Agricultural tenancies—assignment, sub-letting and parting with possession
Agricultural tenancies—assignment, sub-letting and parting with possession

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Agricultural tenancies—assignment, sub-letting and parting with possession
  • Agricultural Holdings Act 1986
  • Agricultural Tenancies Act 1995

Agricultural Holdings Act 1986

A landlord and tenant may reach any agreement that they choose in relation to assignment, sub-letting or parting with possession. In practice, however, the tenancy will probably prohibit dealings. This is because:

  1. the parties expressly agree in writing, or

  2. the tenancy agreement (whether oral or written) is silent in relation to dealings. In that event, section 6 of the Agricultural Holdings Act 1986 (AHA 1986) entitles the landlord to apply to an arbitrator for a written agreement to be produced which includes the matters listed in AHA 1986, Sch 1, one of which is a covenant by the tenant ‘not to assign, sub-let or part with possession of the holding or any part of it without the landlord’s c