Agricultural tenancies—notices to quit an agricultural holding
Agricultural tenancies—notices to quit an agricultural holding

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

  • Agricultural tenancies—notices to quit an agricultural holding
  • Statutory restriction
  • Special cases

Any notice served under the Agricultural Holdings Act 1986 (AHA 1986) must, at the bare minimum, comply with the common law requirements in relation to notices to quit, save as modified by the tenancy agreement. However, any requirement (common law or contractual) may be overridden by the more onerous provisions of the AHA 1986.

In the large majority of cases, a tenancy of an agricultural holding will be an annual periodic tenancy, either because it was granted as such or because it has been converted into one by the operation of AHA 1986, ss 2 and 3.

The following rules (common law and statutory) apply:

  1. the notice to quit must be given by the person entitled to the landlord's reversionary estate and relate to the whole of the land comprised in the tenancy. In Stodday, a buyer of a property served a notice to quit on an agricultural tenant, but at the time the notice was served, the buyer was not the registered proprietor of the property. The court held that the notice to quit was invalid as the buyer was not the legal owner of the land when it served the notice

  2. the notice must clearly indicate to the tenant what it means and what it is trying to achieve. Notices to quit are not subject to the same strict rules of