Q&As

A landlord grants a Farm Business Tenancy for a fixed term of more than two years. Can the parties agree to vary the lease to insert a break clause with a notice period shorter than the 12 months required by the Agricultural Tenancies Act 1995?

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Published on LexisPSL on 30/03/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A landlord grants a Farm Business Tenancy for a fixed term of more than two years. Can the parties agree to vary the lease to insert a break clause with a notice period shorter than the 12 months required by the Agricultural Tenancies Act 1995?

A landlord grants a Farm Business Tenancy for a fixed term of more than two years. Can the parties agree to vary the lease to insert a break clause with a notice period shorter than the 12 months required by the Agricultural Tenancies Act 1995?

Options to break (or early resumption clauses) in tenancies of more than two years require 12 months' notice. If resumption of the whole or part is or may be required more quickly, a shorter fixed term or a periodic tenancy may be appropriate. For further information, see commentary: Letting of Two Years or Less: Scammel & Densham's Law of Agricultural Holdings [12.14].

Section 7 of the Agricultural Tenancies Act 1995 (ATA 1995) overrides or supplements the agreement between the parties where a tenancy is for a fixed term of more than two years and contains an option to break.

ATA 1995, s 7 provides that any 'notice to

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