Q&As

When serving a notice under section 6 of the Agricultural Tenancies Act 1995, should the ‘term date’ be calculated from the term commencement date or the date of completion of the lease?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on LexisPSL on 06/10/2016

The following Property Q&A produced in partnership with Jonathan Edwards of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • When serving a notice under section 6 of the Agricultural Tenancies Act 1995, should the ‘term date’ be calculated from the term commencement date or the date of completion of the lease?
  • Case study
  • The 1995 Act and the yearly tenancy
  • Requirements to end the yearly tenancy by notice
  • Identifying the ‘term date’ correctly

When serving a notice under section 6 of the Agricultural Tenancies Act 1995, should the ‘term date’ be calculated from the term commencement date or the date of completion of the lease?

Case study

A landlord wishes to terminate a farm business tenancy, which was originally granted for a term of ten years. The term commencement date was some six months before the date of the lease. The tenant remained in occupation as an annual periodic tenant following expiry of the fixed term.

The 1995 Act and the yearly tenancy

A tenancy beginning after 1 September 1995 will be a ‘farm business tenancy’ and therefore subject to the provisions of the Agricultural Tenancies Act 1995 (ATA 1995) if it satisfies the conditions set out in ATA 1995, s 1. The test is not once and for all, and it is possible for a tenancy to cease to be a ‘farm business tenancy’.

Essentially, at least part of the land must have been farmed since the beginning of the tenancy and, unless a notice was given in advance, it must also be the case that the character of the tenancy is ‘primarily or wholly agricultural'. See Practice Note: Identifying a farm business tenancy.

Where the ATA 1995 applies, it affords certain advantages to the tenant. Relevant to this Q&A is that ATA 1995, s 3 provides that a farm business tenancy

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