Agricultural Tenancies

AGRICULTURAL TENANCIES
Contents
PART 1: AGRICULTURAL BUSINESS TENANCIES

(1) FARM BUSINESS TENANCIES
(A) Commentary
A: WHEN DOES THE AGRICULTURAL TENANCIES ACT 1995 APPLY?
1
2
Introduction
When does a tenancy begin?
B: STATUTORY REQUIREMENTS AND MEANING OF TERMS

1: FARM BUSINESS TENANCY
3
4
Meaning of farm business tenancy

Requirements to be met
2: CREATION OF A TENANCY
5
6
7
8
9
Meaning of tenancy
Formalities
Exclusive possession
Other requirements for a tenancy
Short fixed term tenancies
3: THE BUSINESS CONDITIONS

10
11
12
13
14
15
16
Meaning of the business conditions

Compliance with the business conditions required at all times
When farming ceases
Monitoring the business conditions
Meaning of farmed
The purposes of a trade or business
All or part of the land
4: THE NOTICE CONDITIONS

17
18
19
20
21
22
Introduction
Meaning of the notice conditions
Contents of the notices
When should the notices be given?
Service of notices
Defective notices
23 Exception to the notice conditions in the case of surrender and regrant

24 Agricultural character of the tenancy
5: THE AGRICULTURE CONDITION
25 Meaning of the agriculture condition
26 Relevance of the agriculture condition
27 Compliance with the agriculture condition
28.40
Primarily or wholly agricultural
C: TENANTS FIXTURES AND BUILDINGS

41 Tenants right to remove fixtures
42 Fixtures and buildings to which the right of removal applies
43.50
Comparison with the right of removal under the Agricultural Holdings Act 1986
D: RENT REVIEW
1: INTRODUCTION
51 Contractual and statutory rent review
52 Contractual formula for variation of rent
2: STATUTORY RENT REVIEW
53 General
54 The statutory review notice
55 Frequency of rent reviews
56 The review date in a statutory review notice
57 Amount of rent
58 Matters to be disregarded
59 Disputes procedures
60.70
Conduct of farm business tenancy rent reviews
E: TERMINATION OF FARM BUSINESS TENANCIES

1: INTRODUCTION
71 Security of tenure
2: TYPES OF TENANCY
72
73
74
75
Fixed term tenancies of more than two years

Fixed term tenancies of two years or less
Annual periodic tenancies
Other periodic tenancies
3: OPTIONS TO TERMINATE OR RESUME POSSESSION OF PART

76 Break clauses in tenancies for terms of more than two years
4: NOTICES
77 Form of notice to quit
78 Service of notice to quit
79.90
Service on agents
F: COMPENSATION PAYABLE TO TENANT FOR IMPROVEMENTS

1: INTRODUCTION
91 Tenants right to compensation
92 Meaning of tenants improvement
93 Meaning of routine improvement and fixed equipment
2: CONDITIONS OF ELIGIBILITY FOR COMPENSATION
(a) Improvements other than planning permission or routine improvements
94 Conditions relating to compensation for tenants improvements

95 Arbitration where landlord refuses or fails to give the required consent
96 The arbitrators powers
(b) Planning permission and routine improvements

97 Conditions relating to compensation for planning permission
98 Conditions relating to compensation for routine improvements
3: AMOUNT OF COMPENSATION
99 Improvements other than planning permission
100Planning permission
4: MISCELLANEOUS
101Settlement of claims for compensation
102Successive tenancies
103.120
Compensation on resumption of possession of part of the holding
G: DISPUTE RESOLUTION
121Particular provisions
122Residual arbitration
123Alternative dispute resolution
124.150
General provisions applying to arbitrations
H: DRAFTING TENANCY AGREEMENTS

151Which type of agreement to use
152Farm business tenancies and other agreements
153Agreement for a farm business tenancy of more than two years
154Agreement for a farm business tenancy of two years or less
155Agreement for a farm business tenancy grazing agreement
156Licence for grazing
157Non-business grazing tenancy agreement for horses
158Service of notices
159.200
Title matters
(B) Forms and Precedents

A: CHECKLISTS
1 Checklist of matters for consideration when preparing tenancy agreement
2 Checklist of matters for consideration on the relationship between the Agricultural Tenancies Act
1995 and the Landlord and Tenant Act 1954 Part II
B: FARM BUSINESS TENANCY AGREEMENTS

3
4
5
6
Farm business tenancy (long formmore than two years)

Schedule of rights excepted and reserved for use in a tenancy agreement
Farm business tenancy (short formtwo years or less)
Farm business tenancy (grazing)
C: AGREEMENTS THAT ARE NOT TO BE FARM BUSINESS TENANCIES

7 Grazing licence
8 Grazing tenancy for horses (non-business use)
9 Agreement for letting of land and buildings for use as riding stables or an equestrian centre (where
use is not primarily agricultural)
D: THE NOTICE CONDITIONS
10 Notice to landlord or tenant of farm business tenancy
E: RENT REVIEW
11 Farm business tenancystatutory rent review notice
12 Farm business tenancyagreement as to rent
F: TERMINATION OF FARM BUSINESS TENANCIES

13 Notice to terminate fixed term farm business tenancy of more than two years
14 Notice to terminate a farm business tenancy for a term of more than two years in exercise of a
provision contained in the lease or tenancy agreement
15 Landlords notice to terminate periodic farm business tenancy
16 Tenants notice to terminate periodic farm business tenancy
G: IMPROVEMENTS
17 Farm business tenancytenants request for consent to improvements
18 Farm business tenancylandlords consent to tenants improvements (other than planning
permission)
19 Farm business tenancylandlords consent allowing tenant to make an application for planning
permission
20 Farm business tenancytenants notice demanding that question of consent to improvements be
referred to arbitration
21 Farm business tenancytenants notice of intention to claim compensation for improvements
H: MISCELLANEOUS
22 Notice to tenant of change of landlord
23 Notice of intention to apply for the appointment of an arbitrator in relation to a dispute (other than a
dispute governed by particular statutory provisions as to rent, improvements or compensation)
24 Agreement to appoint an arbitrator to determine claims, questions or differences between landlord
and tenant in relation to rent, improvements, compensation or other disputes
25 Application for the appointment of an arbitrator to determine claims, questions or differences
between landlord and tenant
(2) AGRICULTURAL HOLDINGS

(A) Commentary
A: WHEN DOES THE AGRICULTURAL HOLDINGS ACT 1986 APPLY?
301Agricultural tenancies beginning on or after 1 September 1995
302Agricultural tenancies beginning before 1 September 1995
B: MEANING OF TERMS
303Tenancies subject to the Agricultural Holdings Act 1986
304Agricultural holding
305Agricultural land
306Contract of tenancy
307Agricultural tenancy
308Agriculture
309Livestock
C: SHORT TERM TENANCIES AND LICENCES

310Agreements that took effect as yearly tenancies
311Agreements to which conversion did not apply
312Conversion distinguished from mislabelling and sham
313Licences relating to farming partnerships
D: FORM AND TERMS OF TENANCY

1: REQUIREMENTS FOR WRITTEN TENANCY AGREEMENTS
314Creation
315Express and other terms
316Right to a written agreement
317The award on reference to arbitration
318Effect of landlords request for a written agreement on tenants ability to dispose of the holding
319The specified matters
2: TERMS AS TO FIXED EQUIPMENT
(a) Meaning of terms

320Meaning of fixed equipment
321The model clauses
(b) Referring terms to arbitration

322Reference to arbitration where terms inconsistent with model clauses
323Duties of the arbitrator
324Effect of the award in relation to terms as to fixed equipment
325Transitional provisions where liability for fixed equipment transferred
(c) Removal of fixtures

326Tenants right to remove fixtures and buildings
327Fixtures to which right of removal does not apply
328Conditions to be fulfilled by tenant
(d) Provision of fixed equipment by landlord

329Direction to carry out work to enable tenant to comply with statutory requirements
330Restriction where activity constitutes a substantial alteration of the type of farming
331Other restrictions on direction
332Tenants remedies
333Extension of time limit
3: TERMS AS TO RENT
(a) Arbitration
334Demand for referral
335Duty of the arbitrator
336Rent properly payable
337Current level of rents
338Matters to be disregarded
339Time when demand ceases to be effective
340Frequency of arbitration
341New holdings
342Variation of boundaries or terms
(b) Increases in rent for landlords improvements

343Notice of increase
344The specified improvements
345Restrictions on increases
346Application of provisions
347Disputes
(c) Reduction in rent

348Reduction in rent where notice is given to quit part of holding
4: TERMS AS TO DISTRESS
349Introduction
350Compensation to be set off against rent for purposes of distress
351Restrictions on distraint on property of third party
352Restriction on distraining agisted livestock
E: LETTINGS CONFERRING NO SECURITY OF TENURE

1: INTRODUCTION
353Excluding security
2: AGREEMENTS EXCLUDED FROM SECURITY WITH THE MINISTERS CONSENT
354Tenancies for less than a year
355Fixed term leases for a term of between two and five years
356Licences
3: TENANCIES FOR MORE THAN ONE BUT LESS THAN TWO YEARS
357No security of tenure
358Whether a tenancy of an agricultural holding
4: GRAZING AND MOWING AGREEMENTS
359Exemption from security
360Specified period of the year
361Contemplated use not actual use
362Buildings
5: LETTINGS TO EMPLOYEES
363No security where tenant is an employee of landlord
6: AVOIDING THE CREATION OF AN AGRICULTURAL HOLDING
364Prohibition on contracting out
365Agreement for surrender at future date
366Sham transactions
367Mislabelling
F: SECURITY OF TENURE
1: INTRODUCTION
368The machinery for conferring security of tenure
2: NOTICES AND COUNTER-NOTICES
(a) Notices to quit

369Length of notice
370Notice after arbitration of rent
371Notice after certificate of failure to farm in accordance with rules of good husbandry
372Notice relating to part of holding
373The specified objects in relation to a notice to quit part
(b) Tenants counter-notice

374Right to serve a counter-notice
3: CASES WHERE THE CONSENT OF A TRIBUNAL IS REQUIRED
375General considerations
376Specific matters
4: CASES WHERE NOTICE IS EFFECTIVE WITHOUT CONSENT
(a) General
377Exclusion of requirement for consent
378Tenants right to contest
(b) The Cases

379Case A
380Case B
381Case C
382Case D
383Case E
384Case F
385Case G
386Case H
5: SUCCESSION ON DEATH OF TENANT
(a) Right of succession

387Tenancies to which the succession provisions apply
388Right for close relative to apply for tenancy on succession
(b) Exclusion of right of succession on death

389Exclusion of succession to certain fixed terms
390Exclusion of succession where two successions have already occurred
391Exclusion of succession where there is a valid notice to quit subject to a tribunals consent
392Exclusion of succession where there is a valid notice to quit within certain cases
393Exclusion of succession in the case of smallholdings and certain trust property
(c) Procedure
394Time of application
395Single application
396Multiple applications
397Matters to be considered by a tribunal
398The new tenancy
6: SUCCESSION ON RETIREMENT
(a) The application

399Right of nominated person to apply
400Procedure for application
(b) Exclusion of the right of succession on retirement

401General
402Exclusion where there has been a previous retirement notice
403Exclusion where the retiring tenant is not aged 65
404Exclusion where there is a notice to quit
(c) Procedure after application

405Effect of notice to quit given after application
406Infirmity of retiring tenant
407Suitability of nominated successor
408Greater hardship qualification
409Refusal or withdrawal of application
410Effect of a direction
411.413 Terms of new tenancy
G: COMPENSATION PAYABLE TO TENANT

1: DISTURBANCE
414Tenants entitlement to compensation for disturbance
415Measure of basic compensation
416Requirements as to notices and valuation
417Subtenancies
418Notice to quit part of holding
419Additional compensation
420Termination in pursuance of an early resumption clause

2: IMPROVEMENTS BEGUN BEFORE 1 MARCH 1948
421Tenants entitlement to compensation for old improvements
422Old improvements for which compensation is payable
423Consent of landlord
424Measure of compensation
3: IMPROVEMENTS BEGUN ON OR AFTER 1 MARCH 1948
(a) Introduction
425Tenants entitlement to compensation
(b) Long-term improvements made with consent of landlord

426Long-term improvements to which consent of landlord is required
427Consent and compensation
(c) Long-term improvements made with consent of landlord or approval of tribunal

428Long-term improvements to which consent or approval is required
429Consent or approval
430Carrying out improvements
(d) Short-term improvements

432The short-term improvements
433Consent and compensation for short-term improvements
4: TENANT-RIGHT MATTERS
434Tenants entitlement to compensation for tenant-right matters
435Meaning of tenant-right matters
436Acts in contravention of terms of tenancy
437Freedom of cropping
438Application to holdings occupied before 1 March 1948
5: SPECIAL SYSTEM OF FARMING
440Tenants entitlement to compensation for special system of farming
441Notice of claim
6: MARKET GARDENS
(a) Entitlement to compensation

442Tenants entitlement to compensation for market garden improvements
443Market garden improvements
444Fixtures
445Incoming tenant
(b) Direction that holding is to be treated as a market garden

446Application for direction
447Evesham custom
448Protection of landlord
(c) Agreements
449Agreements as to compensation
7: DAMAGE BY GAME
450Tenants entitlement to compensation for damage by game
451Measure of compensation for damage by game
8: MILK QUOTA
452Tenants entitlement to claim

453Compensation payable
454Request for arbitration
455Agreement of standard quota or tenants fraction
456Notice of claim and settlement
457Special provisions
H: COMPENSATION PAYABLE TO LANDLORD

458Deterioration of particular parts of holding
459General deterioration of holding
460Successive tenancies
I: PROCEDURES FOR SETTLEMENT OF CLAIMS

1: NOTICE AND AGREEMENT
461Procedure on termination of tenancy
462Agreement or arbitration
2: ENFORCEMENT
463Recovery of compensation etc
3: ARBITRATION
464Matters referred to statutory arbitration
465Appointment of arbitrator
466Conduct of arbitration
467Statement of case for county court
468.600
The award

A: AGREEMENTS AND LICENCES
101
Agreement for letting a farm from year to year with alternative repairing liabilities
102
The model clauses as set out in the Agriculture (Maintenance, Repair and Insurance of
Fixed Equipment) Regulations 1973
103
Lease of a farm for two years or more
104
Agreement for letting farm from year to year containing the minimum statutory
requirements
105
Agreement for letting from year to year land to be cultivated as a market garden
106
Agreement by tenant to permit landlord to enter holding in last year of tenancy for
purposes of cultivation
107
Clauses for tenancy agreement of hill farm tying sheep stock
108
General clauses for protection of quotas (excluding milk quota) or premium under
marketing schemes
109
Clause for protection of landlords milk quota attached to the holding and transferred to
the tenant for the duration of the tenancy
B: MATTERS ARISING DURING TENANCY

116Request to enter into written tenancy agreement where none exists
117Request to enter an agreement to supplement an existing written tenancy agreement
118Notice of intention to refer the terms of a tenancy to arbitration where no written agreement has
been entered into after a request
119Request to vary the terms of a tenancy agreement to comply with the model clauses relating to
maintenance etc of fixed equipment
120
Notice of reference of the terms of an existing agreement to arbitration on failure to agree
variation of terms to comply with the model clauses relating to fixed equipment
121
Request to landlord to provide, alter or repair fixed equipment
122
Notice of requirement for arbitration of a claim against the landlord on transfer to the
tenant of liability for maintenance or repair of fixed equipment
123
Notice of requirement for arbitration of the amount of compensation payable by the
tenant on transfer of liability for maintenance or repair of fixed equipment to the landlord
124
Notice requesting and specifying repairs to be effected by the tenant
125
Counter-notice requiring the question of the tenants liability to execute repairs or
replacements to be determined by arbitration
126
Notice requesting and specifying repairs to be effected by the landlord
127
Counter-notice requesting question of the landlords liability for repairs or replacements
to be determined by arbitration
128
Notice requiring the question of whether an item of fixed equipment is or was redundant
to the farming of the holding to be determined by arbitration
129
Agreement that specified fixed equipment is obsolete or redundant
130
Notice of demand for arbitration of rent payable
131
Memorandum of agreed increased rent, to be endorsed on a tenancy agreement
132
Notice requiring increase of rent on completion by the landlord of improvements
133
Memorandum of agreed increased rent in respect of improvements, to be endorsed on a
tenancy agreement
134
Notice of demand for arbitration of the question whether it is expedient to vary the terms
of the tenancy relating to permanent pasture
135
Tenants notice of intention to remove fixtures or buildings
136
Landlords counter-notice electing to purchase fixtures and buildings the tenant has given
notice of his intention to remove
137
Notice of change of landlord
138
Agreement to pay off arrears of rent in instalments
C: ARBITRATION
139
Checklist of matters relating to arbitration under the Agricultural Holdings Act 1986
140
Appointment of person to act as valuer and agent
141
Appointment of an arbitrator by agreement
142
Appointment by agreement of an arbitrator to determine all questions, including those not
specifically referable under the Agricultural Holdings Act 1986
143
Application to the President of the Royal Institution of Chartered Surveyors for
appointment of an arbitrator to settle a landlords claim for increase of rent on completion of
improvements
144
Application to the President of the Royal Institution of Chartered Surveyors for the
appointment of arbitrator to settle the terms of a tenancy on succession
145
Statement of a tenants case for arbitration of matters arising on quitting a holding
146
Statement of a landlords case for arbitration of matters arising on the tenant quitting the
holding
147
Arbitrators award
148
Statement by an arbitrator of a special case for the opinion of the county court
D: TERMINATION OF TENANCIES
149
Checklist relating to termination of agricultural holdings
150
Notice to tenant to pay rent
151
Notice to tenant to remedy a breach of the tenancy agreement by doing work of repair,
maintenance or replacement
152
Notice to tenant to remedy a breach of the tenancy agreement (not being a notice
requiring the doing of any work of repair, maintenance or replacement)
153
Notice to determine a lease or tenancy of two years or more at the end of the term
154
Notice to quit given by a landlord, without any special reason stated
155
Notice to quit given by a landlord, with endorsement of special reasons, where none of
the grounds in the Agricultural Holdings Act 1986, Schedule 3 Part I applies
156
Notice to quit by tenant
157
Landlords notice to quit land required for a non-agricultural purpose, pursuant to a
provision in the contract of tenancy
158
Notice to quit given by a tenant to his sub-tenant
159
Notice to quit given by a landlord relying on one of the special cases to be stated in the
notice under the Agricultural Holdings Act 1986, Schedule 3 Part I
160
Notice to quit given to the personal representatives of a sole or sole surviving tenant
161
Notice to quit part of a holding, given by the landlord
162
Tenants counter-notice under the Agricultural Holdings Act 1986 section 26(1) requiring
that the consent of an agricultural land tribunal be obtained
163
Tenants counter-notice accepting notice to quit part of a holding as notice to quit the
whole
164
Tenants notice contesting liability, following notice to quit under the Agricultural
Holdings Act 1986, Schedule 3 Part I Case D for non-compliance with a notice to do work
165
Tenants counter-notice, following notice to quit under the Agricultural Holdings Act
1986, Schedule 3 Part I Case D for non-compliance with notice to do work, requiring the consent of an
agricultural land tribunal to be obtained
166
Notice by tenant requiring reference to arbitration of questions (other than as to liability
to do work) arising from certain reasons stated in a notice to quit
167
Retirement notice, under the Agricultural Holdings Act 1986 section 49, on the grounds
of age or incapacity
E: AGRICULTURAL LAND TRIBUNAL

