Q&As

What species of tenancy (if any) exists where an agricultural tenancy was granted in 1992 for a year and a few weeks (relying on Gladstone v Bower to avoid security of tenure) at a rent of £70, but the tenant then remains in occupation, without paying any rent, ever since the expiry of the tenancy?

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Published on LexisPSL on 02/12/2020

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

  • What species of tenancy (if any) exists where an agricultural tenancy was granted in 1992 for a year and a few weeks (relying on Gladstone v Bower to avoid security of tenure) at a rent of £70, but the tenant then remains in occupation, without paying any rent, ever since the expiry of the tenancy?

What species of tenancy (if any) exists where an agricultural tenancy was granted in 1992 for a year and a few weeks (relying on Gladstone v Bower to avoid security of tenure) at a rent of £70, but the tenant then remains in occupation, without paying any rent, ever since the expiry of the tenancy?

Agricultural tenancies granted before 1 September 1995 are governed by the Agricultural Holdings Act 1986 (AHA 1986), which grants security of tenure and other rights to tenants of agricultural land (see Agricultural holdings (formerly 'Agricultural Holdings Act tenancies')—overview and Practice Note: Agricultural tenancies—identifying a tenancy of an agricultural holding).

AHA 1986 operates by converting certain short term tenancies (including tenancies at will and certain licences) into tenancies from year to year (subject to exceptions). Tenancies granted for two years or more automatically convert (again, subject to exceptions) into tenancies from year to year at expiry.

There is an odd lacuna in AHA 1986, in that it offers no security of tenure to tenancies granted for more than one year but less than two. Such tenancies are not within the Act and end on their contractual expiry date, at which point, the landlord is entitled to possession (see Gladstone v Bower). Such a tenancy remains an ‘agricultural holding’ and is not protected by the Landlord and Tenant Act 1954 (see EWP Ltd v

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