Agricultural tenancies

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Assured and assured shorthold tenancies—terminating

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and

Assignment and succession of tenancy

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been

Assured and assured shorthold tenancies—granting

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

30th Oct

Practice notes

New Electronic Communications Code—Code rights

The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...

29th Oct

Practice notes

Recovering rent arrears

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

12th Oct

COVID-19

In-house

Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

12th Oct

Practice notes

Dilapidations claims at the end of the term

Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...

9th Oct

Practice notes

Periodic tenancies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

2nd Oct

In-house

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

30th Sep

In-house

Practice notes

LTA 1954 business lease renewal—termination

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

26th Sep

COVID-19

In-house

Practice notes

Tenancy deposit schemes

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

26th Sep

Practice notes

Claiming relief from forfeiture when breach is rent arrears

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

26th Sep

Practice notes

Dealing with goods left behind at lease end or following sale of property

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

26th Sep

Practice notes

Time limits and extension of statutory period under LTA 1954

Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...

25th Sep

Practice notes

Residential service charges—disputes and procedures

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...

25th Sep

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

25th Sep

Practice notes

Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls

Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...

25th Sep

In-house

Practice notes

Serving notices—potential issues

This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....

25th Sep

Most recent Agricultural tenancies content

Practice notes

Agricultural tenancies—rent review

Agricultural Holdings Act 1986Under the Agricultural Holdings Act 1986 (AHA 1986), either the landlord or the tenant may ‘demand’ that the ‘rent...

25th Sep

Practice notes

Agricultural tenancies — compensation for disturbance

A farm tenant may be entitled to compensation for disturbance where:•the tenant quits the holding after receiving a notice to quit from the landlord,...

25th Sep

Practice notes

End-of-Term compensation for 'relevant' improvements under the Agricultural Holdings Act 1986

Qualifying improvementsOn quitting an agricultural holding to which the Agricultural Holdings Act 1948 applies, the tenant is entitled under the...

25th Sep

Practice notes

End-of-Term compensation for ‘old’ improvements under the Agricultural Holdings Act 1986

EligibilityOn terminating their tenancy and quitting the holding, a tenant has a statutory right to claim compensation from his landlord for specified...

25th Sep

Practice notes

Terminating a farm business tenancy

Tenants under farm business tenancies do not enjoy any long-term security of tenure. However, the Agricultural Tenancies Act 1995 (ATA 1995) affords a...

25th Sep

Practice notes

Summary of security of tenure for farm business tenancies

A farm business tenancy is any tenancy of agricultural land that is governed by the Agricultural Tenancies Act 1995 (ATA 1995). 1986 Act Agricultural...

25th Sep

Practice notes

Agricultural tenancies — end of tenancy compensation

On the termination of an agricultural tenancy, both the landlord and the tenant may be entitled to compensation. The basis for compensation is mainly...

25th Sep

Practice notes

End-of-Term compensation for improvements under the Agricultural Tenancies Act 1995

For the purposes of Part III of the Agricultural Tenancies Act 1995 (ATA 1995), a 'tenant's improvement' means:•any physical improvement made on the...

25th Sep

Practice notes

Agricultural tenancies—notices to quit an agricultural holding

Any notice served under the Agricultural Holdings Act 1986 (AHA 1986) must, at the bare minimum, comply with the common law requirements in relation...

25th Sep

Practice notes

Agricultural tenancies—dispute resolution

Agricultural Holdings Act 1986The Agricultural Holdings Act 1986 (AHA 1986) provides three different forums for the resolution of disputes in relation...

25th Sep

Practice notes

Identifying a farm business tenancy

Farm business tenancies were introduced with effect from 1 September 1995 by the Agricultural Tenancies Act 1995 (ATA 1995). They mark a radical...

26th Sep

Practice notes

Letting residential property to agricultural workers

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

26th Sep

Q&As

How does the application of Part I of the Protection from Eviction Act 1977 (PEA 1977) affect a farm business tenancy where the tenancy includes a farmhouse—particularly in relation to section 1? It seems that FBTs are expressly excluded from section 3, and that section 2 does not apply on the basis of authority on ‘let as a dwelling’ in the context of section 1 of the Rent Act 1977, but does section 1 of the PEA 1977 apply?

Section 1(1) of the Protection from Eviction Act 1977 (PEA 1977) protects, among others, a former service occupier whose contract of service has...

Produced in partnership with Elizabeth England of 42 Bedford Row 28th Sep

Q&As

Can the landlord force the tenant of an Agricultural Holdings Act 1986 tenancy to pay half the cost of replacing the windows? The tenant suspects the landlord’s motivation is to replace them before the MEES regulations take effect in 2020 in relation to existing residential lettings.

An Agricultural Holdings Act 1986 tenancy (AHA 1986 tenancy) relates, as the name suggests, to a tenancy of an agricultural holding. An AHA 1986...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

Are there any precedents for a lease of bare land?

We refer you to our Lexis®PSL Property Precedent: Farm Business Tenancy Agreement and Farm business tenancy—bare land: Encyclopaedia of Forms &...

28th Sep

Q&As

What happens to an Agricultural Holdings Act 1986 tenancy on death of a tenant when the tenant’s son continues to occupy, farm and pay rent, and the personal representatives of the deceased tenant have not taken any steps in respect of the tenancy?

Succession under Agricultural Holdings Act 1986 (AHA 1986)The tenancy will have vested in the personal representatives (PRs) on death (see Scammell,...

28th Sep

Q&As

In a claim for possession of a residential property and agricultural land where there is no written tenancy agreement, is it necessary to name any known occupiers as defendants in the application in addition to naming the tenant?

In possession proceedings, the defendant will usually be the tenant(s) named in the tenancy agreement or lease, or the party paying rent. Where there...

28th Sep

Q&As

Where an Agricultural Holdings Act 1986 (AHA 1986) tenancy (AHA) is surrendered and a farm business tenancy (FBT) granted in its place, can the terms of the FBT effectively mirror those in the AHA, including the tenant having the benefit of security of tenure afforded by AHA 1986 or must the FBT be substantially different from the AHA, ie for a fixed term?

How a periodic farm business tenancy can arise, and how it can be determined?The Agricultural Tenancies Act 1995 (ATA 1995) came into effect on 1...

28th Sep

Q&As

Where the landlord is accepting a surrender of a tenancy which is protected under the Agricultural Holdings Act 1986 (AHA 1986), is it possible for the parties to agree that the landlord's claims (if any) in relation to dilapidations or deterioration are equal in value to the tenant's claims arising out of the termination, so that they are mutually extinguished? Can the provisions of AHA 1986 be excluded in this way?

The Agricultural Holdings Act 1986 (AHA 1986) continues to apply to:•all agricultural tenancies created before 1 September 1995, and•certain tenancies...

28th Sep

Q&As

Can you issue proceedings for forfeiture of a farm business tenancy?

It is possible to bring proceedings for forfeiture in relation to a farm business tenancy. Law of Property Act 1925, s 146 (section 146) applies to...

28th Sep

Agricultural tenancies

View Property Disputes by content type:

Featured Property Disputes content

Assured and assured shorthold tenancies—terminating

Arbitration—an introduction to the key features of arbitration

Assignment and succession of tenancy

Assured and assured shorthold tenancies—granting

Most recent Agricultural tenancies content

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What is practical completion?

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The tort of deceit

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