168
Checklist relating to applications to an agricultural land tribunal
169
Application for consent to the operation of a notice to quit
170
Reply to an application for consent to the operation of a notice to quit
171
Application to postpone the operation of a notice to quit
172
Reply to an application to postpone the operation of a notice to quit
173
Application for a certificate of bad husbandry
174
Reply to an application for a certificate of bad husbandry
175
Application for variation or revocation of a condition imposed by an agricultural land
tribunal when consenting to the operation of a notice to quit
176
Application for an agricultural land tribunal to direct a landlord to provide fixed
equipment
177
Reply to an application for a direction to provide fixed equipment
178
Application for approval of a long-term improvement
179
Reply to an application for approval of a long-term improvement
180
Application for a determination that the landlord has failed to carry out an improvement
within a reasonable time
181
Reply to an application for a determination that the landlord has failed to carry out an
improvement within a reasonable time
182
Application for a direction to treat an agricultural holding as a market garden
183
Reply to an application for a direction to treat an agricultural holding as a market garden
184
Application for a direction to avoid or relax a covenant against the burning of heather or
grass
185
Reply to an application for a direction to avoid or relax a covenant against burning of
heather or grass
188
Application for a direction and/or authorisation to carry out land drainage works
189
Reply to an application for a direction and/or authorisation to carry out land drainage
works
190
Notice by the applicant of his response to the Ministers report and recommendations
191
Application for variation of an order concerning land drainage
192
Application for a direction giving entitlement to a tenancy of an agricultural holding
succession on death
193
Reply to an application for a direction giving entitlement to a tenancy of an agricultural
holdingsuccession on death
194
Application for consent to the operation of a notice to quitsuccession on death
195
Reply to an application for consent to the operation of a notice to quitsuccession on
death
196
Notice of application for entitlement to a tenancysuccession on death
197
holdingsuccession on death
198
Application for a direction giving entitlement to a tenancy of an agricultural holding
succession on retirement
199
holdingsuccession on retirement
200
Notice of application for entitlement to a tenancysuccession on retirement
201
Demand for arbitration, following a direction by an agricultural land tribunal for grant of
a new tenancy, of variations in the terms and conditions of the new tenancy and/or the rent
202
Notice of the hearing of an application to an agricultural land tribunal
203
Request to an agricultural land tribunal for reference of a question of law to the High
Court
204
Notice to an agricultural land tribunal of intention to apply to the High Court for an order
directing the tribunal to refer question of law to the High Court
F: IMPROVEMENTS AND COMPENSATION CLAIMS

205
Checklist relating to claims by a tenant for compensation for improvements
206
Application by a tenant for written consent to long-term improvements
207
Landlords [notice of intention to give] consent to long-term improvements
208
Landlords notice to an agricultural land tribunal and his tenant that he proposes to carry
out himself improvements approved by the tribunal
209
Tenants notice of his intention to carry out mole drainage
210
Tenants notice of intention to claim compensation for continuous adoption of a special
system of farming
211Tenants notice of intention to claim more than one years rent as compensation for disturbance,
giving an opportunity to value stock etc
212
Landlords notice of intention to claim compensation for general deterioration of the
holding
213
Notice of intention to make a claim on termination of a tenancy, specifying the nature of
the claim
214
Tenants notice electing for compensation for certain tenant-right matters where the
tenant entered before 1 March 1948
215
Landlords notice requiring a tenant who entered before 1 March 1948 to elect whether he
will require compensation for certain tenant-right matters
216
Agreement between a landlord and tenant as to the compensation to be paid on
termination of the tenancy of an agricultural holding
217
Agreement between a landlord and the outgoing and incoming tenants as to the
compensation to be paid for improvements
218
Landlords consent to payment by the incoming tenant to the outgoing tenant of
compensation for old or new improvements
219
Tenants notice of occurrence of damage by game
220
Tenants notice of claim for compensation for damage by game, with particulars of the
damage, under the Agricultural Holdings Act 1986 section 20
221
Request for the making of a record of the condition of the holding [or tenants request for
a record of improvements, fixtures or buildings] under the Agricultural Holdings Act 1986 section 22
222
Demand for determination by arbitration, before the end of the tenancy, of the standard
(milk) quota under the Agriculture Act 1986, Schedule 1
223
Demand for determination by arbitration, before end of tenancy, of the tenants fraction
of standard (milk) quota under the Agriculture Act 1986 Schedule 1
224
Agreement between landlord and tenant, before the end of the tenancy, as to the amount
of the standard quota and/or the tenants fraction and/or the value of the milk quota under the
Agriculture Act 1986, Schedule 1
225
Tenants notice of intention to claim compensation for milk quota under the Agriculture
Act 1986 Schedule 1 on termination of his tenancy
226
Agreement between landlord and tenant as to the compensation to be paid for milk quota
under the Agriculture Act 1986, Schedule 1 on termination of the tenancy
PART 2: AGRICULTURAL RESIDENTIAL TENANCIES

(1) RENT (AGRICULTURE) ACT 1976
(A) Commentary
A: INTRODUCTION
601The application of the Rent (Agriculture) Act 1976

602Purpose of the Rent (Agriculture) Act 1976
B: THE PROVISIONS
1: BASIC REQUIREMENTS FOR PROTECTION
603Employment in agriculture
604Conditions for protection
605Consequences of protection
2: MEANING OF TERMS
606Relevant licence
607Relevant tenancy
608Qualifying ownership
609Qualifying worker
3: PROTECTED OCCUPIERS BY SUCCESSION
610Protection for successor
611Protected occupancy by succession
612Protection of an occupier who has been a protected occupier by succession
613Likelihood of a protected occupancy by succession
4: STATUTORY TENANCIES
(a) Introduction
614Becoming a statutory tenant
(b) Statutory tenancy by succession

615Statutory succession of the spouse of the deceased
616Statutory succession where there is no surviving spouse
617Security of a tenant by succession
(c) Terms of a statutory tenancy

618General
619Implied terms
(d) Rent under a statutory tenancy

620General
621Agreed rents
622Expiry of agreement
623Provisional rents
624Registration of a fair rent
625Notices of increase
626Restrictions on requirement to pay rent in advance
5: PLANNING PERMISSION
627Suspension of condition attached to planning permission
6: SUB-TENANTS
628General position of sub-tenants
629Further protection of sub-tenants
C: SECURITY OF TENURE
1: ORDERS FOR POSSESSION
630Generally
631Powers of the court in discretionary cases
2: CASES WHERE THE COURT HAS A DISCRETION TO ORDER POSSESSION
(a) Case I
632Alternative accommodation not provided by the housing authority
633Suitable accommodation
634The conditions that must be fulfilled
(b) Case II
635Alternative accommodation provided or arranged by housing authority
636The accommodation
(c) Cases IIIX

637Case III: rent unpaid
638Case IV: tenants conduct
639Case V: deterioration of dwelling 1
640Case VI: deterioration of furniture
641Case VII: sale of property after tenants notice to quit
642Case VIII: unlawful assignment
643Case IX: dwellinghouse required by landlord as residence
644Case X: subletting at excessive rent
3: CASES IN WHICH THE COURT MUST ORDER POSSESSION
645Case XI: dwellinghouse required as residence for original occupier
646Case XII: dwellinghouse required as retirement home
647Case XIII: overcrowded dwellinghouse
4: NOTICE TO QUIT
648Notice to quit
D: REHOUSING BY THE LOCAL AUTHORITY

1: GENERAL
649Introduction
650The requirements
2: THE DUTY OF THE HOUSING AUTHORITY
651Procedure
652Provision of accommodation
653Enforcement of duty
654700
Notification of changes

301
Tenancy agreement under the Rent (Agriculture) Act 1976
302
Notice for a rent book for a statutory tenancy under the Rent (Agriculture) Act 1976
under which rent is payable weekly
303
Notice to increase or introduce payment of rent and rates under the Rent (Agriculture)
Act 1976 section 12
304
Notice to increase or introduce payment of rent and rates under the Rent (Agriculture)
Act 1976 section 14
305
Application for registration of a fair rent in the case of a statutory tenancy arising under
the Rent (Agriculture) Act 1976
306
General notice to quit
307
Notice of intention to take proceedings to recover possession of a dwellinghouse under a
protected shorthold tenancy
321
Application for rehousing of an occupier of a dwellinghouse under the Rent (Agriculture)
Act 1976
(2) HOUSING ACT 1988
(A) Commentary
A: INTRODUCTION
701The Housing Act 1988
701A.
The Housing Act 1996
702Transitional provisions
702A.
The Housing Act 1996: transitional provisions
B: QUALIFICATION FOR PROTECTION

703Basic requirements
704Agricultural worker condition
705Qualifying tenancy or licence
705A.
The Housing Act 1996: qualifying tenancy or licence
706Assured tenancy
707The transition to protection
707A.
The Housing Act 1996: the transition to protection
708Succession
709Licence or tenancy by substitution
709A.
The Housing Act 1996: licence or tenancy by substitution
710Sub-tenancies
C: STATUTORY TERMS
1: STATUTORY PROTECTION
711The nature of statutory protection
712Statutory periodic tenancy
2: TERMS
(a) Variation of terms and implied terms

713Variation of the terms of a statutory tenancy
713A.
The Housing Act 1996: variation of the terms of a statutory tenancy
714Implied terms
(b) Rent
715Introduction
716The initial rent and subsequent variation
717Statutory periodic or periodic tenancies
717A.
The Housing Act 1996: statutory periodic tenancies
718Rent assessment committee
718A.
The Housing Act 1996: rent assessment committee
719Effective date of rent increase
720Rent increase during employment
721Distress
D: SECURITY OF TENURE
722Introduction
723Notice to commence proceedings
723A.
The Housing Act 1996: notice to commence proceedings
724Fixed term tenancies
724A.
The Housing Act 1996: fixed term tenancies
2: GROUNDS FOR POSSESSION
(a) General
725Generally
726Cases where the court must order possession
726A.
The Housing Act 1996: cases where the court must order possession
727Cases where the court has a discretion to order possession
727A.
The Housing Act 1996: Cases where the court has a discretion to order possession
(b) Re-housing by the local authority

728The general position
729The application
3: TERMINATION BY THE TENANT
730Periodic tenancies
731Fixed term tenancies
732Termination of employment
E: ASSURED SHORTHOLD TENANCIES

733Introduction
734Basic requirements
734A.
The Housing Act 1996: basic requirements
734B.
The Housing Act 1996: the exceptions
734C.
The Housing Act 1996: agricultural workers and prior notice
734D.
The Housing Act 1996: renewals
735Renewal of agreements
736Application of assured shorthold tenancies to agricultural employees
736A.
The Housing Act 1996: application of assured shorthold tenancies to agricultural
employees
737Rent
737A.
The Housing Act 1996: rent
738The rent assessment committees role
739Security of tenure
739A.
The Housing Act 1996: security of tenure
740Points for consideration

401
Tenancy agreement for an assured agricultural occupant or an assured shorthold tenant
under the Housing Act 1988
401.1
Tenants notice proposing that an assured tenancy be replaced by an assured shorthold
tenancy
402
Notice under the Housing Act 1988 section 8 seeking possession of a property let on an
assured agricultural occupancy
403
Form of notice for rent book for assured tenancy or assured agricultural occupancy under
which rent is payable weekly
404
Notice of intention to grant an assured shorthold tenancy where the tenancy meets the
conditions for an assured agricultural occupancy
405
Notice seeking possession of a property let on an assured shorthold tenancy
406
Notice under the Housing Act 1988 section 6 proposing different terms for a statutory
periodic tenancy
407
Application referring a notice under the Housing Act 1988 section 6(2) to a rent
assessment committee
408
Notice under the Housing Act 1988 section 13 by landlord proposing a new rent under an
assured periodic tenancy
409
Application under the Housing Act 1988 section 13(4) referring a notice proposing a new
rent under an assured periodic tenancy to a rent assessment committee
410
Application to a rent assessment committee under the Housing Act 1988 section 22(1) for
determination of a rent under an assured shorthold tenancy
411Notice by rent assessment committee requiring further information
412
Specified information on rents of assured tenancies and assured agricultural occupancies
PART 1: AGRICULTURAL BUSINESS TENANCIES
(1)
FARM BUSINESS TENANCIES
(A) Commentary
A: WHEN DOES THE AGRICULTURAL TENANCIES ACT 1995 APPLY?
1
Introduction
The Agricultural Tenancies Act 1995 (referred to in this part of the title as the 1995 Act) can only apply to a tenancy
which begins on or after 1 September 1995 1. A tenancy of an agricultural holding 2 which began before that date will
remain subject to the Agricultural Holdings Act 19863 (the 1986 Act).
The aim of the 1995 Act is to eliminate as quickly as possible tenancies having the protection of the 1986
Act. However, certain new tenancies beginning on or after 1 September 1995 which are special cases 4 will still have
the protection of the 1986 Act and cannot be farm business tenancies 5.
An arrangement such as a licence, which could have been converted into a tenancy protected by the 1986
Act6, is not so converted if the arrangement commences on or after 1 September 1995 7; any such arrangement that does
not amount in law to a tenancy will not fall to be dealt with by either the 1986 or the 1995 Act.
[1]
1
2
3
4
5
6
7
See the Agricultural Tenancies Act 1995 ss 2(1)(a), 41(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the meaning of agricultural holding see Paragraph 304 [2012] post.
As to the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE) see Paragraph 301 [2001] et seq post.
See the Agricultural Tenancies Act 1995 s 4. For details of the limited cases where the Agricultural Holdings Act 1986 applies to
new tenancies see Paragraph 301 [2001] et seq post. Other than under these limited exceptions there is no general ability to
contract back into the security of the Agricultural Holdings Act 1986.
See the Agricultural Tenancies Act 1995 s 2(1)(b). As to the meaning of farm business tenancy see Paragraph 3 [6] post.
Ie converted under the Agricultural Holdings Act 1986 s 2. This section relates to certain agreements for interests less than a
tenancy from year to year and certain licences: see Paragraph 310 [2026] et seq post.
See the Agricultural Tenancies Act 1995 s 4(1).
[2]
2
When does a tenancy begin?
Begin for the purposes of the 1995 Act does not necessarily mean the date upon which the agreement (if written) is
signed, or the date stated within the body of the agreement to be the commencement date of the term.
The tenancy begins on the day when, under the terms of the tenancy, the tenant is entitled to possession under
that tenancy1; this may be one of those dates, but it will not always be the case.
1
See the Agricultural Tenancies Act 1995 s 38(4) (1 Halsburys Statutes (4th Edn) AGRICULTURE)
[3][5]
B: STATUTORY REQUIREMENTS AND MEANING OF TERMS
1: FARM BUSINESS TENANCY

3
Meaning of farm business tenancy
A tenancy is a farm business tenancy 1 for the purposes of the 1995 Act if:
3.1
it meets the business conditions together with either the agriculture condition or the notice conditions 2; and
3.2
it is not a tenancy which cannot be a farm business tenancy3.
1
2
3
See the Agricultural Tenancies Act 1995 s 1(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the business, agriculture and notice conditions see Paragraphs 10 [14], 25 [30] and 18 [23] post respectively.
See the Agricultural Tenancies Act 1995 s 2 and Paragraph 1 [1] ante.
[6]
4
Requirements to be met
The requirements are, therefore, that:
4.1
it must be a tenancy1; and
4.2
it must meet the business conditions2; and
4.3
it must meet either the agriculture condition3 or the notice conditions4; and
4.4
it must begin on or after 1 September 19955; and
4.5
it must not be one of the special cases which still have the protection of the Agricultural Holdings Act 1986 6.
1
2
3
4
5
6
See Paragraph 5 [8] et seq post.

