Agricultural tenancies—continuing relevance of the Agricultural Holdings Act 1986
Agricultural tenancies—continuing relevance of the Agricultural Holdings Act 1986

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

  • Agricultural tenancies—continuing relevance of the Agricultural Holdings Act 1986
  • Succession
  • Succession on death
  • Succession on retirement

The Agricultural Tenancies Act 1995 (ATA 1995) governs tenancies of agricultural holdings created on or after 1 September 1995. The Agricultural Holdings Act 1986 (AHA 1986) continues to apply to:

  1. all agricultural tenancies created before 1 September 1995, and

  2. to certain tenancies (principally succession tenancies) granted after that date which are specifically excluded from the application of the ATA 1995

The AHA 1986 continues to apply to tenancies granted by a written contract of tenancy entered into before 1 September 1995 and indicating (in whatever terms) that the AHA 1986 is to apply in relation to that tenancy.

However, land can only qualify as agricultural land protected by the AHA 1986 if it is used for agriculture, and is so used fo