Q&As

If a landlord wishes to serve a section 5 notice to terminate a farm business tenancy but is unsure as to how tenants hold the particular holding and one of the tenants has died, can the landlord terminate the tenancy by serving the notice on the other two tenants?

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Published on LexisPSL on 21/06/2017

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

  • If a landlord wishes to serve a section 5 notice to terminate a farm business tenancy but is unsure as to how tenants hold the particular holding and one of the tenants has died, can the landlord terminate the tenancy by serving the notice on the other two tenants?

If a landlord wishes to serve a section 5 notice to terminate a farm business tenancy but is unsure as to how tenants hold the particular holding and one of the tenants has died, can the landlord terminate the tenancy by serving the notice on the other two tenants?

Since 1 September 1995, most tenancies of agricultural land will be farm business tenancies under the Agricultural Tenancies Act 1995 (ATA 1995). This question raises the issue as to how a landlord might bring such a tenancy to an end in the case of co-owning tenants. See: Farm business tenancies—overview.

A tenancy which meets the business conditions and either the agricultural condition or notice condition will be a farm business tenancy for the purposes of ATA 1995.

Essentially, this means that the land has since the commencement of the tenancy been farmed for the purposes of a trade or business and that either the character of the tenancy is wholly or partially agricultural or the parties have served notice before entering into it to confirm that it would be such a tenancy. Subject to limited exceptions, the ATA 1995 replaces the Agricultural Holdings Act 1986.

Tenants who have farm business tenancies under the ATA 1995 still enjoy a degree of protection. A farm business tenancy for a term of more than two years shall, instead of terminating at the

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