agreement is valid, but the tenant is in breach: grounds for termination
Early termination without the tenant’s consent is possible only through the courts (Article 32 of the Law ‘On Land Lease’). Valid grounds:
- systematic non-payment of rent (Article 141 of the Land Code) — in practice, this requires a pattern of non-payment, i.e. two or more periods; a single delay does not constitute grounds;
- use for purposes other than those intended — for example, a quarry or a warehouse on arable land;
- deterioration of the plot’s condition — soil depletion, littering, destruction of the topsoil;
- subletting without consent, if the contract so requires.
Each ground for termination must be documented in advance: bank statements showing non-payment, written demands with proof of delivery, photographic evidence, and soil survey reports. The court assesses the evidence for the period in question, not the emotions expressed at the hearing.
Rent: how much and how to claim it
The amount of rent is determined by the contract, but there are always two levers. The first is indexation: if the contract stipulates rent as a percentage of the standard monetary valuation, recalculate the amount following an update to the standard monetary valuation — it has increased for most plots. The second is the form of payment: payment in kind (grain) is calculated at market prices on the date of payment, and this is precisely where tenants most often try to ‘cut corners’. A request for recalculation and additional payment must be sent in writing; the next step is court proceedings to recover the debt and any penalty charges under the contract.
Common mistakes made by share owners
- Taking ‘automatic renewal’ at face value. After 19 November 2022, it will no longer apply; check the expiry date and the text of the contract, rather than relying on the tenant’s assurances.
- Missing the deadline for objecting to renewal. If the agreement contains a clause on automatic renewal, the objection must be sent within the timeframe specified in the agreement — otherwise, the agreement will be renewed for a new term on the same terms.
- Accepting payment ‘as before’ after the contract has expired. The court may regard the regular acceptance of payments without objection as a de facto continuation of the tenancy.
- Terminating the contract ‘by default’ — ploughing up the field or letting another tenant take over. As long as the leasehold right is registered, this creates a dispute that works against you.
- Signing supplementary agreements without reading them. A classic court case: the owner thought they were extending the contract for one year, but the supplementary agreement stated 10.
When a solicitor isn’t needed
If the lease has expired, the tenant acknowledges this and, following a written demand, returns the plot in accordance with the deed — an extract from the register and a registered letter are sufficient. A solicitor is needed when the tenant claims the contract has been extended and continues to farm the land, when they are paying a pittance for the land without indexation, or when it is necessary to terminate a current contract due to a breach — in such cases, the outcome depends on the quality of the evidence gathered.
Questions and answers
Has my land share lease agreement been automatically extended due to the state of war?
Only if its term expired between 24 February and 19 November 2022 — in that case, it has been renewed for one year. For agreements that expired later, there is no automatic extension under the law; renewal is possible only under the terms of the agreement itself.
The contract has expired, but the tenant continues to cultivate the land. What should I do?
A written demand to vacate the plot and return it in accordance with a handover certificate; and, for the period of use without a contract, recovery of funds unduly retained under Article 1212 of the Civil Code in the amount of the average rent. Next, if necessary, bring a claim for the return of the plot.
Can I terminate a current contract if the tenant pays late?
A one-off delay — no. The grounds for termination are systematic non-payment (Article 141 of the Land Code): two or more payment periods. Document the delays with written demands — these will serve as evidence of systematic non-payment in court.
The tenant pays with grain at below-market prices. Is this legal?
Payment in kind is permissible if provided for in the contract, but the value must correspond to market prices on the date of payment. Undervaluation is grounds for demanding additional payment, and if systematic, for termination.
What should you do if the tenant proposes signing a supplementary agreement?
Read the terms and conditions carefully: a common trap is an extension for 10–15 years at the old rate. You are under no obligation to sign anything; upon expiry of the contract, you have the right to select another tenant on market terms, taking into account the current tenant’s right of first refusal where offers are equal (Article 33 of the Law ‘On Land Lease’).
Does the tenant’s right of first refusal apply if I want to let my land share to someone else?
Yes: provided the contract is properly fulfilled, the tenant has the right of first refusal to renew on equal terms. However, this does not oblige you to accept a lower rent — if a new tenant offers more, the current tenant must match the offer.
How much does it cost to go to court to terminate or reclaim a land share?
A claim for termination of the agreement is a non-property claim: court fees amount to 1,331.20 UAH in 2026. Debt recovery — a claim relating to property: 1 per cent of the amount, ranging from 1,331.20 to 16,640 UAH. Filing via the ‘Electronic Court’ system — 20 per cent discount; if the case is won, the costs are recoverable from the tenant.
How long does such a case take?
Return of the land share upon expiry of the lease — 4–8 months at first instance. Termination of a current lease for breach — 6–12 months, depending on the volume of evidence and expert reports (for example, soil analysis in cases of land depletion).
Can a leased land share be sold?
Yes, the land market is open to Ukrainian citizens. The lease is not terminated in this case — the new owner becomes the lessor on the same terms, and the tenant has a right of first refusal under Article 130-1 of the Land Code.
An heir has inherited a land share with a ‘perpetual’ contract. Is this contract binding?
The agreement passes to the heir along with the plot of land. However, the heir has the same rights: to check the validity of the agreement by its dates, to demand an index-linked payment, and to terminate the agreement through the courts in the event of a breach.
Sources
- Law of Ukraine ‘On Land Lease’, Articles 32–34 — zakon.rada.gov.ua/laws/show/161-14
- Land Code of Ukraine, Articles 130-1, 141, Section X — zakon.rada.gov.ua/laws/show/2768-14
- Law of Ukraine No. 2698-IX (abolition of automatic renewal) — zakon.rada.gov.ua
- Civil Code of Ukraine, Articles 764, 1212 — zakon.rada.gov.ua/laws/show/435-15
Protecting the rights of a shareholder against the company ‘Svarog’
Send us the contract and its expiry date — we will advise you whether it is valid or not, calculate how much the tenant has underpaid, taking indexation into account, and prepare either a claim for the return of the land share or a lawsuit for termination, supported by evidence that the court will accept. Related services: land law solicitor, pre-litigation dispute resolution, full price list.
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