Agricultural Holdings Act 1986

Question 1

Schedule which cases for termination of the tenancy are provided

Answer 1

Schedule 3 = Cases where consent of tribunal to operation of notice to quit is not required
and there is no power for a tenant to serve a counter notice

Question 2

Requirements for a valid notice to quit

Answer 2

a) Valid at Common Law
b) must comply with any further contractual requirements contained in the tenancy agreement, and;
c) it must comply with all relevant statutory requirements

clear and unambiguous

Question 3

Generally a notice to quit is subject to?

Answer 3

the ability of the tenant to serve a counter notice on the landlord in writing under the provisions stated in s26(1).
Such a counter notice must be served within 1 month of service of the notice to quit
The 1 month requirement is rigid and inflexible - with no powers to extend

Question 4

Section 27 (3)

Answer 4

Contains the reasons/limited grounds for which a notice to quit may be served.
Under these grounds the tenant may serve a counter-notice.

Question 5

Power of counter-notices if served in response to notice to quit given under reasons stated in s27(1)

Answer 5

The counter-notice, if served within the correct time frame, within 1 month after the receipt of the notice to quit and is appropriate, then it renders the NTQ ineffective - unless the ALT consents to the operation of the NTQ

Question 6

Time limit for contacting the ALT for consent to the operation of a valid NTQ served on one of the limited grounds specified in s27(1)

Answer 6

1 month - being the day of the calendar month - irrespective of no. days/leap years etc.
The application to the ALT must be made in the prescribed form
Unlike time limit for counter-notice, there is caveat of if the chairman of the ALT consents to an extension of time to make application it may still be valid - therefore non-statutory unlike C-N time limit

Question 7

s27 (3) Ground (a)

Answer 7

Good Husbandry
‘…the carrying out of the purpose for which the landlord proposes to terminate the tenancy is desirable in the interests of good husbandry as respects the land to which the notices related, treated as a separate unit’

Question 8

s27 (3) Ground (b)

Answer 8

Sound estate management
‘…the carrying out thereof is desirable in the interests of sound management of the estate of which the land to which the notice relates forms part or which the land constitutes’

Question 9

s27 (3) Ground (c)

Answer 9

Agricultural research etc. or smallholdings

Question 10

s27 (3) Ground (d)

Answer 10

Allotments - a purpose desirable to enactments relating to allotments

Question 11

s27 (3) Ground (e)

Answer 11

Great Hardship - would be caused if consent for NTQ was withheld

Question 12

s27 (3) Ground (f)

Answer 12

Non-agricultural use
Not falling within Case B

Question 13

Case A

Answer 13

Retirement: Statutory smallholdings

Question 14

Case B

Answer 14

Planning consent: non-ag use

Question 15

Case C

Answer 15

Certificate of bad husbandry

Question 16

Case D

Answer 16

non-compliance with a notice to pay rent or a notice to remedy

Question 17

Case E

Answer 17

irremediable breach

Question 18

Case F

Answer 18

insolvency

Question 19

Case G

Answer 19

Death of Tenant

Question 20

Case H

Answer 20

Ministry amalgamations

Question 21

4 Succession Tests

Answer 21

1. CLOSE relative
2. SUITABLE by virtue of training, experience, financial standing, age and physical health to run the holding.
3. PRINCIPLE SOURCE OF LIVELIHOOD from farm work on the holding or bigger unit of which the holding forms part
4. COMMERCIAL UNIT TEST not in occupation of another commercial ag unit (as defined)

Question 22

Types of succession and where set out under the act.

Answer 22

• Succession on DEATH is set out in ss 35-48 and Schedule 6 AHA 1986.
• Succession on RETIREMENT is set out in ss. 49-58 and Schedule 6 of AHA 1986.

Question 23

Definition of unit of ag land

Answer 23

= capable when farmed under competent management of producing a Net Annual Income not less than the aggregate of the average annual earning of two full-time, male ag workers.