Agricultural tenancies

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Latest Property Disputes News

Property Disputes weekly highlights—23 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—23 September 2021

Cladding remediation—where are we?

The following Construction news provides comprehensive and up to date legal information on Cladding remediation—where are we?

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

The following Banking & Finance news provides comprehensive and up to date legal information on Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Featured Property Disputes content

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....

Notice to complete

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

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...

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...

19th May

Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...

Produced in partnership with Desmond Kilcoyne 19th May

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...

Produced in partnership with Kate Andrews of Hamlins 19th May

Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...

19th May

Practice notes

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...

19th May

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

19th May

Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...

Produced in partnership with Alex Campbell of Arden Chambers 19th May

Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...

19th May

Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...

19th May

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...

19th May

Practice notes

Commercial rent arrears recovery (CRAR)

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

19th May

COVID-19

Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May

Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...

19th May

Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...

19th May

Most recent Agricultural tenancies content

Practice notes

Agricultural tenancies — end of tenancy compensation

Agricultural tenancies — end of tenancy compensationOn the termination of an agricultural tenancy, including where termination is the result of the...

11th Aug

Practice notes

Agricultural tenancies—dispute resolution

Agricultural tenancies—dispute resolutionAgricultural Holdings Act 1986The Agricultural Holdings Act 1986 (AHA 1986) provides three different forums...

11th Aug

Practice notes

Agricultural tenancies—rent review

Agricultural tenancies—rent reviewAgricultural Holdings Act 1986Under the Agricultural Holdings Act 1986 (AHA 1986), either the landlord or the tenant...

11th Aug

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?

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...

10th Aug

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?

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...

Produced in partnership with Alexander Campbell of Field Court Chambers 10th Aug

Q&As

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

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...

10th Aug

Q&As

Section 25(2) of the Agricultural Holdings Act 1986 (AHA 1986) provides that AHA 1986, s 25(1) does not apply to a notice given in pursuance of a provision in the tenancy authorising a resumption of possession of the holding for some specified purpose other than the use of the land for agriculture. If a developer (as opposed to the landlord) intends to build on the holding, will the resumption of possession under AHA 1986, s 25(2) be open to challenge?

Section 25(2) of the Agricultural Holdings Act 1986 (AHA 1986) provides that AHA 1986, s 25(1) does not apply to a notice given in pursuance of a...

10th Aug

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?

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...

10th Aug

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?

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...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 10th Aug

Q&As

Are there any precedents for a lease of bare land?

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...

10th Aug

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?

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...

10th Aug

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?

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...

10th Aug

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?

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...

10th Aug

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?

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...

10th Aug

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?

How do MEES regulations affect farmhouses which are already let under old-style Agricultural Holdings Act 1986 tenancies? Are farmhouses regarded as...

10th Aug

Q&As

How can a statutory review notice be served when the Agricultural Tenancies Act 1995 requires the rent to be referred to arbitration but the farm business tenancy requires the rent to be referred to an expert?

How can a statutory review notice be served when the Agricultural Tenancies Act 1995 requires the rent to be referred to arbitration but the farm...

10th Aug

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.

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

Q&As

A property which is being rented out under the Rent (Agriculture) Act 1976 requires repair work comprising a full re-wire due to the condition of the property deteriorating. The electrician has requested that the property is vacant and cleared while works are completed. Who will be responsible for paying the cost of rehousing the tenant whilst the repair work takes place?

A property which is being rented out under the Rent (Agriculture) Act 1976 requires repair work comprising a full re-wire due to the condition of the...

10th Aug

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?

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...

10th Aug

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.

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?...

10th Aug

Agricultural tenancies

View Property Disputes by content type:

Latest Property Disputes News

Property Disputes weekly highlights—23 September 2021

Cladding remediation—where are we?

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

End of insolvency temporary provisions—introduction of new temporary provisions

Featured Property Disputes content

Specific performance of property agreements

Notice to complete

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

Service charges—summary of tenants’ rights and obligations

Most recent Agricultural tenancies content

Popular documents

Insurable interest

Common financial covenants

PRA Rulebook—introduction for the insurance and reinsurance sector

Discharge by frustration

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