See Paragraphs 1 [1], 2 [3] ante.
See Paragraph 1 [1] ante and Paragraph 301 [2001] et seq post.
[7]
2: CREATION OF A TENANCY
5
Meaning of tenancy
Tenancy is defined as any tenancy other than a tenancy at will, and includes a subtenancy and an agreement for a
tenancy or subtenancy1. So, farm business tenancies can include:
5.1
fixed term tenancies of whatever length;
5.2
periodic tenancies, whether annual, six monthly, monthly or weekly;
5.3
contracts to enter into tenancies;
5.4
subtenancies.
The 1995 Act contains no equivalent to the magical conversion under the Agricultural Holdings Act 1986
which converts licences and informal arrangements into fully protected annual periodic tenancies 2. This means that, if
an arrangement is to come within the provisions of the 1995 Act, it must comply with the requirements for a properly
constituted tenancy3.
1
2
3
See the Agricultural Tenancies Act 1995 s 38(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). Fixed term tenancy means
any tenancy other than a periodic tenancy.
See the Agricultural Holdings Act 1986 s 2 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 310 [2026] et seq
post.
As to the formalities and other requirements for a tenancy see Paragraph 6 [9] et seq post.
[8]
6
Formalities
The tenancy may be oral, written or created by deed provided that the general formalities required by law are complied
with in connection with the particular term granted 1.
1
As to the general requirements and formalities for the creation of a tenancy see vol 22(1) (1996 Reissue) LANDLORD AND
TENANT (Business Tenancies) and 27(1) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT. There is no equivalent
for farm business tenancies of the right to a written tenancy agreement or the model clauses provided for by the Agricultural
Holdings Act 1986 ss 6, 7, Sch 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see Paragraphs 316 [2043], 321 [2062] post
and Form 102 [3051] post.
[9]
7
Exclusive possession
Exclusive possession is of primary importance when considering whether a legal relationship is that of licensor and
licensee or landlord and tenant 1. A tenant must have the right to the exclusive possession of the land. If the occupation
is without exclusive possession, it will be a licence only. Whether an arrangement is a tenancy or a licence generally
depends on whether exclusive possession has, in fact, been granted; it does not depend upon the intention of the
parties2.
Exceptions include where the parties did not intend a contractual relationship at all; and where exclusive
occupation can be explained by reference to a relationship other than landlord and tenant, for example, a purchaser in
occupation before completion. It may be difficult to draw the line between reservations to the landlord and the retention
of a degree of control which means that exclusive possession has not been granted. The courts have been astute to
identify sham arrangements and will look at the substance of what is intended 3.
In practice it may be difficult to grant a licence which does not give the licensee exclusive possession, since
many forms of farming, notably arable cropping, by their very nature demand exclusive possession for the licensee. It
is hard to envisage circumstances in which a licensee could farm land for the production of cereals, for example,
without enjoying exclusive possession of the land on which the cereals were being grown 4.
However, as a farm business tenant will now have only limited security of tenure, there is less incentive for
landowners to attempt to set up a licence5 unless they wish, for whatever reason, to fall outside the 1995 Act.
[10]
1
2
3
4
5
See the series of cases including Street v Mountford [1985] AC 809, [1985] 2 All ER 289, HL; AG Securities v Vaughan,
Antoniades v Villiers [1990] 1 AC 417, [1988] 3 All ER 1058, HL.
As to the distinction between a tenancy and a licence, and the significance of exclusive possession, see also 27(1) Halsburys
Laws (4th Edn Reissue) LANDLORD AND TENANT para 6 et seq.
Most of the leading cases on sham arrangements involved residential lettings and, therefore, the courts have been keen to ensure
that there has been no avoidance of the security of tenure legislation. There are some indications in the cases that the courts may
not be so ready to find a sham where business arrangements have been entered into. As the aim of the Agricultural Tenancies Act
1995 (1 Halsburys Statutes (4th Edn) AGRICULTURE) is to treat farming as any other business, the courts may be more prepared
to let the parties reach their own agreement. As to sham arrangements and mislabelling see also Paragraphs 366 [2218], 367
[2220] post.
See eg Padbury v York [1990] 2 EGLR 3, a case on the Agricultural Holdings Act 1948 (repealed).
See Paragraph 9 [13] post.
[11]
8
Other requirements for a tenancy
A tenancy must be for a definite period (a fixed term) or for a period which is capable of being definite because either
party can terminate it at the end of the period (a periodic tenancy) 1. The parties, the parcels and the price must be
ascertained or capable of ascertainment without the need for further agreement between the parties 2.
There is no requirement in common law (or under the 1995 Act) that the tenant should pay a monetary rent 3.
There may be circumstances, therefore, where exclusive possession is given in return for the tenant undertaking
obligations in connection with repairs, for example, or keeping the land in good heart, and this may be a tenancy which
falls within the 1995 Act.
1
2
3
A letting for an indefinite period is void for uncertainty: see Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC
386, [1992] 3 All ER 504, HL where a lease granted until the land was required for a road widening scheme was held to be void.
As to certainty of term and other requirements see further vol 22(1) (1996 Reissue) LANDLORD AND TENANT (Business
Tenancies).
See Ashburn Anstalt v Arnold [1989] Ch 1, [1988] 2 All ER 147, CA.
[12]
9
Short fixed term tenancies
In circumstances where grazing agreements 1 or Gladstone v Bower agreements2 have in the past been used to avoid
security of tenure under the Agricultural Holdings Act 1986, short fixed term farm business tenancies will now be used.
Provided that such a business tenancy is for a term of two years or less, it will simply expire at the end of the fixed term
without the need for any notice or notice period3.
Standard short form farm business tenancy agreements can be used and standard notices exchanged
beforehand4. Alternatively, in appropriate cases, reliance may be placed on the agriculture condition 5.
1
2
3
4
5

See Gladstone v Bower [1960] 2 QB 384, [1960] 3 All ER 353, CA and Paragraph 357 [2191] et seq post.
See the Agricultural Tenancies Act 1995 s 5 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 73 [83] post.
See eg Forms 5 [451], 6 [501], 10 [701] post.
As to the agriculture condition see Paragraph 25 [30] et seq post.
[13]
3: THE BUSINESS CONDITIONS
10
Meaning of the business conditions
All farm business tenancies must meet the business conditions1, which are2:
10.1
10.2
1
2
3
4
5
6
that all or part of the land3 comprised in the tenancy is farmed 4 for the purposes of a trade or business5; and
that, since the beginning of the tenancy6, all or part of the land so comprised has been so farmed.
See the Agricultural Tenancies Act 1995 s 1(1)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See ibid s 1(2).
[14]
11
Compliance with the business conditions required at all times
The business conditions must be complied with at all times from the beginning of the tenancy 1. If it can be shown that
there has been any period, however short, when the business conditions were not complied with, the tenancy will not
and can never again be a farm business tenancy2.
If, however, following the period of non-compliance, the tenant has remained in possession and has paid rent
and then later the business conditions and the agriculture condition are both complied with, there may be circumstances
in which a new periodic farm business tenancy can be implied.
Non-compliance with the business conditions, for however short a period, without a new periodic farm
business tenancy being implied, will lead to loss of compensation for improvements for the tenant 3 and may endanger
the landlords right to obtain vacant possession4.
1
2
3
4
As to when a tenancy begins see Paragraph 2 [3] ante.

See the Agricultural Tenancies Act 1995 s 1(2)(b) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Upon non-compliance, the letting will fall outside the farm business tenancy regime. If business use commences again, that
letting does not come back within the Agricultural Tenancies Act 1995, but it may then be secured under the Landlord and
Tenant Act 1954 Pt II (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). See Form 2 [306] post.
[15]
12
When farming ceases
If a question arises as to when a tenancy stopped being a farm business tenancy, it must be when there was the first
failure to comply with the business conditions. Once farming has ceased altogether, even if the intention is to start
again at some time in the future, the business conditions will have been broken. Difficult questions may arise as to
when farming has ceased1.
When deciding whether the business conditions have always been complied with, the burden of proof is on
the person who is trying to show non-compliance2.
1
2
Reliance on cases in analogous areas such as abandonment of agricultural uses under the Agricultural Holdings Act 1986 (1
Halsburys Statutes (4th Edn) AGRICULTURE) Act) should be cautious.
[16]
13
Monitoring the business conditions
The following should be considered:
13.1 If the protection of the Landlord and Tenant Act 1954 Part II is excluded by an agreement approved by the
courts, there is little danger from non-compliance 1. It is not, however, clear that the courts would be prepared to
grant such an order where, on the face of the tenancy, it is a farm business tenancy.
13.2 Compliance with the business conditions may be monitored by controls in the tenancy agreement 2. A positive
obligation to farm part of the land for the purposes of a trade or business, with farm and trade or business
specifically stated to mean the same as in the 1995 Act 3 will, therefore, assist in ensuring compliance, provided
that there is no consent or acquiescence on the part of the landlord 4.
[17]
1
If, when farming has ceased, the letting then complies with the Landlord and Tenant Act 1954 s 23 (23 Halsburys Statutes (4th
Edn) LANDLORD AND TENANT) and if that Act has not been excluded by agreement approved by the court (see further vol 22(1)
- (3) (1996-1997 Reissue) LANDLORD AND TENANT (Business Tenancies)), there may be enhanced security of tenure for the
tenant under that Act. As to the relationship between the Agricultural Tenancies Act 1995 (1 Halsburys Statutes (4th Edn)
AGRICULTURE) and the Landlord and Tenant Act 1954 Pt II see Form 2 [306] post.
See the Agricultural Tenancies Act 1995 s 1(8) which provides that any use of the land in breach of the terms of the tenancy, any
commercial activities carried on in breach of those terms, and any cessation of such activities in breach of those terms, shall be
disregarded in determining whether at any time the tenancy meets the business conditions or the agriculture condition, unless the
landlord or his predecessor in title has consented to the breach or the landlord has acquiesced in the breach.
3
4
See Paragraphs 14 [19], 15 [20] post. Note, however, that user clauses may have an impact upon the determination of market
rent.
See note 2 above.
[18]
14
Meaning of farmed
The use of the word farmed in the definition of business conditions is new and may well lead to litigation. The 1995
Act does not contain an exhaustive definition of farmed, although it does contain this partial definition 1:
References in this Act to the farming of land include references to the carrying on in relation to land of any
agricultural activity.
The temptation to update and expand the definition of agriculture and agricultural has been resisted it
remains2 as in the Agricultural Holdings Act 1986 except for a minor amendment in the definition of livestock 3.
No attempt has been made to address directly questions of land used for set aside or whether, for example,
leasing of milk quota can be said to be farming. Farmed is a wider term than the carrying on of agricultural activities.
To farm does seem to connote, however, some activity and would not seem to cover buying or selling or leasing of
quotas or subsidies. These questions may be of particular importance if farm business tenancies and business tenancies
within the Landlord and Tenant Act 1954 Part II are to be used on the same farm or estate 4.
1
2
3
See ibid s 38(1) and Paragraphs 308 [2016], 309 [2017] post.
Livestock includes any creature kept for the production of food, wool, skins or fur or for its use in the farming of land: ibid s
38(1). The additional words or the carrying on in relation to land of any agricultural activity (referred to in ibid s 38(2)) appear
in the Agricultural Holdings Act 1986 s 96(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Note that if a tenancy is a farm business tenancy it is excluded from the protection of the Landlord and Tenant Act 1954 Pt II
(23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) by ibid s 43(1)(aa) as inserted by the Agricultural Tenancies Act
1995 s 40, Schedule para 10. See also Form 2 [306] post.
[19]
15
The purposes of a trade or business
The land must be farmed for the purposes of a trade or business. The farming activity must, therefore, be commercial
in nature and must not be an activity which is merely supplementing the income of the tenant; for example, selling
surplus vegetables grown primarily for the family1.
Grazing remains as an independent agricultural activity 2. It is likely, therefore, that the difficult questions in
relation to horses and businesses involving horses will be answered in the same way under the new legislation as under
the old3.
1
2
3
It is a question of degree. There is all the difference in the world between adding a small amount to ones earnings by buying or
selling animals and carrying on a trade or business of an agricultural nature: see Hickson & Welch Ltd v Cann (1977) 40 P & CR
218n at 220, CA; Wetherall v Smith (1980) 40 P & CR 205 at 213, CA.
See the definition of agriculture in the Agricultural Tenancies Act 1995 s 38(1) (1 Halsburys Statutes (4th Edn)
AGRICULTURE).
See Scammell & Denshams Law of Agricultural Holdings (7th Edn, 1989) pp 2729.
[20]
16
All or part of the land
At least part of the land must be farmed for the purposes of a trade or business. The rest of the land may be farmed for
hobby purposes or used for non-agricultural or non-farming activities, subject to the requirements of the notice
conditions1 and agriculture condition2.
There is no requirement as to the percentage of land which is to be farmed and there is no requirement that
the part farmed needs to be the same part throughout the life of the tenancy. However, to be safe from an accusation
that the business conditions have not been complied with at some stage, the tenant ought to ensure that, if he is
changing the area of land to be farmed, he allows for some overlap when both areas will be farmed.
Note that whilst only part of the land needs to be farmed throughout the life of the tenancy, it is necessary,
whether the agriculture condition or the notice conditions are relied upon, to show that the tenancy is primarily or
wholly agricultural3 at the outset. It is not possible to utilise the 1995 Act to avoid the provisions for protection of
business tenancies under the Landlord and Tenant Act 1954 Part II 4 where, from the outset, it is intended that farming
will only form a small part of the commercial activities on the land.
1
2
3
4
[21]

See vol 22(1) - (3) (1996-1997 Reissue) LANDLORD AND TENANT (Business Tenancies).
4: THE NOTICE CONDITIONS

17
Introduction
All farm business tenancies must comply with the business conditions and either the notice conditions or the agriculture
condition. The agriculture condition alternative does not allow for diversification on any major scale and carries with it
the risk of slipping out of the farm business tenancy code and into the business tenancy code. It is likely, therefore, that
all professionally drawn agreements will use the notice conditions which allow for diversification and, provided that
the business conditions continue to be fulfilled, prevent the tenancy from leaving the farm business tenancy regime.
[22]
18
Meaning of the notice conditions
The notice conditions are1:
18.1 that, on or before the relevant day 2, the landlord and the tenant each gave the other a written notice 3;
18.2 that, at the beginning of the tenancy, having regard to the terms of the tenancy and any other relevant
circumstances, the character of the tenancy was primarily or wholly agricultural 4.
1
2
3
4
As to the contents of the notices see Paragraph 19 [24] post.
See Paragraphs 24 [29], 28 [33] post.
[23]
19
Contents of the notices
The 1995 Act requires two notices: one from landlord to tenant and one from tenant to landlord. The notices must be in
writing, regardless of whether the tenancy is written or oral. There is no prescribed form for the notices, but each notice
must1:
19.1 identify by name or otherwise 2 the land to be comprised in the tenancy or proposed tenancy; and
19.2 contain a statement to the effect that the person giving the notice intends that the tenancy or proposed tenancy is
to be, and is to remain, a farm business tenancy.
There is no requirement that the notices be signed, dated or acknowledged but all of these should be done for
evidential purposes.
1
2
See the Agricultural Tenancies Act 1995 s 1(4)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For a form of notice see
Form 10 [701] post.
It is advisable to use exactly the same description of the land and the same plan as will be used for the tenancy.
[24]
20
When should the notices be given?
The notices must be given on or before the relevant day 1. The relevant day means the beginning of the tenancy 2 or, if
earlier, the day on which the parties enter into any instrument creating the tenancy (other than a contract to enter into a
tenancy on a future date)3.
Where under a contract for a tenancy 4 the tenant is entitled to possession immediately, notices need to be
given at that point even if, for example, a written lease or tenancy agreement is not drawn up for some weeks.
Similarly, where a written tenancy is entered into on one date, allowing the tenant into possession on a later date, the
notices must be exchanged on or before the earlier date.
There is no specific requirement that the notices be exchanged before the tenancy is entered into or the tenant
is entitled to possession, but it must be done at the latest on the same day and it is probably better to exchange notices
at least the day before to avoid evidential problems 5.
1
2
3
4
5
See Paragraph 2 [3] ante.
A tenancy granted pursuant to a contract is taken to have been granted when the contract was entered into: see ibid s 38(3).
Ibid s 1(4), which sets out the information to be contained in the notice, is drafted in such a way as to assume that the notices
will be exchanged first.
[25]
21
Service of notices
A notice is duly given1 if it is delivered to the recipient, left at his proper address 2 or given to him in a manner
authorised by a written agreement (between the giver and recipient of the notice) made at any time before the giving of
the notice. Service by fax is not sufficient without an express written agreement for service by such method 3.
Service by one of these methods on an agent or servant of the landlord responsible for the control of the
management of the holding, or an agent or servant of the tenant responsible for the carrying on of a business on the
holding, is sufficient service on the landlord or tenant respectively 4.
1
2
3
4
See the Agricultural Tenancies Act 1995 s 36(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). Ibid s 36 applies to any notice
or other document required or authorised to be served under the 1995 Act: ibid s 36(1). See also Paragraphs 78 [89], 79 [90]
post.
Ie the last known address for an individual, or the registered or principal office if the intended recipient is the secretary or clerk
of a body corporate: see ibid s 36(4), (6).
See ibid s 36(3).
See ibid s 36(5).
[26]
22
Defective notices
A defective notice or the defective service of a notice is not necessarily fatal to the status of a farm business tenancy.
Provided that the agriculture condition1 is complied with at the outset, and at the time of challenge, and provided that
part of the land has been farmed for the purposes of a trade or business throughout its life 2, it will still be a farm
business tenancy.
1
2

See Paragraph 10 [14] et seq ante.
[27]
23
Exception to the notice conditions in the case of surrender and regrant
The notice conditions need not be complied with in respect of a farm business tenancy where 1:
23.1 the tenancy (the new tenancy) is granted to a person who, immediately before the grant, was the tenant under a
farm business tenancy (the old tenancy) which met the notice conditions; and either
23.1.1
the land comprised in the new tenancy is the same as the land comprised in the old tenancy, apart
from changes in area which are small in relation to the size of the holding and do not affect the
character of the holding; or
23.1.2
the old and new tenancies are both fixed term tenancies, but the term date under the new tenancy is
earlier than the term date under the old; and
23.2 otherwise, the terms of the new and old tenancies are substantially the same 2.
1
2
See the Agricultural Tenancies Act 1995 s 3 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Landlords should be aware of the danger of agreeing variations which in law amount to a surrender and regrant but do not fall
within the provisions of ibid s 3. Both notice conditions (see Paragraph 18 [23] ante) would need to be complied with at the time
of the regrant. If the new tenancy does not meet the notice conditions or the agricultural condition, it may inadvertently fall
within the protection of the Landlord and Tenant Act 1954 s 23 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT):
see Form 2 [306] post.
[28]
24
Agricultural character of the tenancy
The second notice condition1 is that, at the beginning of the tenancy, having regard to the terms of the tenancy and
other relevant circumstances, the character of the tenancy is primarily or wholly agricultural 2.
Compliance with the notice conditions allows for diversification because the agricultural nature of the
tenancy is only to be considered at the beginning of the tenancy. Substantial diversification can then take place
provided that part of the land is always farmed, in order to comply with the business conditions 3.
It is particularly important in the case of a letting where there is some question over the extent of agricultural
use at the beginning of the tenancy that the tenancy is excluded from the security of tenure provisions of the Landlord
and Tenant Act 1954 Part II by an agreement approved by the court 4.
1
2
3
4
Ie the Agricultural Tenancies Act 1995 s 1(4)(b) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
The meaning of primarily or wholly agricultural is considered in connection with the agricultural condition: see Paragraph 28
[33] post. This requirement is to ensure that the farm business tenancy code is only available to businesses which are, at least at
the outset, essentially farming businesses and is not used to avoid the security of tenure of the Landlord and Tenant Act 1954 Pt
II (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Landlord and Tenant Act 1954 s 38 as amended and Form 2 [306] post. See also Form 9 note 2 [664] post.
[29]
5: THE AGRICULTURE CONDITION
25
Meaning of the agriculture condition
The agriculture condition is that, having regard to:

