Agricultural Tenancies Act

Question 1

When did the Agricultural Tenancies Act take effect?

Answer 1

1st September 1995

Question 2

What conditions must Farm business tenancies comply with prior to the tenancy commencing?

Answer 2

S.1(3) ATA 1995

Business Conditions

And either

Agricultural conditions or notice conditions

Question 3

Which sections of the Act govern Notices to Quit

Answer 3

Section 5 - fixed term
Section 6 - annually renewing
Section 7 - part resumption

Notices - section 36

Question 4

Which sections governs rent reviews?

Answer 4

Section 10 provides the mchanism

Section 13 details how Arbitrators should determine rent

Question 5

How are repairing obligations governed?

Answer 5

Freedom of contract unless opted in to the Agricultural (model Clauses for fixed equipmet)(England) regulations 2015

Question 6

What is the maximum term for a tenancy which automatically ends on the term date?

Answer 6

3 years

Question 7

How long must a tenancy be befor it must be registered on the land registry

Answer 7

More than 7 years

Question 8

Requirements for a notice to quit to be valid

Answer 8

Section 1(6)
In writing
Identify correct term date
Give 12 months notice minimum

Question 9

Tenants right to remove fixtures

Answer 9

S(8)

Any fixture which they have installed or building they have erected.

Question 10

When can’t a Tenant remove a fixture?

Answer 10

If they were obligated to provide the item
If the item replaces a landlords fixture
If the Tenant has been compensated under s.16
If the landlord has given consent for the building on the condition it isn’t removed

Question 11

Rent reviews sections

Answer 11

Part 2 s.9-15

Question 12

Rent review notice

Answer 12

Section 10
In writing
More than 12 and less than 24 months notice
S.12 allows an arbitration application if no decision is reached 6 months prior to new rent date

Question 13

Rent properly payable

Answer 13

The rent at which the holding might reasonably be expected to be let on the open market between a willing landlord and a willing tenant taking into account all relevant factors including the terms of the tenancy

Question 14

Arbitrator disregards for rent determination

Answer 14

Tenants improvements
The fact the tenant is in occupation
Tenants dilapidations

Question 15

Define a Tenants improvement s.15

Answer 15

Any physical improvement made to the holding by the tenant own efforts or expense or any intangible advantage obtained by the tenant for the holding at their own effort or expense which remains fixed to the holding