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Commentary

162 Prohibition on contracting out

AGRICULTURAL TENANCIES vol 2(1)
| Commentary

162 Prohibition on contracting out

| Commentary

6: AVOIDING THE CREATION OF AN AGRICULTURAL HOLDING

162 Prohibition on contracting out

Although the provisions of the Agricultural Holdings Act 1986 relating to restrictions on the operation of notices to quit contain no express prohibition on contracting out, and the tribunal’s consent to their operation, it is in fact contrary to public policy for the parties voluntarily to agree that those provisions should not apply or should be circumvented by means of the contract between the parties1. If, therefore, the parties entered into an agreement before 1 September 1995 that on its true construction either was, or by virtue of

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