25.1 the terms of the tenancy;
25.2 the use of the land comprised in the tenancy;
25.3 the nature of any commercial activities carried on on that land; and
25.4 any other relevant circumstances;
the character of the tenancy is primarily or wholly agricultural 1.
1
Agricultural Tenancies Act 1995 s 1(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[30]
26
Relevance of the agriculture condition
The agriculture condition is a sweep up provision designed to apply when notices have not been exchanged. It is
likely only to be relevant where:
26.1 there is an oral or written letting without professional advice; or
26.2 defective notices have been served; or
26.3 there has been an inadvertent surrender and re-grant 1; or
26.4 the nature of the letting is such that it is not worth the additional expense of the notices (eg a short term grazing
tenancy with a user clause confining use to grazing and/or mowing only).
1
Ie not within the provisions of the Agricultural Tenancies Act 1995 s 3 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and
where fresh notices have not been served: see Paragraph 23 [28] ante.
[31]
27
Compliance with the agriculture condition
When assessing whether or not the agriculture condition has been complied with, any use of the land, any commercial
activities or any cessation of activities in breach of the terms of the tenancy agreement are to be disregarded save where
the landlord or his predecessor in title has consented or the landlord has acquiesced in the breach 1.
The requirement for compliance with the agriculture condition can be contrasted with that for the business
conditions. Any failure at any time during the life of the farm business tenancy to comply with the business conditions
means that the tenancy ceases to be a farm business tenancy even if, subsequently, the business conditions are complied
with again. In the case of the agriculture condition, however, the condition is fulfilled provided that the character of the
tenancy is primarily or wholly agricultural at the time the status is challenged, and past non-compliance is irrelevant. It
is possible, therefore, that a tenancy where valid notices have not been served can, where part of the land is farmed
throughout, slip into and out of the farm business tenancy regime and the Landlord and Tenant Act 1954 regime 2.
1
2
Agricultural Tenancies Act 1995 s 1(8) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 13 note 2 [18] ante.
In cases where there is doubt as to whether the agriculture condition is being complied with, the factors which may influence a
landlords decision as to termination of the tenancy, and the question whether it is in the landlords or tenants interest to assert
compliance or non-compliance, will need careful consideration.
[32]
2840
Primarily or wholly agricultural
Substantial diversification will not be permissible if the notice conditions have not been complied with, as the
obligation under the agriculture condition is for the character of the tenancy to be primarily or wholly agricultural.
Primarily or wholly agricultural is a new expression. Whilst cases under the Agricultural Holdings Act 1986 may be
of use, care should be taken in placing too much reliance upon them as the wording of the two Acts is different,
although sufficiently close in concept in some instances to make the old cases worth looking at 1.
The approach in the old cases to the question of assessing substantial use is likely to be an approach followed
under the 1995 Act: it is a matter of overall impression taking into account all relevant factors. Similarly, the terms of
the tenancy agreement, particularly if purposes are specified, are likely to be important.
Note that the agriculture condition does not use the word farmed. It is possible, therefore, for the whole of
the land comprised in the tenancy to be farmed 2 but for the tenancy still not to satisfy the agriculture condition.
[33]
1
In the Agricultural Holdings Act 1986 s 1(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE), a contract of tenancy is regarded
as a contract for an agricultural tenancy if (substantially) the whole of the land is let for use as agricultural land (see ibid s 1(4)
and Paragraph 305 [2013] et seq post); this is considered by reference to:
(a)
the terms of the tenancy;
(b)
the actual or contemplated use of the land at the time of the conclusion of the contract and subsequently; and
(c)
any other relevant circumstances.
Unlawful uses not permitted by the tenancy are to be ignored in making that assessment (see Kempe v Dillon-Trenchard (1951)
101 LJR 417, [1951] EGD 13), as they are in most cases under the Agricultural Tenancies Act 1995 (1 Halsburys Statutes (4th
Edn) AGRICULTURE): see ibid s 1(8).
[34][50]
C: TENANTS FIXTURES AND BUILDINGS

41
Tenants right to remove fixtures
Subject to certain exceptions 1, a tenant under a farm business tenancy has the right to remove any fixture affixed to,
and any building erected on, the holding by the tenant 2 and any fixture or building acquired by the tenant 3. This right
may be exercised at any time during the continuance of the tenancy or at any time after the termination of the tenancy
when he remains in possession as tenant4.
The tenant must immediately make good all damage to the holding that is occasioned by the removal of a
fixture or building5, and is obliged not to do any avoidable damage 6. There is no right to contract out of this statutory
provision7 and no substituted or alternative right8.
1
2
3
4
5
6
7
8

Ibid s 8(5).
This would include where the tenant is holding over or has taken a new tenancy.
Agricultural Tenancies Act 1995 s 8(4).
Ibid s 8(3).
Except as provided by ibid s 8(2)(d) (see Paragraph 42.4 [52] post): ibid s 8(6).
Ibid s 8(7).
[51]
42
Fixtures and buildings to which the right of removal applies
The right of removal is specifically stated to apply to any fixture of whatever description affixed to the holding by the
tenant (or acquired by him) whether for the purposes of agriculture or not, and it also applies to any building erected
or acquired by the tenant1, but there is no right to remove the following 2:
42.1 a fixture affixed or a building erected in pursuance of some obligation;
42.2 a fixture affixed or a building erected instead of some fixture or building belonging to the landlord;
42.3 a fixture or building in respect of which compensation has been paid as a tenants improvement 3;
42.4 a fixture or building in respect of which the landlord has given consent 4 on condition that the tenant will not
remove it, and which the tenant has agreed not to remove.
1
2
3
See the Agricultural Tenancies Act 1995 s 8(1), (5) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ibid s 8(2). Cf the Agricultural Holdings Act 1986 s 10 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see Paragraph 327
[2092] post.
As to the tenants right to compensation for improvements see Paragraph 91 [101] et seq post. Even if the tenant has the right to
claim compensation in respect of the fixture as an improvement, he has the option of removing the fixture instead of making the
compensation claim.
Ie consent under the Agricultural Tenancies Act 1995 s 17 to the provision of the fixture or building as a tenants improvement
(see Paragraph 94 [105] post). If a fixture or building is readily removable, the tenant may be better advised to provide it as a
tenants fixture rather than as an improvement, and so avoid possible problems with landlords consent and the compensation
provisions (see Paragraph 94 [105] et seq post).
[52]
43.50 Comparison with the right of removal under the Agricultural Holdings Act 1986
The 1995 Act is more favourable to tenants than the Agricultural Holdings Act 1986 1 because:
43.1 There is no pre-condition that the tenant must have complied with the terms and conditions of the tenancy and
paid all the rent due and owing before he can exercise his right of removal 2.
43.2 The right of removal is at any time during or after the currency of the tenancy whilst he remains in possession
as tenant3 with no obligation to serve notice on the landlord first 4.
43.3 The landlord has no entitlement to take the fixtures at a valuation 5.
1
2
3
4
5

Cf the Agricultural Holdings Act 1986 s 10(3)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Cf the Agricultural Holdings Act 1986 s 10(3)(b).
Cf ibid s 10(4).
[53][60]
D: RENT REVIEW
1: INTRODUCTION
51
Contractual and statutory rent review
Under the 1995 Act there are three basic options:
51.1 The lease or tenancy agreement may contain an express statement that the rent is not to be reviewed during the
tenancy1.
51.2 The lease or tenancy agreement may provide that the rent is to be varied at a specified time or times during the
tenancy:
51.2.1
by or to a specified amount2; or
51.2.2
in accordance with a specified formula which does not require or permit the exercise by any person of
any judgment or discretion and which must not be upwards only3;
but that otherwise the rent is to remain fixed.
51.3 In the absence of such statement or provision in the instrument creating the tenancy, the statutory rent review
machinery4 will be applied5. However, if the parties choose a rent review formula which does not fall within the
statutory provision6 and if (but only if) both parties wish to follow that formula at the particular review, they are
not prevented from doing so, except that they cannot appoint an arbitrator to determine the rent payable on that
basis7.
1
2
3
4
5
6
7
See the Agricultural Tenancies Act 1995 s 9(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ibid s 9(b)(i).
See ibid s 9(b)(ii) and Paragraph 52 [62] post.
Agricultural Tenancies Act 1995 s 9.
Ie ibid s 9(b).
See ibid s 12(b).
[61]
52
Contractual formula for variation of rent
If the parties provide in the tenancy agreement for the rent to remain fixed unless varied (at a specified time or times
during the tenancy) in accordance with a specified formula, that formula:
52.1 must not preclude a reduction; and
52.2 must not require or permit the exercise by any person of any judgment or discretion in relation to the
determination of the rent of the holding 1.
The formula must permit a mathematical and identifiable calculation to be made with no human judgment
required. Determination by reference to indices would be a possibility under this option. Consideration should,
however, be given to whether the use of indices, such as the Retail Price Index, will bear a sufficiently close
resemblance to farm profitability or rental levels at the time of review. Care should therefore be taken in choosing this
option, particularly in respect of a medium to long term tenancy.
Initially concerns were expressed that the exercise of judgment in determining the commodities to be taken
into account for indices would prevent their use under this option. It is generally thought that the exercise of judgment
in the compilation of the indices will not fall foul of the requirements of the option provided there is no exercise of
discretion in the application of the indices to the rent.
Note that it is not possible to invoke the statutory rent review mechanism under the Agricultural Holdings Act
19862 under any of the options. If the contractual options are chosen, the parties should define the timing of reviews, if
applicable; the provision for review dates in Part II of the 1995 Act 3 applies to statutory rent review only.
1
2
3
See the Agricultural Tenancies Act 1995 s 9(b)(ii) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie under the Agricultural Holdings Act 1986 s 12, Sch 2 (1 Halsburys Statutes (4th Edn) AGRICULTURE). See Paragraph 334
[2116] et seq post.
[62]
2: STATUTORY RENT REVIEW
53
General
If there is no provision as to rent review complying with the requirements of the 1995 Act 1 and no other contractual
choice which the parties agree to follow through, the statutory rent review machinery must be applied 2. This requires
the rent to be fixed at the open market level with minimal disregards (ie tenants fixtures or improvements, tenants
actual occupation, tenants dilapidations)3. The statutory rent review will always apply to oral lettings since the agreed
alternative option must be included in a tenancy agreement for evidential purposes 4.
Such reviews cannot take place more often than once every three years unless there is a written agreement
providing for alternative rent review dates5. A trigger notice called the statutory review notice must be given 6.
1
2
3
4
5
6

See ibid s 13 and Paragraphs 57 [68], 58 [69] post.
See ibid s 9.
[63]
54
The statutory review notice
A statutory review notice1 must be given to trigger a statutory rent review from a review date 2 complying with the
statutory requirements. The statutory review notice is a notice in writing, given by the landlord or tenant under a farm
business tenancy to the other, requiring a referral to arbitration, in accordance with the statutory provisions, of the rent
to be payable as from the review date 3. There is no prescribed form for the notice other than that it must be in writing
and must specify the review date4.
1
2
3
4
This term is defined in the Agricultural Tenancies Act 1995 s 10(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the review date see Paragraph 56 [66] post.
For a form of notice see Form 11 [702] post.
[64]
55
Frequency of rent reviews
The parties may agree in writing for rent reviews of whatever frequency they wish and from whatever date or dates
they wish1. The parties are free to provide for irregular review dates in the tenancy agreement and thus, for instance,
delay the first review for a number of years. They are able to choose the frequency of the review and/or the date in any
particular year when a review is to take effect, even if the review itself is to be in accordance with the statutory
formula. The agreement as to review dates must be made in writing, but need not be included in the tenancy agreement
itself.
If no such agreement is reached, a statutory rent review cannot take place before the end of a three year
period beginning with the latest of certain specified dates 2. Although three yearly reviews are familiar from the
Agricultural Holdings Act 1986, an agreement not to change the rent will start time running under the 1995 Act 3
whereas, under the 1986 Act, an increase or decrease in rent would be required to start time running again.
1
2
3
See the Agricultural Tenancies Act 1995 s 10(4), (5) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 56 [66]
post.
See ibid s 10(6)(b) and Paragraph 56.4 [66] post.
See Paragraph 56.4.4 [66] post.
[65]
56
The review date in a statutory review notice
In relation to a statutory review notice, the review date means a date which is specified in that notice and which
complies with certain requirements 1. The date must be at least 12 months but less than 24 months after the day on
which the statutory review notice is given 2, and:
56.1 if the parties have agreed in writing that the rent may be varied from a specified date or at specified intervals, it
must be a date as from which the rent could be varied under the agreement 3;
56.2 if the parties have agreed in writing that the review date for the purposes of Part II of the 1995 Act is to be a
specified date or dates, it must be the agreed date or one of those dates 4.
However, if no such agreement as to a review date has been made, then:
56.3 it must be an anniversary of the beginning of the tenancy 5 or (if the parties have agreed in writing that the
review date for the purposes of the 1995 Act is to be some other day) that other day of the year 6; and
56.4 it must not fall before the end of three years beginning with the latest of the following dates 7.
56.4.1
the beginning of the tenancy;
56.4.2
any date as from which a previous direction of an arbitrator as to the amount of the rent took effect;
56.4.3
any date as from which a previous determination (made by a person appointed otherwise than as
arbitrator) as to the amount of the rent took effect;
56.4.4
any date as from which a previous agreement in writing between the landlord and tenant 8, made since
the grant of the tenancy, as to the amount of the rent took effect.
[66]
2
3
4
5
6
7
8
See the Agricultural Tenancies Act 1995 s 10(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to the review date where
there is a new farm business tenancy of a severed part of the reversionary estate see ibid s 11, but note that a severance of the
reversion does not automatically create new tenancies: see Jelley v Buckman [1974] QB 488, [1973] 3 All ER 853, CA and 27(1)
Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT para 484.
See ibid s 10(4).
See ibid s 10(5).
As to the beginning of the tenancy see Paragraph 2 [3] ante.
See the Agricultural Tenancies Act 1995 s 10(6)(a).
See ibid s 10(6)(b).
See eg Form 12 [703] post.
[67]
57
Amount of rent
On a reference made in pursuance of a statutory review notice, the arbitrator must determine the rent properly
payable1. This is defined2 as:
the rent at which the holding might reasonably be expected to be let on the open market by a willing landlord to a
willing tenant, taking into account all relevant factors, including (in every case) the terms of the tenancy .
The terms of the tenancy include the user covenants and what the parties have agreed as to the review date 3, but not
terms relating to the criteria by reference to which the new rent is to be determined.
The open market value formula is based on the hypothetical landlord and the hypothetical tenant (who must
be willing rather than prudent and willing) 4, with a limited number of matters to be disregarded 5. The productive
capacity and related earning capacity of the holding are irrelevant in the statutory review.
1
2
3
4
5
See the Agricultural Tenancies Act 1995 s 13(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The rent properly payable is
as at the review date (and not the date of reference to arbitration as provided under the Agricultural Holdings Act 1986 (1
Halsburys Statutes (4th Edn) AGRICULTURE)).
Agricultural Tenancies Act 1995 s 13(2).
Ie factors which are relevant for the purposes of ibid s 10(4)(6) (see Paragraphs 56.156.4 [66] ante): ibid s 13(2).
Cf the Agricultural Holdings Act 1986 s 12, Sch 2 (see Paragraph 336 [2118] et seq post).
As to the matters to be disregarded see Paragraph 58 [69] post.
[68]
58
Matters to be disregarded
The arbitrator must disregard any effect on the rent of the fact that the tenant who is a party to the arbitration is in
occupation of the holding; and he must not fix the rent at a lower amount by reason of any dilapidation or deterioration
of, or damage to, buildings or land, that was caused or permitted by the tenant 1.
The arbitrator must also disregard any increase in the rental value of the holding due to tenants
improvements2, with the exception of the following 3:
58.1 any tenants improvement provided under an obligation which was imposed on the tenant by the terms of his
tenancy (or any previous tenancy) and which arose on or before the beginning of the tenancy in question;
58.2 any tenants improvement to the extent that any allowance or benefit has been made or given by the landlord in
consideration of its provision; and
58.3 any tenants improvement to the extent that the tenant has received any compensation from the landlord in
respect of it.
1
2
3
As to the meaning of tenants improvement see ibid s 13(5) and Paragraph 92 [102] post.
Ibid s 13(3).
[69]
59
Disputes procedures
The statutory rent review notice must require the rent to be payable in respect of the holding to be referred to
arbitration1. The landlord and tenant may, under an agreement made after the service of the review notice, either
appoint an arbitrator or appoint a third party to determine the question of the rent (otherwise than as arbitrator) on an
agreed basis2.
If no such agreement is made either party may, at any time during the period of six months ending with the
review date, apply to the President of the Royal Institution of Chartered Surveyors for the appointment of an arbitrator 3.
From then on, the resolution of a dispute is governed by Section 30 of the 1995 Act and the Arbitration Acts 4.
Disputes procedures for farm business tenancies are not subject to a separate code 5.
2
3
4
5
See the Agricultural Tenancies Act 1995 s 10(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 54 [64] ante.
This is similar to the Agricultural Holdings Act 1986 s 12(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE): see Paragraph
334 [2116] post.
See the Agricultural Tenancies Act 1995 s 12(a), (b) and Form 24 [743] post.
See ibid s 12 and Form 25 [745] post.
See Paragraph 124 [145] post. As to the Arbitration Acts 19501979 (2 Halsburys Statutes (4th Edn) ARBITRATION ) see
generally vol 3(1) ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION .
Cf the Agricultural Holdings Act 1986: see Paragraphs 335 [2117] et seq, 464 [2546] et seq post.
[70]
6070
Conduct of farm business tenancy rent reviews
The combined effect of the introduction of the open market formula and the provisions as to the resolution of disputes
will ensure that farm business tenancy rent reviews are conducted more in accordance with the procedures applicable to
arbitrations in respect of commercial lettings of business and industrial premises 1. Some consequences of this are that:
60.1 other arbitrators awards are likely to be inadmissible 2;
60.2 only the information available on the open market which can be determined objectively will be available in
setting the rent3;
60.3 there are much more limited discovery provisions 4;
60.4 with the wide variety of terms and conditions applicable to new tenancies, care will need to be taken when
adducing evidence of comparables to evaluate properly their comparability.
1
2
3
As to rent review generally see 27(1) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT para 261 et seq and see vols
22(1) - (3) (1996-1997 Reissue) LANDLORD AND TENANT (Business Tenancies)
Land Securities plc v Westminster City Council [1993] 4 All ER 124, [1993] 1 WLR 286.
See Royal Exchange Assurance v Bryant Samuel Properties (Coventry) Ltd [1985] 1 EGLR 84; Dennis & Robinson Ltd v
Kiossos Establishment [1987] 1 EGLR 133, 54 P & CR 282, CA; and FR Evans (Leeds) Ltd v English Electric Co Ltd (1977) 36
P & CR 185.
See WJ Barton Ltd v Long Acre Securities Ltd [1982] 1 All ER 465, [1982] 1 WLR 398, CA; Cornwall Coast Country Club v
Cardgrange Ltd [1987] 1 EGLR 146; Electricity Supply Nominees Ltd v London Clubs Ltd [1988] 2 EGLR 152; and Temple &
Crook Ltd v Capital and Counties Property Co Ltd [1990] 2 EGLR 129.
[71][80]
E: TERMINATION OF FARM BUSINESS TENANCIES

