Q&As

To serve a notice to quit on a tenant under Case B of Schedule 3 to the Agricultural Holdings Act 1986, the landlord must have planning permission to develop the land. If the planning permission has expired by the time the notice to quit expires, is the notice still valid and does the tenant still have to vacate?

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Published on LexisPSL on 16/03/2020

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  • To serve a notice to quit on a tenant under Case B of Schedule 3 to the Agricultural Holdings Act 1986, the landlord must have planning permission to develop the land. If the planning permission has expired by the time the notice to quit expires, is the notice still valid and does the tenant still have to vacate?

To serve a notice to quit on a tenant under Case B of Schedule 3 to the Agricultural Holdings Act 1986, the landlord must have planning permission to develop the land. If the planning permission has expired by the time the notice to quit expires, is the notice still valid and does the tenant still have to vacate?

Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986 (AHA 1986) entitles the landlord of an agricultural holding to give a notice to quit under AHA 1986, s 26(2) where ‘…the land is required for a use, other than for agriculture…for which permission has been granted on an application made under the enactments relating to town and country planning…’.

AHA 1986 does not in terms specify whether the planning permission must still be current when the notice to quit expires. Nor have we been able to find any case law which deals with this point.

However, we would draw your attention to the following passage in: Recovery of possession for non-agricultural use: Scammell Densham and Williams Law of Agricultural Holdings [39.33] and [39.36]:

‘For Case B to be applicable, the land must be “required” for non-agricultural use.

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