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Agricultural tenancies

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Latest Property Disputes News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

Rights of light claims

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...

Trespass—claims and defences

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...

Statutory compensation under the Landlord and Tenant Act 1954

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...

Trespass—remedies

Trespass—remedies

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

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...
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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...
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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...
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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...
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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...
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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...
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9th Nov
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...
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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...
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9th Nov
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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...
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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...
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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...
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9th Nov
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...
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9th Nov
Precedents

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...
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9th Nov
Practice notes

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....
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9th Nov
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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...
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9th Nov
Practice notes

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...
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9th Nov
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Most recent Agricultural tenancies content

Practice notes

Agricultural tenancies—notices to quit an agricultural holding

Agricultural tenancies—notices to quit an agricultural holdingAny notice served under the Agricultural Holdings Act 1986 (AHA 1986) must, at the bare...
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15th May
Practice notes

Identifying a farm business tenancy

Identifying a farm business tenancyFarm business tenancies were introduced with effect from 1 September 1995 by the Agricultural Tenancies Act 1995...
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15th May
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?

We have assumed that the occupier is a statutory tenant under the Rent (Agriculture) Act 1976 (R(A)A 1976).Agricultural workers who live in a property...
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16th Apr
Practice notes

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

Improvements are the only matters for which a tenant under a farm business tenancy may can claim compensation at the end of the term. For the purposes...
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8th Apr
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,...
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8th Apr
Practice notes

Agricultural tenancies — landlord claims for compensation at the end of the tenancy

Agricultural Holdings Act 1986Where the tenant quits all or part of a holding to which the Agricultural Holdings Act 1986 (AHA 1986) applies, the...
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8th Apr
Practice notes

Agricultural tenancies — end of tenancy compensation

On the termination of an agricultural tenancy, including where termination is the result of the landlord serving a notice to quit, both the landlord...
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8th Apr
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...
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8th Apr
Practice notes

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

EligibilityOn terminating their tenancy and quitting an agricultural holding, the tenant has a statutory right under the Agricultural Holdings Act...
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8th Apr
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...
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8th Apr
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...
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29th Mar
Practice notes

Summary of security of tenure for farm business tenancies

Farm business tenanciesA farm business tenancy is any tenancy of agricultural land that is governed by the Agricultural Tenancies Act 1995 (ATA 1995)....
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24th Feb
Practice notes

Agricultural tenancies—identifying a tenancy of an agricultural holding

With some exceptions, the Agricultural Holdings Act 1986 (AHA 1986) applies only to agreements entered into before 1 September 1995. An agricultural...
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24th Feb
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...
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24th Feb
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...
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23rd Feb
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 &...
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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.

...
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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...
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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:...
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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...
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22nd Jan

Popular documents

Escrow accounts and escrow agreements

Escrow accounts and escrow agreements

This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow

The Offshore Transmission Owner (OFTO) regime

The Offshore Transmission Owner (OFTO) regime

What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore electricity network. The transmission assets comprise everything between the offshore point of connection with the generating wind farm assets and the

Payment in lieu of notice (PILON)

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure

Notice of acting

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the