1: INTRODUCTION
71
Security of tenure
The only security of tenure for farm business tenants is:
71.1 Fixed term tenancies of more than two years will continue as annual periodic tenancies unless determined by
notice to quit complying with the statutory provisions 1.
71.2 The notice requirements for annual periodic tenancies are fixed by statute and the notice period is longer than
the period under common law2.
71.3 Break clauses in leases for terms of more than two years are subject to statutory stipulations as to the length of
notice3.
1
2
3
See the Agricultural Tenancies Act 1995 s 5 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 72 [82] post.
See ibid s 6 and Paragraph 74 [84] post.
See ibid s 7 and Paragraph 76 [86] post.
[81]
2: TYPES OF TENANCY
72
Fixed term tenancies of more than two years
Fixed term tenancies of more than two years will not come to an end on the term date 1 merely by effluxion of time. If a
party wishes such a tenancy to end on its term date he must give the other party written notice of his intention to
terminate the tenancy on that date at least 12, but less than 24, months in advance 2.
Either party may serve the notice. If no such notice is given, the tenancy will continue after the term date as
an annual periodic tenancy on the same terms and conditions (so far as applicable) as the original fixed term 3. It is
likely that the courts will find such a continuation tenancy to be contractual in nature 4. Once such a fixed term
tenancy has become an annual periodic tenancy the method of termination is as for those tenancies which have been
annual periodic tenancies from the outset5. It is not possible to contract out of these provisions 6.
1
2
3
4
5
6
See ibid s 5(1) and Form 13 [711] post.
See ibid s 5(1).
Cases under the Landlord and Tenant Act 1954 Pt II (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) have
considered this point in the context of the continuing obligations of original tenants and sureties. The consensus is that the
continuation tenancy extends the contractual term with a statutory variation to the method of termination. See for example City
of London Corpn v Fell [1993] QB 589 at 604, CA; affd [1994] 1 AC 458, HL. If this analysis is correct in the context of
tenancies continued by the Agricultural Tenancies Act 1995 s 5, the tenant continues to have an estate rather than simply a
personal licence to occupy.
[82]
73
Fixed term tenancies of two years or less
Fixed term tenancies of two years or less require no notice to bring them to an end. They will simply expire on the term
date by effluxion of time. Such tenancies will effectively replace grazing agreements and Gladstone v Bower tenancies1
and other short term tenancies previously used to avoid granting the tenant security of tenure under the Agricultural
Holdings Act 19862. If a short fixed term is used, particularly where it is used because the land has to be back in hand
by a particular date, care must be taken to ensure that the term is properly two years or less.
Similarly, if a tenant is expecting a fixed term of more than two years, it must be remembered that, for the
purposes of ascertaining the length of term, the commencement date cannot be before the agreement is entered into,
regardless of what is stated to be the length of the term in the body of the agreement 3. A tenant may inadvertently end
up with a term of two years or less, not because that was the intention of the parties but because the signing and dating
of the agreement is delayed.
1
2
3
See Gladstone v Bower [1960] 2 QB 384, [1960] 3 All ER 353, CA and Paragraph 357 [2191] et seq post.
See Roberts v Church Comrs for England [1972] 1 QB 278, [1971] 3 All ER 703, CA and Keen v Holland [1984] 1 All ER 75,
[1984] 1 WLR 251, CA.
[83]
74
Annual periodic tenancies
Notice is required to terminate tenancies which have been tenancies from year to year from the outset as well as those
which were originally fixed term tenancies of more than two years, but which are continuing after the end of the fixed
term. Any notice to quit where a farm business tenancy is a tenancy from year to year will be invalid 1 unless:
74.1 it is in writing;
74.2 it is to take effect at the end of a year of the tenancy; and
74.3 it is given at least 12 months but less than 24 months before it is to take effect.
Either party may serve such a notice. It is not possible for the parties to contract out of these provisions 2, and
the statutory requirements override the common law rule that notice to quit in respect of an annual periodic tenancy
must be of at least six months duration and take effect at the end of the year of the tenancy.
A notice given in the last year of a tenancy for a fixed term of more than two years, to expire on the first
anniversary of the term date, is not invalid merely because it is given before the term date 3.
1
2
3
See the Agricultural Tenancies Act 1995 s 6(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Forms 15 [713], 16 [714]
post.
Ibid s 6(1).
Without this provision there could have been difficulty as strictly the tenancy would not yet be a tenancy from year to year
within ibid s 6, and the provisions in ibid s 5 for termination of a fixed term tenancy envisage notice to quit terminating on the
term date.
[84]
75
Other periodic tenancies
Other periodic tenancies are not governed by the 1995 Act and common law rules must be complied with, unless there
are specific provisions in the tenancy agreement as to the length of the notice. The length of the notice at common law
for periodic tenancies for periods of less than a year is the length of one period of the tenancy; the notice must expire at
the end of a period of the tenancy. Attempts by a landlord to exclude the ability of a tenant (or vice versa) to serve a
notice to quit a periodic tenancy are void 1.
1
As to terminating periodic tenancies see further 27(1) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT para 204.
[85]
3: OPTIONS TO TERMINATE OR RESUME POSSESSION OF PART
76
Break clauses in tenancies for terms of more than two years
In fixed term tenancies of any length, it may be in the interests of both the landlord and the tenant to have the ability to
break the term and bring the tenancy to an end. In the absence of a break clause in favour of a landlord, generally the
only way in which such a tenancy can be terminated by the landlord during the fixed term period is by forfeiture 1. The
parties have freedom of contract to agree an open break clause, an event based break clause, a clause which enables
the landlord to get back all or part of the land, or a clause which allows breaks only at defined times 2.
Where a farm business tenancy is a tenancy for a term of more than two years, any notice to quit the holding,
given in pursuance of any provision of the tenancy, will be invalid unless:
76.1 it is in writing; and
76.2 it is given at least 12 months but less than 24 months before the date on which it is to take effect 3.
Contracting out of this requirement is not permitted 4. Any attempt to provide in a break clause for a shorter
period of notice will probably not render the break clause void, but the exercise of the option to break in accordance
with such provision will be ineffective.
[86]
1
2
3
4
As to methods of determination and forfeiture see further 27(1) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT
paras 498, 502 et seq.
There is a question over whether a tenancy for, say, ten years which allows the landlord or tenant to break every year is really a
fixed term tenancy. There has been discussion on the point under the Landlord and Tenant Act 1954 Pt II (23 Halsburys Statutes
(4th Edn) LANDLORD AND TENANT), where the approval by the court to agreement to exclude the protection of that Act can
only be given where the proposed tenancy is to be granted for a term of years certain. The problem identified by the courts is
being able to say that a term is certain where the landlord has an option to break. The authorities are not clear (see eg Scholl
Manufacturing Co Ltd v Clifton (Slim-Line) Ltd [1967] Ch 41, [1966] 3 All ER 16, CA; Nicholls v Kinsey [1994] QB 600, CA),
but in any event are concerned with the particular wording of the Landlord and Tenant Act 1954 and the policy behind the ability
to contract out.
In the Agricultural Tenancies Act 1995 (1 Halsburys Statutes (4th Edn) AGRICULTURE), the term used is fixed term
tenancy not term of years certain. Fixed term tenancy is defined in ibid s 38(1) as any tenancy other than a periodic tenancy
and it is likely that the courts would conclude that a fixed term with a break clause is a fixed term tenancy for the purposes of the
Act; ibid s 7 clearly envisages fixed term tenancies with break clauses.
See ibid s 7(1). For a form of notice see Form 14 [712] post. For limited exceptions see ibid s 7(2), (3).
See ibid s 7(1).
[87]
4: NOTICES
77
Form of notice to quit
There is no prescribed form in the 1995 Act for a notice to quit 1. The common law rules must be complied with and the
notice must be reasonably clear and certain, leaving the tenant in no doubt as to what the notice means and when the
tenancy is to terminate. Inconsequential or minor inaccuracies will not necessarily invalidate the notice if a tenant of
ordinary intelligence would not be misled by it2.
1
2
For forms of notice to terminate a farm business tenancy see Forms 13 [711]16 [714] post.
As to the form and construction of a notice to quit see further Hill and Redmans Law of Landlord and Tenant (18th Edn) para A
[2342] et seq.
[88]
78
Service of notice to quit
Any notice given under the 1995 Act is duly given 1 to a person if:
78.1 it is delivered to him; or
78.2 it is left at his proper (ie in the case of an individual, last known 2) address; or
78.3 it is given to him in a manner authorised in a written agreement 3 between the parties prior to the service of the
notice.
Notices to a body corporate should be given to the clerk or secretary of the body and the proper address is its
registered or principal office 4.
If the freehold of land subject to a farm business tenancy changes hands then, until the tenant has received
notice of the change and notice of the name and address of the person who has become entitled to receipt of the rents
and profits, the tenant may continue to serve notices on the original landlord and the tenants notices will be deemed to
have been given to the landlord under the tenancy5.
1
2
3
4
See the Agricultural Tenancies Act 1995 s 36(1), (2) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ibid s 36(6)(b).
This agreement may, but need not, be incorporated into the tenancy agreement. Service by fax is not effective unless it is
pursuant to an agreement: ibid s 36(3).
Ibid s 36(4), (6)(a).
Ibid s 36(7). For a notice of change of landlord see Form 22 [741] post.
[89]
7990
Service on agents
Service on agents1 is possible in the following circumstances:
79.1 a notice to a landlord is properly served if given to an agent or servant who is responsible for the control of the
management of the holding;
79.2 a notice to a tenant is properly served if given to an agent or servant who is responsible for the carrying on of a
business on the holding.
In each case the notice must be served in accordance with one of the methods set out in Paragraph 78 above.
1
[90][100]
F: COMPENSATION PAYABLE TO TENANT FOR IMPROVEMENTS

1: INTRODUCTION
91
Tenants right to compensation
Subject to compliance with the statutory requirements 1, a tenant under a farm business tenancy is entitled, on quitting
the holding on the termination of his tenancy, to obtain from his landlord compensation for any tenants improvement 2.
The tenant is entitled to compensation in accordance with these provisions notwithstanding any agreement to the
contrary3. Before a tenant is entitled to compensation the tenancy must be terminated and the tenant must be quitting
the holding.
There is no right under the 1995 Act to compensation for anything other than tenants improvements 4; any
other form of compensation is a matter for agreement between the parties 5.
1
2
3
4
See Paragraphs 92 [102], 94 [105] et seq post.

Ibid s 26(1).
Note that ibid s 16(3) expressly states that the provisions contained in the Agriculture Act 1986 s 13, Sch 1 (1 Halsburys
Statutes (4th Edn) AGRICULTURE) for compensating outgoing tenants in respect of milk quota (see Paragraph 452 [2511] et seq
post) do not apply in relation to a farm business tenancy. Following the recent case of Cottle v Coldicott (HM Inspector of Taxes)
[1995] STC (SCD) 239 (in which it was held that milk quota is a separate asset for the purposes of capital gains tax), there is
now some doubt whether milk quota will be treated as an intangible advantage (see Paragraph 92 [102] post) and therefore
compensatable. A tenant is well advised to seek an alternative compensation entitlement from the landlord before the tenancy
begins and before introducing milk quota to the holding. As to milk quota see eg Form 3 schedule 11 [384], Form 5 schedule 4
[463] post.
Cf the Agricultural Holdings Act 1986 Pts V, VI ss 6082, Schs 710 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see
Paragraph 414 [2381] et seq post.
[101]
92
Meaning of tenants improvement
Tenants improvement means1:
92.1 any physical improvement which is made on the holding by the tenant by his own effort or wholly or partly at
his own expense; or
92.2 any intangible advantage2 which:
92.2.1
is obtained for the holding by the tenant by his own effort or wholly or partly at his own expense; and
92.2.2
becomes attached to the holding.
A tenant is not entitled to compensation in respect of any physical improvement which is removed from the
holding, or any intangible advantage which does not remain attached to the holding 3.
In relation to applications for consent to an arbitrator 4, physical improvements are divided into routine
improvements5 and other physical improvements. Physical improvements may also be fixtures 6. Intangible advantages
are divided into planning permissions and others, with planning permissions having their own compensation rules 7.
The new category of intangible advantages recognises that value may be added to a holding by things such as
planning permissions and licences and designations which become attached to the holding. Milk quota may also be an
intangible advantage if it can be said to become attached to the holding 8. Anyone letting a dairy farm or taking a
tenancy of a dairy farm should take professional advice on appropriate clauses to deal with milk quota protection and
compensation.
[102]
1
2
3
4
5
6
7
8
Intangible advantage includes planning permission, but there are separate rules relating to compensation for this: see Paragraph
97 [108] post.
As defined in the Agricultural Tenancies Act 1995 s 19(10): see Paragraph 93 [104] post.
See ibid s 8 and Paragraph 41 [51] et seq ante.
The decision of Chadwick J in Faulks v Faulks [1992] 1 EGLR 9 would seem to indicate that milk quota does become attached
to the holding, but this case now has to be read in the light of the Special Commissioners decision in Cottle v Coldicott (HM
Inspector of Taxes) [1995] STC (SCD) 239 where, for capital gains tax purposes, quota was treated as a separate asset from the
land. See also Paragraph 91 note 4 [101] ante.
[103]
93
Meaning of routine improvement and fixed equipment
Routine improvement means1 any tenants improvement which:
93.1 is a physical improvement made in the normal course of farming the holding or any part of the holding; and
93.2 does not consist of fixed equipment or an improvement to fixed equipment.
If the provision of an improvement is prohibited by the terms of the tenancy, then that improvement is not included as a
routine improvement.
Fixed equipment includes any building or structure affixed to the land and any works constructed on, in,
over or under land, and also includes anything grown on land for a purpose other than use after severance from the
land, consumption of the thing grown or its produce, or amenity2.
1
2
See the Agricultural Tenancies Act 1995 s 19(10) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and see also Paragraph 98
[110] post.
Ibid s 19(10).
[104]
2: CONDITIONS OF ELIGIBILITY FOR COMPENSATION
(a) Improvements other than planning permission or routine improvements
94
Conditions relating to compensation for tenants improvements
The landlords written consent to the provision of the tenants improvement is a mandatory pre-requisite for
compensation1, and there can be no contracting out of this requirement 2. Accordingly, the tenant who fails to secure his
landlords written consent before undertaking an improvement runs the risk of losing his entitlement to compensation if
the landlords consent is then refused.
The consent may (but need not) be given in the tenancy agreement 3 and it may be conditional or
unconditional4. Any condition must be that the tenant agrees to a specified variation to the terms of the tenancy, and
this variation must be related to the tenants improvement in question 5. Thus conditions limiting compensation or
providing for a write-off, for example, are forbidden.
1
2
3
4
5
See the Agricultural Tenancies Act 1995 s 17(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Forms 17 [721], 18 [722]
post. As to compensation for planning permission or routine improvements see Paragraphs 97 [108], 98 [110] post.
See ibid s 26(1).
Ibid s 17(2).
Ibid s 17(3).
Ibid s 17(3), (4).
[105]
95
Arbitration where landlord refuses or fails to give the required consent
The general rule is that if the landlord refuses consent, the tenant may, before making the improvement, go to
arbitration and the arbitrator may substitute his consent for the landlords 1. The tenant has a right to give written notice 2
demanding a referral to arbitration if the landlord:
95.1 refuses consent3; or
95.2 fails to give consent within two months of a written request from the tenant 4; or
95.3 requires, as a condition of giving consent, any variation in the terms of the tenancy 5, which is unacceptable to
the tenant.
The tenant has no right to serve notice requiring arbitration if he has already provided, or begun to provide,
the improvement6.
There is a time limit for giving such notice of two months following the landlords notice refusing consent (or
requiring a variation) or, if the landlord does not respond to the request, four months from the date of the written
request7. In default of agreement the arbitrator falls to be appointed by the President of the Royal Institution of
Chartered Surveyors 8.
1
2
3
4
5
6
7
8
See Form 20 [724] post.
Agricultural Tenancies Act 1995 s 19(1)(a).
Ibid s 19(1)(b).
Ibid s 19(1)(c).
Ibid s 19(2). Cf routine improvements: see Paragraph 93 [104] ante and Paragraph 98 [110] post.
Ibid s 19(3).
Ibid s 19(4).
[106]
96
96.1
The arbitrators powers

