Agricultural Tenancies Act 1995

Question 1

What does it do?

Answer 1

Introduced farm business tenancies from 1 Sept 95

Question 2

What is a farm business tenancy

Answer 2

Meets business conditions and EITHER agricultural conditions or notice conditions, is not an agricultural holding or began before 1 Sept 95

Question 3

Business conditions

Answer 3

Land farmed for trade or business
So farmed since beg of tenancy
Presumption that if it has been farmed, it has been since beg s1(7)

Question 4

Agricultural conditions

Answer 4

Tenancy is primarily/wholly agricultural having regard to:
terms of tenancy
Use of land
Nature of commercial activities
Other relevant circumstances

Question 5

Notice conditions

Answer 5

LL/T gave each other written notice that the character of the tenancy was primarily/wholly agricultural

Question 6

Security of tenure - fixed term of 2 years +

Answer 6

at end of term, continues as tenancy from year to year on same terms, terminated by either party giving min 12 months notice in writing

Question 7

Security of tenure - fixed term less than 2 years

Answer 7

None

Question 8

Security of tenure - tenancy from year to year

Answer 8

Notice must be in writing, take effect at end of a year of tenancy, with 12 months notice

Question 9

Security of tenure - other periodics

Answer 9

None, common law applies