Agricultural tenancies

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Senior Courts Costs Office guide updated—January 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Senior Courts Costs Office guide updated—January 2021

Forfeiture for unauthorised change of use to residential (Zash v Mayworth)

The following Property Disputes news provides comprehensive and up to date legal information on Forfeiture for unauthorised change of use to residential (Zash v Mayworth)

Agricultural Holdings Act 1986 succession tenancies—applying against the wrong landlord (Adams v Jones)

The following Property Disputes news provides comprehensive and up to date legal information on Agricultural Holdings Act 1986 succession tenancies—applying against the wrong landlord (Adams v Jones)

Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

The following Property Disputes news provides comprehensive and up to date legal information on Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

Featured Property Disputes content

Forfeiture of a lease

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

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

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...

9th Nov

In-house

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...

9th Nov

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...

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

Most recent Agricultural tenancies content

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 &...

22nd Jan

Q&As

What is the procedure to terminate a Farm Business Tenancy granted for five years, where the term has already expired and the tenant is holding over? The parties did not exchange notices in advance.

...

22nd Jan

Q&As

If a landlord wishes to serve a section 5 notice to terminate a farm business tenancy but is unsure as to how tenants hold the particular holding and one of the tenants has died, can the landlord terminate the tenancy by serving the notice on the other two tenants?

Since 1 September 1995, most tenancies of agricultural land will be farm business tenancies under the Agricultural Tenancies Act 1995 (ATA 1995). This...

22nd Jan

Q&As

In 1974, a council entered into an agricultural tenancy with tenants and in 2018 the council terminated the lease. The former tenants have still not complied with a positive covenant to repair a fence. With a commercial lease, as per pre-action protocol, there is a two-month time limit to serve a schedule of dilapidations—is this the same for an agricultural tenancy? Also, if the council has failed to serve a schedule of dilapidations what options do they have to remedy the breach of covenant?

The Agricultural Holdings Act 1986 (AHA 1986) applies to all agricultural tenancies created before 1 September 1995. For more information, see:...

22nd Jan

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...

22nd Jan

Q&As

Can an oral farm business tenancy be terminated by a deed of surrender, to be terminated on a specific future date?

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

22nd Jan

Q&As

How do MEES regulations affect farmhouses which are already let under old-style Agricultural Holdings Act 1986 tenancies? Are farmhouses regarded as residential properties for the purposes of these regulations or are they mixed properties?

What do the MEES regulations provide?The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI...

22nd Jan

Q&As

Where an agricultural employer rents a residential property under an AST from a third party and has allowed an agricultural full time worker to live there without any written lease or agreement being in place for 20 years, can the employer terminate the employee’s occupancy if it dismisses the employee? Can the employee claim that it has acquired an assured agricultural occupancy against the employer and or third party. Will a notice under the Protection From Eviction Act 1977 be sufficient?

An assured agricultural occupancy is a form of letting which attracts the protection of the Housing Act 1988 (HA 1988), even though the occupier may...

22nd Jan

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...

22nd Jan

Q&As

If a new tenancy of a dwelling is granted to a farm worker as a tied property and the tenant is in occupation, can a Form 9 be served if there is not a written tenancy or contract of employment? If it cannot, what is the status of the occupation?

Assured shorthold tenancy (AST)Under paragraph 9(2)(a) of Schedule 2A of the Housing Act 1988 (HA 1988), if the agricultural worker condition in HA,...

22nd Jan

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,...

22nd Jan

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 22nd Jan

Q&As

The LSA 2007 provides that it is a criminal offence to conduct reserved activities without proper regulation. However, there are exceptions. One of those is the drawing of deeds in connection with Farm Business Tenancies by appropriate members of RICS or CAAV, which is statutory recognition of the long-standing practice of land agents rather than lawyers dealing with farm tenancies. However, the LSA does not specifically mention the drawing of deeds relating to the previous type of farm tenancy, under the AHA 1986. Given the very specific exemption for FBTs, it is arguable that a land agent dealing with an AHA tenancy deed would be committing an offence. AHA tenancies can run on for 3 generations, so we will be dealing with this issue for another 80 years or so. Is a member of RICS or CAAV exempt from the restrictions on drawing of deeds under the LSA in relation to AHA tenancies, as well as FBTs?

As set out in Scammell & Densham's Section 2, Chapter 3, paragraph 3.36, under section 22 as originally enacted of the Solicitors Act 1972 (SA 1972),...

22nd Jan

Q&As

Could the parties to the grant of an assured agricultural occupancy agree on a break clause within the agreement, whereby if the contract of employment ended, the landlord could break the lease?

If a farm worker resigns from their employment, any contractual break clause contained in the assured agricultural occupancy agreement is of no effect...

22nd Jan

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...

22nd Jan

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?

Agricultural tenancies granted before 1 September 1995 are governed by the Agricultural Holdings Act 1986 (AHA 1986), which grants security of tenure...

22nd Jan

Q&As

An agricultural tenancy ends and on yielding up the tenant has failed to maintain a boundary fence. The plot has not been re-let. Is this a breach of covenant and can the landlord take action?

For the purpose of this Q&A, we have assumed that the tenancy is an Agricultural Holdings Act 1986 (AHA 1986) tenancy.Where the tenant quits all or...

22nd Jan

Q&As

A landlord is seeking to terminate a farm business tenancy under section 5 of the Agricultural Tenancies Act 1995. There are two tenants (husband and wife) but the husband is currently working abroad. Will service on the wife only be effective? If not, how should the landlord serve notice on the husband?

Farm business tenanciesA farm business tenancy is one which satisfies certain conditions under the Agricultural Tenancies Act 1995 (ATA...

Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan

Q&As

Is there a deadline by which an Agriculture Holdings Act 1986 tenant must file notice to contest the facts required to satisfy a Case B notice through arbitration?

The Agricultural Holdings Act 1986 (AHA 1986) provides three different forums for the resolution of disputes pursuant to tenancies which fall within...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan

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...

22nd Jan

Agricultural tenancies

View Property Disputes by content type:

Latest Property Disputes News

Senior Courts Costs Office guide updated—January 2021

Forfeiture for unauthorised change of use to residential (Zash v Mayworth)

Agricultural Holdings Act 1986 succession tenancies—applying against the wrong landlord (Adams v Jones)

Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

Featured Property Disputes content

Forfeiture of a lease

Claims for use and occupation, mesne profits, double rent and double value

Specific performance of property agreements

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Most recent Agricultural tenancies content

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