The arbitrator may determine whether it is reasonable for the tenant to provide the proposed improvement
having regard to the terms of the tenancy and any other relevant circumstances (including the circumstances of
the tenant and the landlord)1. This may include their financial and personal circumstances. Thus, for example,
the ability of the landlord to pay the compensation, the landlords proposed use of the holding after the
expiration of the farm business tenancy and the specialist nature of the improvement are, presumably, all
relevant considerations.
The arbitrator may approve unconditionally the provision of the improvement, or withhold his approval; but he
may not impose any condition or vary any condition required by the landlord 2.
Once an improvement (other than a routine improvement) is under way it is too late to make an application for
the appointment of an arbitrator 3, and in a case where an arbitrator has already been appointed, but the
improvement is started before he makes his award, he may not make an award, except as to costs 4.
96.2
96.3
1
2
3
4
See ibid s 19(6).
See ibid s 19(9)(a), (b). As to routine improvements see Paragraph 93 [104] ante and Paragraph 98 [110] post.
See ibid s 19(9)(c).
[107]
(b) Planning permission and routine improvements
97
Conditions relating to compensation for planning permission
The landlords written consent is a mandatory pre-condition for compensation 1. There is no alternative of applying for
arbitration. The consent should therefore be obtained before the application for planning permission is made. If the
landlord refuses his consent to the planning permission, the tenant is still free to apply for the permission and to seek
the arbitrators approval to the physical improvement or change of use in question. However, if the tenancy were to
terminate before the physical improvement or change of use had been effected, the tenant would not be entitled to
compensation.
The landlords consent to the making of the application for planning permission must be expressed to be
given2 for the purpose:
97.1 of enabling a specified physical improvement 3 lawfully to be provided; or
97.2 of enabling the tenant lawfully to effect a specified change of use.
Compensation is only payable if the physical improvement has not been completed or the change of use
effected4. This is to ensure that the tenant who has been unable to complete the improvement or effect the change of use
before the tenancy comes to an end is compensated. As with physical improvements, a landlords consent may be
unconditional or on condition that the tenant agrees to a variation in the terms of the tenancy, but any conditions must
relate specifically to the physical improvement or the change of use being sought and cannot, for example, relate to the
level of compensation5.
[108]
1
2
3
4
5
See the Agricultural Tenancies Act 1995 s 18(1)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See ibid s 18(1)(b) and Form 19 [723] post.
Ie a specified physical improvement falling within ibid s 15(a).
See ibid s 18(1)(c).
See ibid ss 18(2), (3), 26(1).
[109]
98
Conditions relating to compensation for routine improvements
Compensation for routine improvements 1 is intended to cover many of the tenant-right matters for which
compensation has been payable under the Agricultural Holdings Act 1986 2
In the same way as for other physical improvements, the landlords written consent must be given before
compensation3 is payable; however, if the landlord refuses or fails to give unconditional consent, it is still possible for
the tenant to serve notice requiring arbitration (and for an award to be made) after he has begun or, indeed, already
provided the routine improvement 4.
Consent may be given expressly in the tenancy agreement 5. If the tenant has to go to arbitration, the arbitrator
may deal both with consent to the routine improvements and to the compensation payable in respect of them 6.
[110]
1
2
3
4
5
The Agricultural Tenancies Act 1995 s 19(10) (1 Halsburys Statutes (4th Edn) AGRICULTURE) contains a wide definition of
routine improvements (see Paragraph 93 [104] ante); they would include eg acts of husbandry such as ploughing, rolling,
harrowing, making a seed bed, drilling, fertilising, spraying and generally promoting an arable crop, as well as sub-soiling, mole
drainage and many other matters which appear in the Agricultural Holdings Act 1986 s 65, Sch 8 (1 Halsburys Statutes (4th
Edn) AGRICULTURE).
Under the Agricultural Tenancies Act 1995 ss 16, 17: see Paragraphs 91 [101], 94 [105] ante.
See ibid s 19(2), (9) and Paragraph 96.3 [107] ante.
Ibid s 17(2). It is possible that consent may also be implied for certain routine improvements if, for instance, there are positive
obligations to farm to a certain standard or in accordance with the rules of good husbandry. In most cases, consent and
compensation for routine improvements are likely to be relevant only for improvements carried out in the final year of the
tenancy.
See Paragraph 101.3 [115] post.
[111]
3: AMOUNT OF COMPENSATION
99
Improvements other than planning permission
The amount of compensation payable to the tenant in respect of any tenants improvement (other than planning
permission), is the amount equal to the increase attributable to the improvement in the value of the holding at the
termination of the tenancy as land comprised in a tenancy 1 subject to the following provisos:
99.1 Where there is a written agreement under which the tenant receives any benefit or allowance in consideration of
providing the improvement, the compensation is reduced by the proportion which the value of the benefit bears
to the amount of the total cost of providing the improvement 2.
99.2 Compensation is reduced by any grant aid, again by the proportion which the amount of the grant bears to the
amount of the total cost of providing the improvement 3.
99.3 Where a physical improvement has involved a change of use for which planning permission has been obtained,
any value attributable to that permission may be taken into account in valuing the physical improvement or the
intangible advantage obtained as a result of the change of use 4.
The aim behind the compensation provisions is to ensure that the landlord is not unjustly enriched at the
expense of the tenant, or vice versa. The compensation is determined at the termination of the tenancy, so that
circumstances at that time such as the value to an incoming tenant, the need for updating and additional expenditure for
future use would be taken into account. The valuation of routine improvements 5 is the same as for other physical
improvements.
[112]
1
2
3
4
5
See the Agricultural Tenancies Act 1995 s 20(1), (5) (1 Halsburys Statutes (4th Edn) AGRICULTURE). In the absence of a clear
value for an improvement, the basis for valuation will presumably be the capitalised value of the increased rent which the
landlord would receive for the rest of the lifetime of the improvement, and it is likely that problems in connection with valuation
and capitalisation will arise.
Ibid s 20(2).
Ibid s 20(3).
Ibid s 20(4).
See Paragraph 98 [110] ante. For many routine improvements there will be a clear value of eg a crop.
[113]
100
Planning permission
This is a similar valuation provision 1 but it covers the situation where the improvement has not yet been carried out.
The amount of compensation is to be equal to the increase attributable to the fact that the relevant development is
authorised by the planning permission in the value of the holding at the termination of the tenancy as land comprised in
a tenancy. The relevant development is defined as meaning the physical improvement or change of use specified in
the landlords consent2. Similar provision is made for reducing proportionately the compensation where a benefit has
been given or allowed to the tenant in consideration of the obtaining of the planning permission by the tenant 3.
1
See the Agricultural Tenancies Act 1995 s 21(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). Similar problems of
capitalisation therefore apply (see Paragraph 99 note 1 [113] ante).
2
3
Ie the consent given in accordance with ibid s 18(1)(b) (see Paragraph 97 [108] ante): ibid s 21(2).
See ibid s 21(3). Cf ibid s 20(2) (see Paragraph 99.1 [112] ante).
[114]
4: MISCELLANEOUS
101
Settlement of claims for compensation
Mandatory arbitration1 under the Arbitration Acts2 is subject to the following rules:
101.1 A trigger notice must be given making the claim before the end of the period of two months beginning with the
date of the termination of the tenancy3. This provision applies to all tenants improvements including routine
improvements and planning permissions.
101.2 If the claim has not been settled by written agreement between the landlord and tenant, and no arbitrator has
been appointed by agreement following service of the trigger notice 4, either party may, after the end of four
months from the end of the tenancy, apply to the President of the Royal Institution of Chartered Surveyors for
the appointment of an arbitrator5.
101.3 If such an application for the appointment of an arbitrator relates to compensation for a routine improvement
and is made at the same time as an application for the appointment of an arbitrator to consider the giving of
consent for that improvement6, the same arbitrator must be appointed7 and only one fee8 is payable.
101.4 There are provisions for postponing the trigger notice where the tenant lawfully remains in occupation of part
of the holding after termination of a farm business tenancy9.
[115]
1
2
3
4
5
6
7
8
9
See the Agricultural Tenancies Act 1995 ss 22(1), 30 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the Arbitration Acts 19501979 (2 Halsburys Statutes (4th Edn) ARBITRATION) see generally vol 3(1) ARBITRATION AND
ALTERNATIVE DISPUTE RESOLUTION .
See the Agricultural Tenancies Act 1995 s 22(2) and Form 21 [725] post.
The agreement appointing an arbitrator must be made after the notice under ibid s 22(2) is given (see ibid s 22(3)(b)) and so
cannot be included in the original tenancy agreement. For an example of an agreement to appoint an arbitrator see Form 24 [743]
post.
Ibid s 22(3). There is no prescribed form except that the information specified in ibid s 22(2) must be included. See Form 25
[745] post.
Ie an application under ibid s 19(4): see Paragraph 95 [106] ante.
Ibid s 22(4).
Ie the fee payable under ibid s 30(2).
See ibid s 22(5). Cf the Agricultural Holdings Act 1986 s 83 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see Paragraph 464
[2546] et seq post.
[116]
102
Successive tenancies
There are similar provisions for rollover to those in the Agricultural Holdings Act 1986 with a proviso that if
compensation is payable at the end of a farm business tenancy which is then renewed, the tenant does not get
compensated again on the expiration of the second or subsequent one 1.
The right of rollover does not apply if the subsequent tenancy is not a farm business tenancy (for instance
because the new tenancy does not meet the requirements of the 1995 Act and falls to be treated as a business tenancy
under the Landlord and Tenant Act 1954). The new tenancy must also be of the same holding although the de minimis
rule may apply.
If the tenant remains in occupation of the holding following termination of the tenancy he has no entitlement
at that time to compensation for improvements 2 although the landlord and tenant can agree that the tenant should be
entitled to such compensation even if he is to remain in occupation under a new tenancy. The likely value of the
tenants compensation claim at the end of the subject tenancy and the likely value on termination of a subsequent
tenancy should be taken into account by the parties before such an agreement is made.
1
2
Ie under ibid s 16.
[117]
103120 Compensation on resumption of possession of part of the holding
Where either1:
103.1 the landlord resumes possession of part of the holding, pursuant to a provision in the tenancy agreement; or
103.2 following a severance of the reversion, a person entitled to a severed part of the reversionary estate resumes
possession of part of the holding by virtue of a notice to quit2 that part;
the statutory provisions relating to compensation apply as if that part were a separate holding 3, and the amount payable
in respect of a tenants improvement provided for the relevant part is to be equal to the increase attributable to that
improvement in the value of the original holding4.
There are additional rules where the reversion has been severed, enabling the arbitrator to apportion the
compensation between the several landlords and for the tenant to require the compensation to be assessed as if the
reversionary estate had not been severed 5.
1
2
3
4
5
Ie a notice under the Law of Property Act 1925 s 140 (37 Halsburys Statutes (4th Edn) REAL PROPERTY).
See ibid s 24(2), (4). As to the meaning of the original holding see ibid s 24(5). As to planning permission see ibid s 24(3).
See ibid s 25.
[118][140]
G: DISPUTE RESOLUTION
121
Particular provisions
Provision is made in the 1995 Act for statutory arbitration in the following circumstances:
121.1 The landlord or tenant may by means of a written notice given to the other require that the rent to be paid after a
review date be referred to arbitration1.
121.2 Where the landlord has refused or failed to give consent (or attached a condition to his consent) to a tenants
improvement, the tenant may by written notice demand that the question be referred to arbitration 2.
121.3 Any claim by the tenant for compensation for any improvement made on termination of a farm business
tenancy is to be determined by arbitration3.
1
2
3
See the Agricultural Tenancies Act 1995 s 10(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 54 [64] ante;
but see also ibid s 12(b) and Paragraph 59 [70] ante as to the appointment of a third party.
Ibid s 19(1) and Paragraph 95 [106] ante.
See ibid s 22(1) and Paragraph 101 [115] ante.
[141]
122
Residual arbitration
The residual arbitration provisions 1 apply to any dispute (other than in relation to the matters referred to in Paragraph
121 above2) between the landlord and tenant under a farm business tenancy, if it is a dispute concerning their rights
and obligations under this Act3, under the terms of the tenancy or under any custom 4. Such a dispute must be
determined by arbitration5 unless the parties have made appropriate provision for an alternative dispute resolution
procedure in a written tenancy agreement, and refer the dispute to a third party under that provision 6.
The landlord or tenant may give notice in writing specifying the dispute and stating that, unless the parties
have appointed an arbitrator by agreement within two months from the date of giving the notice, he proposes to apply
to the President of the Royal Institution of Chartered Surveyors for the appointment of an arbitrator 7. Either party may
apply for the appointment of an arbitrator after the end of that period of two months, if none has been appointed 8.
[142]
1
2
3
4
5
6
7
8
See ibid s 28(5).
Ie the Agricultural Tenancies Act 1995.
See ibid s 28(1).
The Arbitration Acts 19501979 (2 Halsburys Statutes (4th Edn) ARBITRATION) will apply to the resolution of these disputes:
see the Arbitration Act 1950 s 31(1). As to arbitration generally see vol 3(1) ARBITRATION AND ALTERNATIVE DISPUTE
RESOLUTION.
See the Agricultural Tenancies Act 1995 s 28(2); for a form of notice see Form 23 [742] post and for a form of agreement see
Form 24 [743] post.
[143]
123
Alternative dispute resolution
The provision for the resolution of disputes by arbitration1 does not apply2 to any dispute if:
123.1 the tenancy is created by an instrument which includes provision for disputes to be resolved 3 by any person
other than the landlord, the tenant, or a third party appointed by either the landlord or tenant without the consent
or concurrence of the other4; and
123.2 either:
123.2.1
123.2.2
1
2
3
4
5
the landlord and the tenant have jointly referred the dispute to the third party under the provision; or
the landlord or the tenant has referred the dispute to the third party under the provision and notified
the other in writing of this, and the other has not given a notice under Section 28(2) of the 1995 Act
by the end of four weeks after such notification 5.
Ie the Agricultural Tenancies Act 1995 s 28 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See ibid s 29.
As to the meaning of resolved see ibid s 29(2).
See ibid s 29(1)(a).
[144]
124150 General provisions applying to arbitrations
Any matter which is required to be determined by arbitration must be determined by the arbitration of a single
arbitrator1. Despite the statutory nature of the arbitration, an arbitrator may be appointed by agreement between the
parties themselves, but in default of such agreement the President of the Royal Institution of Chartered Surveyors will
appoint the arbitrator on the application of either party 2. The application must be made in writing and must be
accompanied by such reasonable fee as the President may determine in respect of the costs of making the appointment 3.
If the arbitrator dies or becomes incapable of acting and no arbitrator has been appointed by agreement, either
party may apply to the President of the Royal Institution of Chartered Surveyors for the appointment of a new arbitrator
by him4.
Apart from the provisions of the Arbitration Acts 5 and the relevant case law, these are the only general
provisions which apply to all arbitrations under the 1995 Act6.
1
2
3
4
5
See ibid ss 12, 19(4), 22(3), 28(3).
See ibid s 30(3).
The Arbitration Acts 19501979 (2 Halsburys Statutes (4th Edn) ARBITRATION) will apply to the resolution of these disputes:
see the Arbitration Act 1950 s 31(1). As to arbitration generally see vol 3(1) ARBITRATION AND ALTERNATIVE DISPUTE
RESOLUTION.
Ie arbitrations under either the Agricultural Tenancies Act 1995 s 28 or the specific provisions referred to in Paragraph 121 [141]
ante.
[145][200]
H: DRAFTING TENANCY AGREEMENTS

151
Which type of agreement to use
Consideration must first be given to the issue of whether the occupation is properly covered by the Agricultural
Tenancies Act 19951, or whether the Landlord and Tenant Act 19542, the Agricultural Holdings Act 19863, the Housing
Act 19884 or any other statutory code applies. Assuming that the use proposed is primarily or wholly agricultural (as
defined in the 1995 Act), the draftsman should then consider whether to grant a farm business tenancy, a licence, or
some other type of agreement.
1
2
3
4

[201]
152
Farm business tenancies and other agreements
If the landowner intends to grant exclusive possession 1 to the occupant for a business use which is to be primarily or
wholly agricultural2, then the agreement will normally be a farm business tenancy. The Agricultural Holdings Act 1986
provided an extensive statutory framework which governed many aspects of the relationship between landlord and
tenant3; but under the 1995 Act, by contrast, the parties are given substantial freedom of contract to negotiate the terms
of their tenancy agreements. As a result, many issues which did not arise under the old regime, must now be considered
and negotiated between the parties4.
In this part of the title, precedents are provided for a tenancy of more than two years 5, a tenancy of two years
or less6, a grazing tenancy agreement 7, a grazing licence8 and a non-business grazing tenancy agreement for horses 9.
These precedent documents all have a similar format. It should be noted that the Particulars at the beginning of each
Form are intended to include all details relevant to a particular case.
There is one further precedent for a tenancy agreement 10 which has a different format and which is included
to illustrate a possible form of tenancy agreement for a property with mixed agricultural and non-agricultural use,
where the predominant use will not be agricultural. This agreement for letting land and buildings for use as riding
stables or an equestrian centre is drafted on the basis that the property will be used for the purposes of a business within
the meaning of the Landlord and Tenant Act 1954 Part II, but that an application is made to the court 11 to exclude the
operation of the security of tenure provisions of that Act.
1
2
3
4
5
6
7
8
9
10
11

As to the terms of commercial leases generally see vols 22(1) - (3) (1996-1997 Reissue) LANDLORD AND TENANT (Business
Tenancies). Note that the Landlord and Tenant Act 1927 s 19 (as amended by the Agricultural Holdings Act 1986, the
Agricultural Tenancies Act 1995 and the Landlord and Tenant (Covenants) Act 1995) (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT), which contains provisions as to covenants not to assign etc without consent, does not apply to farm
business tenancies (see the Landlord and Tenant Act 1927 s 19(4) as amended); in any event ibid s 19 will not have effect where,
as in the precedents in this part of the title, a tenancy agreement contains a clause prohibiting alienation absolutely. If a tenancy
were to be assignable, the provisions of the Landlord and Tenant (Covenants) Act 1995 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT) should be considered: see further vols 22(1) - (3) (1996-1997 Reissue) LANDLORD AND TENANT
(Business Tenancies)
See Paragraph 153 [203] and Form 3 [351] post.
Ie under the Landlord and Tenant Act 1954 s 38(4) (as inserted by the Law of Property Act 1969 s 5) (23 Halsburys Statutes (4th
Edn) LANDLORD AND TENANT). See also Form 2 [306] post.
[202]
153
Agreement for a farm business tenancy of more than two years
The precedent1 provided is fuller in form than the other tenancy agreements and includes specific provisions relevant to
fixed terms of more than two years 2. Although the precedent offers more choice, for instance with regard to rent
review3, repairing obligations4, and a greater range of agreements on the part of the tenant 5, the precedent must clearly
be tailored to the relevant circumstances, as many provisions may be inappropriate or inadequate to cover the facts or
the requirements of the parties in a particular case.
1
2
3
4
5
Ie Form 3 [351] post.

