Farm Business Tenancies

Question 1

What is a section 1(4) notice?

Answer 1

Notices to be exchanged between the Landlord and Tenant entering into an FBT that intends the tenancy or proposed tenancy is to be, and remain, a farm business tenancy and
the character of the tenancy is primarily or wholly agricultural.
It must be served separately and before the tenancy agreement/instrument creating the tenancy.

Question 2

What is a section 5 notice?

Answer 2

Notice to terminate fixed term FBT of more than 2 years

Question 3

What is a section 6 notice?

Answer 3

Notice to terminate a periodic FBT (2 years or more term that has been allowed to roll on)

Question 4

Section 36?

Answer 4

Makes specific provisions for the service of all notices or documents required or authorised to be given under the ATA95 act

Question 5

What are the main differences between a section 5 and section 6 notice?

Answer 5

Specified term -
GIVE YOU NOTICE TO QUIT and deliver up to me possession vs GIVE YOU NOTICE to terminate
Section 5 form 2 can be interchangeably used for L or T, whereas Section 6 notice has different form/wording for a tenant’s notice being served on the landlord
S5 does not need to specify the date the notice intends the tenancy will come to an end as it is the end of the term, as stated in the tenancy agreements. Whereas S6, esp. important if tenancy has been running for a long time and the parties may not agree on the entry date/when tenancy began, the date must be specified, when the landlord intends for the FBT to come to an end