Q&As

If a short-term farm business tenancy (FBT) for two years is coming up to the contractual expiry date and both parties want to continue the arrangement, can a new FBT on the same terms be entered in to at the end of the term without the tenant accruing any further rights?

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Published on LexisPSL on 28/01/2019

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

  • If a short-term farm business tenancy (FBT) for two years is coming up to the contractual expiry date and both parties want to continue the arrangement, can a new FBT on the same terms be entered in to at the end of the term without the tenant accruing any further rights?

If a short-term farm business tenancy (FBT) for two years is coming up to the contractual expiry date and both parties want to continue the arrangement, can a new FBT on the same terms be entered in to at the end of the term without the tenant accruing any further rights?

The Agricultural Tenancies Act 1995 (ATA 1995) allows a farm business tenancy (FBT) to be created without security of tenure provided that various conditions are satisfied (namely, the business conditions coupled with either the agriculture conditions or the notice condition). For guidance on these conditions, see Practice Note: Identifying a farm business tenancy.

There is nothing in ATA 1995 which is the equivalent of the aggregation provision under section 43(3) of the Landlord and Tenant Act 1954 (LTA 1954)—that section prevents a succession of short excluded tenancies from being used to avoid security of tenure being

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