See eg Form 3 clause 12 [357] post which provides for the service of notices to comply with the Agricultural Tenancies Act 1995
s 7 (1 Halsburys Statutes (4th Edn) AGRICULTURE) on the exercise of an option to terminate the tenancy. See further Paragraphs
72 [82], 76 [86] ante.
See Form 3 schedule 5 [363] post.
[203]
154
Agreement for a farm business tenancy of two years or less
The precedent1 is designed for use in circumstances in which, under the Agricultural Holdings Act 1986, a Gladstone v
Bower agreement might well have been chosen to avoid security of tenure 2. It is intended to be for a short term and for
certainly no longer than two years. The reason for this is that such tenancies will expire at the end of the fixed term
automatically, without the need to give notice 3. The uses4 to which the tenant may put the holding are wider than those
in a grazing agreement 5, but the repairing obligations 6 are simple and are therefore likely only to be appropriate for
short term agreements and for holdings with no more than basic farm buildings.
1
2
3
4
5
6

See Form 5 clause 3.4 [455] post.
[204]
155
Agreement for a farm business tenancy grazing agreement
The precedent1 is intended for use in situations similar to those for which a grazing and mowing agreement for a period
of less than one year might previously have been chosen, to avoid security of tenure under the Agricultural Holdings
Act 19862. It is designed to be for a short term and certainly for no longer than two years so that it will expire at the end
of the fixed term automatically, without the need to give notice 3. The use of the holding is restricted to grazing and in
view of the simple repairing obligations 4, it is anticipated that the holding will comprise agricultural land, with or
without basic farm buildings.
1
2
3
4

[205]
156
Licence for grazing
If the proposed arrangement grants no more than non-exclusive occupation then it will not be a tenancy and will not
therefore fall within the provisions of the 1995 Act1. In these circumstances the precedent for a grazing licence may be
used2.
This licence precedent is designed for use where the grazier is paying for the rights granted whether in
money or by discharging other obligations. It is not recommended that a licence be granted for proposed uses other than
grazing where non-exclusive occupation is intended.
1
Whether an arrangement is a tenancy or a licence depends on whether a right of exclusive possession has been granted. As with
attempts to avoid security of tenure under the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE)
(see Paragraph 353 [2171] et seq post), the courts will look carefully into arrangements in order to ascertain the true intentions of
the parties. If there is no true sharing of occupation then a court would be likely to hold that the arrangement constitutes a
tenancy rather than a licence: see Paragraph 7 [10] ante.
[206]
157
Non-business grazing tenancy agreement for horses
If the landowner wishes to grant exclusive possession of an area of land for the grazing of horses where the tenant will
not use the holding for the purposes of a trade or business, then the tenancy agreement should be based on the
precedent for a grazing tenancy for horses (non-business use) 1.
As the land is not to be used for the purposes of a trade or business, the occupation will not be covered by any
statutory regime and the parties have total freedom to decide on the terms of the tenancy between them. At the end of
any term granted to the tenant, the tenant will have no continuing rights of occupation. This will not, however, be the
case if, at any stage during the term, the tenant starts to use the holding for the purposes of a trade or business and the
landlord acquiesces to such use.
1
[207]
158
Service of notices
Where the parties intend to the tenancy to be a farm business tenancy, they should consider exchanging notices to
comply with the notice conditions under the 1995 Act before entering into the tenancy agreement 1, in every case. If the
proposed use is restricted to agriculture and the agreement contains a strictly drawn user covenant, then the draftsman
might take the view that notices need not be exchanged 2, but if the risk of consent or acquiescence by the Landlord to
any breach of the user covenant is high (which may possibly be more likely in the case of a longer term tenancy), or if a
non-agricultural use is one of those permitted, then it is recommended that notices are exchanged in accordance with
Section 36 of the 1995 Act3.
Notices should be served strictly in accordance with that section, unless the parties have entered into a written
agreement before the giving of the notice authorising an alternative manner of serving the notices 4. The precedents for
farm business tenancy agreements contain provisions which extend the methods of service 5 for all notices apart from
the notice condition notices (which must be served before the completion of the agreements).
1
2
3
4
5
See Paragraph 17 [22] et seq ante and Form 10 [701] post.

See the Agricultural Tenancies Act 1995 s 36(2)(c) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See eg Form 3 clause 20 [361], Form 5 clause 12 [461] post.
[208]
159200 Title matters
The landlords freehold title to a holding should be checked for covenants, easements, mortgages and any other
restrictions1. Where appropriate, additional tenants covenants should be included in the tenancy agreement to cover
compliance with such matters. Where necessary, the consent of any mortgagee or other third party should be obtained
to the grant of the tenancy.
1
A search of the index map will disclose whether or not the title is registered; if so, office copies of the register, filed plan and any
documents referred to on the register may be obtained form the Land Registry. See further vol 25(1) (1995 Reissue) LAND
REGISTRATION.
[209][300]

A: CHECKLISTS
1
Checklist of matters for consideration when preparing tenancy agreement 1
Parties
1.1
1.2
Is the landlord the sole freehold owner of the farm?

Does any other party need to join in the agreement to give consent?
Holding
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
Is the holding to be the whole or part of a farm?

Does the tenant require a right of way? If so, consider extent of right of way and terms for contribution
towards maintenance.
Is there a description of the holding, schedule of hectares and plan?
What types of building are on the holdingeg farmhouses, cottages, etc?
Are any of them already occupied? If so, on what terms?
Are any sporting rights to be granted or reserved?
Are any fixtures or fittings included?
Are there any public easements, rights of way etc affecting the holding?
Term and relevant legislation
3.1
3.2
3.3
Is the tenant already in occupation?

What term date is required?
Will the tenancy be a special case within the Agricultural Tenancies Act 1995 Section 4, so that the
Agricultural Holdings Act 1986 may apply to it2?
If the Agricultural Holdings Act 1986 cannot apply, will the tenancy otherwise meet the conditions 3 for a
farm business tenancy under the Agricultural Tenancies Act 1995 (see Use and Notices below)?
3.4
[301]
Rent and outgoings
4.1
4.2
4.3
4.4
4.5
4.6
What is the initial rent?

When is the rent to be paid?
Is the rent to be in advance or arrears?
What outgoings are there?
Is VAT to be charged on the rent4?
Is the agreement to contain any statement or provision as to rent review 5?
Use
5.1
5.2
5.3
Will the tenant farm as sole trader/in partnership?

What is the intended agricultural use:
5.2.1
Will all or part of the land be farmed for the purposes of a trade or business 6?
5.2.2
What is the nature of any intended commercial activities 7 and where will they be located?
5.2.3
Will the character of the tenancy be primarily or wholly agricultural 8 for the purposes of the
Agricultural Tenancies Act 1995?
Is there a prohibition against use as market garden?
Tenants agreements
6.1
What is the position with regard to the outgoing tenants compensation claims 9?
6.2
6.3
6.4
6.5
[302]
Is there a water abstraction licence?

Is there to be a personal residence restriction on the farmhouse?
Who is to occupy the cottages and on what terms?
Is there to be any restriction on the tenant setting land aside or using the area as a forage area under IACS 10?
Repairs
7.1
7.2
7.3
7.4
7.5
7.6
Who is to repair?
Extent of liabilities?
Are the model clauses11 to be used? If so, as currently in force or as amended from time to time?
Are there any redundant buildings?
Liability to decorate?
Should there be a schedule of condition?
Insurance
8.1
8.2
8.3
8.4
8.5
Who is to insure buildings?

If the landlord is to insure, will the tenant be required to reimburse premiums?
What risks are to be covered?
Level of insurance?
Insurance against employee and public liability?
Tenants fixtures
Description of any tenants fixtures12?
10
Redundant buildings
Description of redundant buildings?
11
Break clause
11.1
11.2
11.3
Is there to be a break clause?

If so, in whose favour?
On the occurrence of what events?
12
Resumption of part of the holding
Is there to be a power of resumption of part each year during the tenancy? If so, is there to be a limit on the percentage
of the holding to be taken in any year?
[303]
13
Quotas and premiums
13.1
13.2
Is there any milk quota or any other EU quota or premium attached or apportioned to the holding?
If so, is any such quota or premium to be made available/transferred to the tenant for the duration of the
tenancy and, if so, on what terms?
If milk quota is to be transferred, identify the interested parties who will need to consent to the transfer.
Is the tenant a registered producer of milk quota? If so, is he to use the holding for milk production, and what
arrangements are to be made for any of his milk quota which becomes attached to the holding?
13.3
13.4
14
Notices
14.1
14.2
Have the landlord and tenant given to each other written notice to comply with the Agricultural Tenancies Act
1995 Section 1(4)(a)13?
If not, is it intended that such notices (which, to meet the notice conditions of the 1995 Act, must be given on
or before the day on which the written tenancy agreement is entered into or, if earlier, the day on which the
tenant is entitled to possession) should be served 14?
15
Improvements and items to be purchased
15.1
Is the tenant to be permitted to carry out any improvements and, if so, on what terms? Consider the tenants
right to compensation on termination of the term 15.
Is the tenant to be obliged to carry out any improvements as a term of the lease? If so, consider the effect on
the tenants right to compensation on termination.
Consider whether the landlord should have the right to purchase items such as silage, straw, seeds, fertilisers,
sprays etc on termination. If so, on what basis of valuation, and are the items to be valued under the
Agricultural Tenancies Act 1995 or outside that Act?
15.2
15.3
16
Landlords title
16.1
Are there any covenants, easements or other matters within the landlords freehold title which should be
included in the tenancy, with appropriate covenants imposed on the tenant?
Is the consent of any third party (eg a mortgagee) required to the terms of the tenancy?
16.2
[304]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
This checklist is intended to help in compiling an accurate and comprehensive summary of the parties requirements prior to the
preparation of a tenancy agreement.
As to VAT and rent see generally Information Binder: Property [1] (VAT and Property).
As to rent review see Paragraph 51 [61] ante.
As to the business conditions see Paragraphs 10 [14], 15 [20] ante.
As to the agriculture condition see Paragraph 25 [30] ante.
As to the Evesham custom see Paragraphs 301.5 [2001], 447 [2482] post.
Ie the integrated administration and control system referred to in the Integrated Administration and Control System Regulations
(currently 1993/1317 as amended).
As to the model clauses see Paragraph 321 [2062] and Form 102 [3051] post.
As to tenants fixtures see Paragraph 41 [51] et seq ante.
As to the notice conditions see Paragraph 17 [22] et seq ante.
As to compensation see Paragraph 91 [101] et seq ante.
[305]
2
Checklist of matters for consideration on the relationship between the Agricultural Tenancies Act 1995 and the
Landlord and Tenant Act 1954 Part II1
1
Circumstances when an intended farm business tenancy might fall within the protection of the
Landlord and Tenant Act 1954 Part II
1.1
1.2
1.3
1.4
Failure at any time since the beginning of the tenancy to comply with the business conditions of the
Agricultural Tenancies Act 1995 (the 1995 Act), ie that all or part of the land comprised in the tenancy is
farmed for the purposes of a trade or business2.
Where valid notices to comply with Section 1(4)(a) of the 1995 Act have been served, but the character of the
tenancy was not primarily or wholly agricultural at the beginning of the tenancy 3.
Where defective notices have been served and, at the time of testing, the character of the tenancy is not
primarily or wholly agricultural.
Where notices have not been served and, at the time of testing, the character of the tenancy is not primarily or
wholly agricultural.
[306]
2
Methods of ensuring that the Landlord and Tenant Act 1954 Part II will not apply to an intended
farm business tenancy
2.1
2.2
2.3
Ensuring that, in accordance with the business conditions of the 1995 Act, some part of the land comprised in
the tenancy is farmed for the purposes of a trade or business at all times; that valid notices to comply with
Section 1(4)(a) of the 1995 Act are served, and that the character of the tenancy is primarily or wholly
agricultural at the outset4.
Ensuring that continuing compliance with the business conditions can be achieved by control clauses in the
tenancy agreement rather than by day to day monitoring 5.
Ensuring that, even if it is not a farm business tenancy, the tenancy will not fall within the provisions of the
Landlord and Tenant Act 1954 (the 1954 Act). Examples of tenancies which will not be protected as a
business tenancy under Part II of the 1954 Act are:
2.3.1
a tenancy at will6;
2.3.2
a tenancy granted for a term certain not exceeding six months (unless it contains a provision for
renewing or extending the term beyond six months, or the tenant has been in occupation for a total
period of more than 12 months)7;
2.3.3
a tenancy to be granted for a term of years certain, in respect of which the court authorises an
agreement to exclude the provisions of Sections 24 to 28 of the 1954 Act 8.
2.4
Having a separate tenancy of non-agricultural commercial buildings and/or land (either within or excluded
from the provisions of the 1954 Act) to ensure that the tenancy of the rest of the land is primarily or wholly
agricultural at the outset9.
[307]
1
2
3
4
5
6
7
8
9
As to the Landlord and Tenant Act 1954 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) see further vols 22(1) - (3)
(1996-1997 Reissue) LANDLORD AND TENANT (Business Tenancies).
See the Agricultural Tenancies Act 1995 s 1(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The burden of proof is on the
person asserting failure to comply if the business conditions are fulfilled at the time the question is asked in any proceedings:
ibid s 1(8).
As to the agricultural character of a tenancy see Paragraph 24 [29] ante.
As to the business and notice conditions see Paragraphs 10 [14] et seq, 17 [22] et seq ante.
As to monitoring the business conditions see Paragraph 13 [17] ante.
See Wheeler v Mercer [1957] AC 416, [1956] 3 All ER 631, HL; Manfield & Sons Ltd v Botchin [1970] 2 QB 612, [1970] 3 All
ER 143; Hagee (London) Ltd v AB Erikson and Larson [1976] QB 209, [1975] 3 All ER 234, CA; Javad v Aqil [1991] 1 All ER
243, [1991] 1 WLR 1007, CA.
See the Landlord and Tenant Act 1954 s 43(3) (as amended by the Law of Property Act 1969 s 12).
See the Landlord and Tenant Act 1954 s 38(4) (as inserted by the Law of Property Act 1969 s 5).
[308][350]
B: FARM BUSINESS TENANCY AGREEMENTS

3
Farm business tenancy (long formmore than two years)1
PARTICULARS
(a)
Date:
(insert date)2
(b)
The Landlord:
(name) [of (address) or whose registered office is at (address)]
(c)
The Tenant:
[(d)
The Surety:
(name) [of (address) or whose registered office is at (address)]]
(e)
The Holding:
the property known as (describe the property) extending to approximately (number) hectares shown
[for identification purposes only] edged [red] on the attached plan (and [more particularly]
described in schedule 1)3
[351]
(f)
The Term:
a term of (number) years [and (number) months] starting on (date) from which date the Tenant will
be entitled to possession of the Holding (the Commencement Date) and ending on (date)4
(g)
Basic Rent:
(insert amount) per year payable [by (number) equal instalments] [in advance r in arrear] [on
(date)]
[(h)
Dates for payment of Rent:

(insert details of payment dates) in each year of the Term]
[(i)
First payment of Rent due:

on [(date) or the date of this Agreement]]
[(j)
Last payment of Rent due (in advance):

on (date)]
[(k)
Increases in Basic Rent:

from (date) to (date) (insert amount)
or
Basic Rent reviewed on:

the (number) anniversary [and each (number) anniversary] of the Commencement Date]5
(l)
Interest Rate:
(number)% above the base rate of (name) Bank plc
(m)
Dispute resolution:
by [Expert] [or] [Arbitrator] [at the option of the [Landlord] in accordance with clause 14]6
[(n)
The Expert:
(name) of (address)]7
[(o)
Milk Quota:
(number) litres of [wholesale or direct sales] milk quota8 with a butterfat base of (number)%
attached to the Holding at the Commencement Date]
[(p)
Break clause:
to expire on the [(number)] [and the (number)] [anniversary or anniversaries] of the
Commencement Date]9
[(q)
Frequency of external maintenance obligations:

every (number) years from the Commencement Date]10
[(r)
Frequency of internal maintenance obligations:

