Q&As

A landlord is seeking to terminate a farm business tenancy under section 5 of the Agricultural Tenancies Act 1995. There are two tenants (husband and wife) but the husband is currently working abroad. Will service on the wife only be effective? If not, how should the landlord serve notice on the husband?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 12/04/2018

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • A landlord is seeking to terminate a farm business tenancy under section 5 of the Agricultural Tenancies Act 1995. There are two tenants (husband and wife) but the husband is currently working abroad. Will service on the wife only be effective? If not, how should the landlord serve notice on the husband?
  • Farm business tenancies
  • Notice to terminate a farm business tenancy
  • Form of a notice to terminate a farm business tenancy
  • Common law rules on notices to quit
  • Application of the rules to a farm business tenancy with two tenants

A landlord is seeking to terminate a farm business tenancy under section 5 of the Agricultural Tenancies Act 1995. There are two tenants (husband and wife) but the husband is currently working abroad. Will service on the wife only be effective? If not, how should the landlord serve notice on the husband?

Farm business tenancies

A farm business tenancy is one which satisfies certain conditions under the Agricultural Tenancies Act 1995 (ATA 1995).

Essentially, pursuant to ATA 1995, s 1, a tenancy is a farm business tenancy if it meets:

  1. the business conditions in ATA 1995, s 1(2), and

  2. either the agriculture condition in ATA 1995, s 1(3) or the notice conditions in ATA 1995, s 1(4)

The business condition is a condition that at least part of the land is farmed for the purposes of a trade or business and that it has been so farmed since the start of the tenancy.

The agriculture condition is a condition that the character of the tenancy is primarily or wholly agricultural (as defined

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