Agricultural Holdings Act 1986 Flashcards
What does it do?
Provide security of tenure and succession rights for agricultural holdings
What is an agricultural holding?
land comprised in a contract of tenancy, which is a contract for an agricultural tenancy. Not if let to T if employed by LL
What is a contract for an agricultural tenancy?
A contract of tenancy where the whole of the land is let for use as agricultural land, having regard to
a) terms of tenancy
b) actual/ contemplated use of the land at the time of the conclusion of the contract and subsequently and c) any other relevant circumstances
What is a contract of tenancy?
Letting of land, or an agreement for letting land, for a term of years (fixed term 2 years +)or from year to year
(yearly periodic)
Section 2?
Tenancy of less than a year and licences with exclusive occupation converted to yearly
What is agricultural land?
Land used for agriculture which is so used for the purpose of a trade or business - doesnt have to be wholly made of up agricultural land
What is agriculture? 10
horticulture, fruit/seed growing,dairy farming, livestock breeding/keeping, grazing, meadow/osier land, market/nursery gardens, use of woodland where ancillary to farming of the land
When is notice to quit invalid?
If tries to terminate tenancy b4 12 months from end of current tenancy except: T insolvent Possession for non agricultural purpose notice to sub T Lease for life where s149 LPA appllies Rent increased by arbitrator Via arbitrator due to certificate of bad husbandry Via abitrator - T failure to do work -
LL notice to quit- 2 options
1 - specifying one or more statutory cases
2 - non specifying cases - T has right to contest with counter notice
T Counter notice - process and effect 2
serves on LL within 1 month
LL applies to ALT for consent
LL has to prove reasons for ALT to consent following counter notice 6
a) interests of good husbandry
b) sound management of the estate
c) agricultural research, education, experiment or demonstration
d) greater hardship to refuse
e) to use land for non agricultural
Cases A-H
A - retirement of smallholder B - land required for other use - planning consent C - bad husbandry D - rent arrears/breach of t&cs E - irremediable breach F - insolvency G - death of T H - ministerial certificate
Right of succession if… 5
Automatic rights if tenancy b4 12 July 84
If after, only if:
a) tribunal direction
b) LL granted following tribunal direction
c) parties agreed in tenancy agreement
d) T was T before 12 July 84
Succession qualification 4
Close relative
Not occupier of agricultural land
Principal livelihood for last 7 years on holding
Suitable person
