Agricultural Landlord & Tenant

Question 1

When did the agricultural tenancies act come into force

Answer 1

01/09/1995

Question 2

What must be served at the start of an ATA tenancy and why

Answer 2

S1(4) notice - served by both LL & T establishing that occupation shall remain an FBT and for agricultural purposes only - must be in writing but no prescribed form

Question 3

How do you end an FBT with a term longer than 2 years?

Answer 3

Serve a written notice to quit under s6, 12 months prior to the term date
- if not provided, tenancy will become periodic
- notice must be written but is not prescribed

Question 4

How can someone apply for succession under the AHA ‘86?

Answer 4

Application under s39 within 3 months of t’s death
Complete form TASD111
Must be eligible and suitable
LL can respond with Case G NTQ within 3 months of tenants date of death - in writing
LL can oppose to succession application by completing TASD121 within 28 days of service of TASD111
Tenants succession application will always be considered above Case G = always submit case G

Question 5

What are the tests for succession of an AHA 1986 tenancy?

Answer 5

Eligibility and Suitability:

Suitability:
The tribunal will have regard to:
- training and practical experience and how competent the applicant would be to take on the tenancy
- Age, health and financial standing
- Landlord’s views

Eligibility:
1. Close relative test
2. Livelihood test
3. Commercial test

Question 6

What is the eligibility test for succession of an AHA 1986 tenancy?

Answer 6

1. Close relative test - spouse or child
2. Livelihood Test - the applicants only, or principal source of livelihood, was derived from their agricultural work on the holding for 5 out of 7 years prior to the date of death or retirement.
   - 5 years do not need to be continuos
   - 3 of these years can have been spent within education
   - principal livelihood = >50%
3. commercial test - must not be in occupation of another commercial unit of agricultural land
   - commercial unit = a unit capable, when being farmed under competent management, of producing a net annual income equivalent to the average earnings of 2 male agricultural workers
   - occupation where security of tenure is not provided are not counted (e.g. grazing licences, cfa’s).

Question 7

What are the forthcoming changes to the tests for succession and what has caused these changes? When will these changes come into effect?

Answer 7

The Agriculture Act 2020 - 01/09/2024
1. The commercial will be abolished
2. There will be a new suitability test and the tribunal must have regard to all relevant matters:
- the persons capabilities and capacity
- experience, training and skills.
- financial standing
- character, situation and condition of the holding

the tibunal must be satisfied that had the applicant applied in an open competition, a prudent and willing Landlord could be expected to regard the applicant as among the candidates who could be granted the tenancy

Question 8

Which tribunal are matters referred to?

Answer 8

First tier tribunal (property chamber) agricultural land and drainage)