| Commentary

12 When farming ceases

| Commentary

12 When farming ceases

If a question arises as to when a tenancy stopped being a farm business tenancy, it must be when there was the first failure to comply with the business conditions. Once farming has ceased altogether, even if the intention is to start again at some time in the future, the business conditions will have been broken. Difficult questions may arise as to when farming has ceased1.

When deciding whether the business conditions have always been complied with, the burden of proof is on the person who is trying to show non-compliance2.

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