every (number) years from the Commencement Date]11
[352]
THIS FARM BUSINESS TENANCY AGREEMENT is made on the Date set out in the Particulars BETWEEN:
(1)
The Landlord named in the Particulars (the Landlord);
(2)
The Tenant named in the Particulars (the Tenant); [and
(3)
The Surety named in the Particulars (the Surety) 12]
IT IS AGREED as follows:
Definitions and interpretations
In this Agreement except where specifically defined in schedule 16 13 the words and phrases used have the meaning
assigned to them by the Agricultural Tenancies Act 1995 (the 1995 Act) and otherwise as set out in schedule 16.
Letting14
The Landlord lets [with [full or limited] title guarantee] the Holding to the Tenant for the Term [subject to any earlier
right of termination set out in clause 12 15] TOGETHER WITH the rights set out in schedule 2 but EXCEPTING AND
RESERVING to the Landlord the rights set out in schedule 3 SUBJECT ALSO to the rights and other matters affecting
the Holding [including the Title Matters16 (if any) set out in schedule 4].
[353]
Rent and other Outgoings
3.1
The Tenant agrees to pay to the Landlord the following sums (which are reserved as rent):
3.1.1
the Basic Rent [as varied from time to time in accordance with schedule 5 17] on the Rent Days the
first payment (or a duly apportioned part of it) to be made on the date set out in the Particulars;
3.1.2
the Insurance Rent payable upon production by the Landlord to the Tenant of the demand for the
premium or premiums due;
3.1.3
[3.4
interest at the Interest Rate on all monies payable by the Tenant to the Landlord under this
Agreement where they are not paid by the Tenant within 7 days of the due date for payment for the
period from the due date to the date of actual payment 18;
3.1.4
on demand the amount payable by the Landlord to any outgoing tenant as compensation for
improvements or tenant right matters or as compensation for milk quota under the Agriculture Act
1986 Schedule 1 including any costs and expenses incurred by the Landlord relating to such
compensation19; and
3.1.5
any other sums which may become due from the Tenant to the Landlord under this Agreement.
The Tenant will make all payments due under this clause 3 in full on the due date without making any
deduction or set off of any kind from them.
The Basic Rent will not be reviewed during the Term.]20
Repairing obligations
3.2
The [Landlord and the] Tenant [respectively] agree[s] to observe and perform the repairing obligations set out in
schedule 621.
[354]
Tenants [and Suretys] agreements
5.1
[5.2
The Tenant agrees to observe and perform the agreements set out in schedules 7 and 8 22.
The Surety agrees and covenants with the Landlord that the Tenant will observe and perform all the
obligations undertaken by the Tenant in this Agreement and that if he fails to do so the Surety will indemnify
the Landlord against all losses, damages, costs and expenses incurred by the Landlord as a result of that
failure (and any concession or forbearance by the Landlord to the Tenant will not release or reduce the
Suretys obligations under this clause 5).]
Landlords agreements
The Landlord agrees to observe and perform the agreements set out in schedules 8 and 9.
Forfeiture
The Landlord will have the right to forfeit this Agreement upon the happening of any of the events set out in schedule
1023.
[8
Consent to cultivation in the last year
The Landlord gives his consent to the Tenant farming and cultivating the Holding and to produce a crop in the last year
of the Tenancy [in accordance with a cropping schedule to be agreed in advance with the Landlord].]24
[9
Milk Quota and Quota
The provisions of schedule 11 will apply to any Milk Quota or other Quota.]25
10
Tenants fixtures and buildings
The fixtures and buildings specified in schedule 12 belong to the Tenant and may be removed by him in accordance
with the 1995 Act26.
[355]
11
Compensation for improvements and purchase of assets on termination of agreement
11.1
The Tenants improvements 27 listed in Part I of schedule 13 are Tenants improvements to which Part III of
the 1995 Act applies as supplemented.
In consideration of the benefit provided to the Tenant as set out in Part II of schedule 13, the Tenant agrees to
carry out the works set out in Part II of schedule 13 within 3 months of the Commencement Date and agrees
that any compensation which he is entitled to receive in respect of such works on termination of the Term will
be reduced by the appropriate amount calculated in accordance with Section 20(2) of the Act.]
Except as provided for in clause 8 and in this clause 11 [and paragraph 1.5 of schedule 11] nothing contained
in this Agreement is to be deemed to be a consent to any improvement entitling the Tenant to compensation
under Part III of the 1995 Act.
[11.2
11.3
11.4
11.4.1
11.4.2
11.4.3
The landlord will on termination of the Tenancy pay for by valuation the items set out in Part III of
schedule 13.
The valuation is to be made by 2 professional valuers, one to be nominated by the Landlord and
one to be nominated by the Tenant prior to the termination of the Tenancy.
If the 2 valuers so nominated fail to agree the valuation by a date 2 weeks after the date of
termination of the Tenancy (the Interim Valuation Date), the valuation is to be made by an
independent expert to be appointed in default of agreement, on the application of either party, by
11.4.4
11.4.5
the President for the time being of the Royal Institution of Chartered Surveyors; the experts fees
will be borne as he directs and the experts decision will be final and binding on the Landlord and
on the Tenant.
If the valuation shall not have been agreed or determined in accordance with clauses 11.4.2 and
11.4.3 above by the Interim Valuation Date, the Landlord will on the Interim Valuation Date pay to
the Tenant the Landlords valuers assessment of the value.
Any sum in respect of the valuation not paid on the Interim Valuation Date will bear interest from
that date to the date of actual payment at the Interest Rate.
[356]
12
Break clause28
[12.1
[The Landlord or The Tenant or Either party] will have the right to terminate this Agreement by serving on
the [Tenant or Landlord or other] not less than 12 months but less than 24 months prior written notice of his
intention to do so, such notice to expire on any of the anniversaries referred to under the heading Break
clause in the Particulars.
or/and
12.2
12.3
The Landlord will be entitled on the death of the Tenant or (in the case of more than one joint tenant) on the
death of [any or the last] of them to terminate this Agreement by serving on his personal representatives not
less than 12 months but less than 24 months prior written notice of his intention to do so, such notice to
expire at the end of a year of the Tenancy.]
The Landlord will be entitled (in the event of being reasonably satisfied that the Tenant is incapable by reason
of physical or mental incapacity of farming the Holding in accordance with the obligations contained in this
Agreement) to terminate this Agreement by serving on the Tenant not less than 12 months but less than 24
months prior written notice of his intention to do so, such notice to expire at the end of a year of the Tenancy.
[13
Termination of part29
13.1
The Landlord will have the right at any time during the Term to terminate this Agreement in respect of any
part of the Holding not exceeding (number) hectares in any one year for [any purpose or any non-agricultural
purpose] by serving on the Tenant not less than 12 months but less than 24 months prior written notice of his
intention to do so, such notice to expire at the end of a year of the Tenancy].
If at any time the period of notice referred to in clause 13.1 is in breach of any Enactment there will be
deemed to be substituted in that clause the minimum period of notice required by such Enactment.]
The resumption of possession of part of the Holding pursuant to clause 13.1 will not terminate the Term
except in respect of the land taken.]]
[13.2
[13.3
[357]
14
Dispute resolution30
14.1
The provisions of this clause 14.1 will apply if [it is provided in the Particulars to this Agreement or the
Landlord elects] that an Expert is to resolve disputes.
14.1.1
In the event of any dispute arising under this Agreement between the parties (other than a dispute in
respect of Rent or consent for improvements or compensation) the same is to be determined by the
Expert named in the Particulars who will act as an independent expert and not as an arbitrator and
who will be appointed on the joint written application of both parties or on the written application
of either party; and if such Expert shall die or be unwilling to act then by such other expert as may
be appointed on the application of either party by the President of the Royal Institution of Chartered
Surveyors.
14.1.2
The appointment of such Expert must specify that:
14.1.2.1 the Experts decision will be made following representations in writing by the parties;
and
14.1.2.2 the costs of the Expert will be borne as directed by the Expert; and
14.1.2.3 the Experts decision will be final and binding on all parties.
The provisions of this clause 14.2 will apply if [it is provided in the Particulars to this Agreement or the
Landlord elects] that an Arbitrator is to resolve disputes:
14.2.1
In the event of any dispute arising under this Agreement between the parties either party may give
to the other a notice in writing specifying the dispute and requesting that agreement be reached on
the identity of an Arbitrator to be appointed to determine the dispute in accordance with the
Arbitration Acts 1950 to 1979.
14.2.2
If no Arbitrator has been appointed by agreement within 2 months of the notice referred to in clause
14.2.1 then either the Landlord or the Tenant may make written request to the President of the
Royal Institution of Chartered Surveyors for him to appoint an Arbitrator who will then determine
the matter in dispute.
14.2
[358]
15
Redundant buildings and fixtures
15.1
If at any time or times either the Landlord or the Tenant desires to treat any building or other fixture on the
Holding (other than any included already or deemed to be included in schedule 15) as redundant to the proper
requirements of the Holding then in default of agreement that party will be entitled on giving one months
notice in writing to the other to refer such question to an Expert or Arbitrator appointed in accordance with
clause 14; and if it is agreed or if the Expert or Arbitrator awards that such building or other fixture is to be
treated as redundant then as from the date of such agreement or award (as the case may be) the building will
be deemed to be included in schedule 15 and neither the Landlord nor the Tenant will be obliged to repair it
after that date.
The buildings or other fixtures included or deemed to be included in schedule 15 are to be treated as
redundant and are to be disregarded for all purposes of this Agreement (save as provided in this clause 15 and
save to the extent that they fall to be considered at rent review when they will be treated as not existing).
The Tenant may use the buildings and fixtures included or deemed to be included in schedule 15 at his own
risk and without any obligation to carry out any repairs to them but subject to an obligation to keep them in a
clean and tidy condition provided that the Landlord has the right at any time at his own expense to enter and
repair them or remove them.
Nothing contained in this Agreement is to create any liability on the part of either the Landlord or the Tenant
to:
15.4.1
maintain, repair or insure (except against employers or public liability risks) buildings or fixtures
which the Landlord and the Tenant may from time to time agree in writing that neither party will be
liable to maintain, repair or insure;
15.4.2
execute any work if and so far as the execution of such work is rendered impossible (except at
prohibitive or unreasonable expense) by reason of subsidence of any land or by the blocking of
outfalls which are not under the control of either the Landlord or the Tenant.
15.2
15.3
15.4
[359]
16
Nature of tenancy
The tenancy granted by this Agreement is and is intended to be a farm business tenancy within the 1995 Act 31.
17
Whole agreement
This Agreement contains the whole agreement between the Landlord and the Tenant concerning the Holding.
18
Restrictions on liability of landlord and tenant
18.1
The Landlord will not be liable to the Tenant in respect of:

18.1.1
any act, neglect, default or omission of any tenant or owner or occupier of any adjoining or
neighbouring land or of any representative or employee of the Landlord (unless acting in
accordance with the express authority of the Landlord); or
18.1.2
the defective working, stoppage or breakage of or leakage or overflow from any pipe or other
outlet; or
18.1.3
the obstruction by any third party of the areas over which rights are granted by this Agreement.
The Landlord and the Tenant will not be liable to the other for breach of any term of this Agreement to the
extent that its performance or observance is or becomes impossible or illegal.
18.2
[360]
19
No implied easements
The Tenant will not be or become entitled to any easement, right, quasi-easement or quasi-right except those rights (if
any) set out in schedule 2.
20
Notices
20.1
For the purposes of the Landlord and Tenant Act 1987 the Landlords address at which notices and
proceedings should be served is set out in the Particulars of this Agreement or is such other address as may
from time to time be notified by the Landlord to the Tenant in writing 32.
Notices or other documents required or authorised to be given under the 1995 Act may be sent by ordinary
first class post or recorded delivery at the address given for the party in this Agreement or in a manner
provided for in Section 36 of the 1995 Act33.
20.2
21
Agreement for tenancy (stamp duty certificate)
It is certified that there is no prior agreement for tenancy to which this Agreement gives effect 34.
22
Testimonium
[The Landlord and the Tenant [and the Surety] have signed this Agreement or have given authority to their duly
authorised agents to sign this Agreement on the Date set out in the Particulars as witness to the agreements set out in it.
or
The Landlord and the Tenant [and the Surety] have executed this Agreement as a deed and have given authority to their
respective solicitors or other duly authorised agents to date and deliver it, such Date set out in the Particulars being
conclusive of delivery.]35
[361]
SCHEDULE 1
Description of the Holding
[and (where applicable) details of specific restricted use36]
(give full details of the property eg in columns under the headings set out below)
(1) [Ordnance Survey or
National Grid] Number
(2) Hectares
(3) Description
[(4) Restricted Use]
SCHEDULE 2
Rights granted to the Tenant
[1
A right of way for the Tenant, his agents and authorised persons at all times with or without vehicles, plant,
machinery or animals over the track [shown for the purpose of identification only] coloured [brown] on the
attached plan.]
(insert any further rights required to be granted to tenant)37
SCHEDULE 3
Rights excepted and reserved to the Landlord
(insert details: see eg the rights set out in Form 4 [421] post)38
SCHEDULE 4
Title Matters
(insert details of any matters affecting the Holding eg wayleaves, pipelines, cables, covenants etc
including, where available, dates and parties to the relevant deed or agreement)39
[362]
SCHEDULE 5
Variation of Basic Rent40
[Option 1:
The Basic Rent will be increased during the Term as set out in the Particulars.
or Option 2:
1
2
The Basic Rent will be reviewed on the [anniversary or anniversaries] set out in the Particulars.
On each date upon which the Basic Rent falls for review the Basic Rent will be varied by applying the
following formula:
X = BR x (A)
Where:
X
BR
B
=
the revised rent payable after the review;
=
the amount of Basic Rent payable immediately prior to the date of such review;
=
the all Items figure of the Index of [Retail Prices published by the Department for
Education and Employment or any successor Authority (the RPI figure) published in respect of
the last complete month immediately prior to the date of this Agreement (or immediately prior to
the date of the last review of the Basic Rent as the case may be)];
A
3
=
the RPI figure published for the last complete month immediately prior to the date upon
which the Basic Rent falls for review.
In the event of the reference base used to compile such Index changing after the date of this Agreement the
figure taken to be shown in the Index after the change will so far as reasonably practicable be the figure
which would have been shown in the Index if the reference base current at the date of this Agreement had
been retained.
The Landlord will give written notice to the Tenant of any variation to the Basic Rent as soon as possible
after the date upon which the Basic Rent falls for review (but the Tenants liability to pay any reviewed Basic
Rent from the Review Date will not be affected by any failure on the part of the Landlord to give such written
notice)41.
or Option 3:
The Basic Rent will be reviewed on the [anniversary or anniversaries] set out in the Particulars and will in respect of all
other matters be subject to the statutory rent review provisions contained in Part II of the 1995 Act.
or Option 4:
The Basic Rent will be subject to the statutory rent review provisions contained in Part II of the 1995 Act.]
[363]
SCHEDULE 6
Liability for repair42
[Option 1: Model Clausesexcept as varied
The provisions as to repair as set out in paragraphs 1 to 11 of the Schedule to the Model Clauses 43 will apply to this
Agreement save as specifically varied by the following provisions: (the following are examples of possible variations)
[1
Period farmhouse
(include provision identifying such farmhouse)
1.1
The Tenant will put, keep, maintain and replace or repair and leave clean and in good tenantable
repair, order and condition all and any parts of the farmhouse including fixtures and fittings the
responsibility for repair of which fall upon the Tenant under the terms of the Model Clauses.
1.2
The Tenant will paint or effectively treat all such parts of the farmhouse and fixed equipment
(referred to in paragraph 1.1 of this schedule) as under the Model Clauses fall to be so painted or
treated by the Landlord (without reimbursement of the costs of such work from the Landlord).
1.3
For the avoidance of doubt the Tenant will paint, treat and otherwise decorate such parts of the
farmhouse (referred to in paragraph 1.1 of this schedule) as required under the provisions of the
Model Clauses.
1.4
The Landlords liability to repair the farmhouse and fixed equipment under the Model Clauses will
be limited to maintaining the same in [no worse condition than at present as evidenced by the
photographs or the schedule of condition in schedule 14 44 to the extent that the same records the
state and condition of the part of the Holding in want of repair].
[364]
Modern buildings [and cottages]

(include provision identifying such buildings/cottages)
2.1
The Tenant will put, keep, maintain and replace or repair and leave clean and in good tenantable
repair, order and condition the modern buildings [marked on the attached plan] and the cottages on
the Holding together with all fixtures and fittings in them and will comply with both the Landlords
as well as the Tenants repairing and redecorating obligations contained in the Model Clauses.
2.2
The Tenant will paint or effectively treat all such parts of the buildings (referred to in paragraph 2.1
of this schedule) as under the Model Clauses fall to be so painted or treated by the Landlord
(without reimbursement of the costs of such work from the Landlord).
2.3
For the avoidance of doubt the Tenant will paint, treat and otherwise decorate such parts of the
buildings, cottages and fixed equipment (referred to in paragraph 2.1 of this schedule) as required
under the provisions of the Model Clauses.
[365]
Traditional buildings
(include provision identifying such buildings)
[3.1
3.2
The Tenant will maintain the traditional buildings and the fixtures and fittings in them in no worse
condition than at present as evidenced by the photographs or the schedule of condition in schedule
1445.
For the avoidance of doubt the Tenants liability to maintain the traditional buildings will include
the parts of such buildings and fixed equipment which under the Model Clauses would be the
responsibility of the Landlord.
or
3.1
3.2
The Landlord will not be liable for the repair, maintenance, decoration or otherwise of the
traditional buildings and the fixtures and fittings in them.
The Tenant will be liable only to ensure that the traditional buildings and fixtures and fittings in
them are maintained in a wind and watertight condition.]
[366]
Other buildings
Neither party will be liable to maintain or repair (insert description identifying the buildings) but such
buildings are not to be treated as redundant. The Tenant will at his own risk and without liability on the
Landlord be free to make such use as he wishes of them but will not damage or remove the same or the
material of which they are constructed.
Other fixed equipment

(include provision identifying such fixed equipment and consider particular provisions for the following:
private water supply
effluent control
irrigation plant and equipment
tile drainage
field walls (as opposed to hedges)
woodland walls and fences
electrical supplies (especially rewiring)
desirable improvements)]
[367]
or Option 2: Model ClausesTenant takes on all Tenants and Landlords liabilities
The Tenant will comply with all the liabilities to repair, maintain, decorate, renew and replace the fixed equipment upon
the Holding imposed by the Model Clauses upon the Landlord and the Tenant.
[368]
or Option 3: Model ClausesTenant full repairing
TENANTS AGREEMENTS RELATING TO REPAIR AND REPLACEMENT OF FIXED EQUIPMENT

To put, keep, maintain and replace or repair and leave clean and in good tenantable repair, order and condition the
farmhouse, cottages and farm buildings and fixed equipment on the Holding together with all fixtures and fittings in
them and without prejudice to such obligations:
(1)
To keep clear and in good working order and condition all irrigation reservoirs and sewage disposal systems
including domestic foul water drains and underground mains, septic tanks, filtering media, cesspools liquid
manure tanks, roof-valleys, eaves-guttering, downpipes, gulleys and grease-traps.
(2)
To repair and maintain and keep clear and in good working order all land drains on the Holding.
(3)
To repair, replace and renew all covers, tops and vents to manholes, inspection chambers and sewage disposal
systems.
(4)
To replace and renew all other items of fixed equipment not otherwise mentioned in this schedule 6.
(5)
To replace or repair and adequately to paint, gas-tar or creosote as may be proper all items of fixed equipment
(except tenants fixtures and buildings set out in schedule 12) and to do any work where such replacement,
repair or work is rendered necessary by the wilful or negligent acts or omissions of the Tenant or any member
of his household or any of his employees, contractors, licensees or invitees.
[369]
(6)
At the intervals (if any) specified in the Particulars for external maintenance obligations (but otherwise as
often as may be necessary in order to prevent deterioration and in any case at intervals of not more than 5
years) properly to clean and paint with at least two coats of a suitable quality paint and properly and
adequately to gas-tar, creosote or otherwise effectively treat with a preservative material all outside wood and
iron work of the farmhouse, cottages and farm buildings, the inside wood and iron work of all external
outward opening doors and windows and the externally exposed interior of structural steel work of opensided farm buildings which have been previously painted, gas-tarred, creosoted or otherwise treated with
preservative material, or which it is necessary in order to prevent deterioration of the same so to paint gas-tar
creosote or treat with preservative material.
(7)
At the intervals (if any) specified in the Particulars for internal maintenance obligations (but otherwise as
often as may be necessary and in any case at intervals of not more than 7 years) properly to clean, colour,
whiten, paper or paint to the satisfaction of the Landlord and as the Landlord may direct the inside of the
farmhouse, cottages and farm buildings including the interior of all external doors and windows of the farm
buildings which have been previously so treated and in the last year of the Term to limewash the inside of all
buildings which previously have been limewashed.
(8)
Not to remove or alter but to maintain in good stockproof condition any fence, hedge or other boundary on
the Holding.
(9)
To cut out, trim and/or lay as appropriate a proper proportion of the hedges in each year of the Term so as to
maintain them in good and sound condition not lower than stockproof height and to fill gaps by suitable
replanting.
[370]
(10)
To dig out, scour and cleanse all ponds, watercourses, ditches and grips as may be necessary to maintain them
at sufficient width and depth and to keep clear from obstruction all field drains and their outlets.
(11)
When using any sprays to take all reasonable care to ensure that adjoining hedges, trees and crops are not
adversely affected and to make good or replant as necessary should any damage occur and so far as possible
to select and use chemicals whether for spraying, seed dressing or any other purposes whatever which will
cause the least harm to game birds and other wild-life, other than vermin or pests.
(12)
If the last year of the Term however determined is not a year in which such painting, gas-tarring, creosoting
or other treatment as is mentioned in paragraph (6) of this schedule is due to be carried out to pay to the
Landlord at the end of such last year [one-fifth] of the estimated reasonable cost in respect of each year that
has elapsed since such last painting, gas-tarring, creosoting or other such treatment was completed.
(13)
If the last year of the Term however determined is not a year in which such cleaning, colouring, whitening,
papering, painting or other treatment as is mentioned in paragraph (7) of this schedule is due to be carried out
to pay to the Landlord at the end of such last year [one-seventh] part of the estimated reasonable cost of such
work in respect of each year that has elapsed since such last cleaning, colouring, whitening, papering,
painting or other such treatment was completed.]
[371]
SCHEDULE 7
Tenants agreements46
1
To pay interest on Rent after expiry of refusal
If the Landlord refuses to accept Rent because an event referred to in schedule 10 has occurred and the Landlord does
not wish to waive his rights of forfeiture under that schedule then such unpaid Rent will nevertheless bear interest at the
Interest Rate for such period as it may be reasonable for the Landlord to refuse to accept such Rent until the date upon
which the Landlord accepts such Rent.
To pay Outgoings
2.1
2.2
To pay and discharge all Outgoings at the times when they become due.
If at any time the Holding is not separately assessed for any Outgoings the Tenant will pay to the Landlord on
demand a fair proportion to be conclusively determined by the Landlord (except in case of manifest error) of
any assessment which includes the Holding or any part of it.
2.3
2.4
Not without Consent (which will not be unreasonably withheld or delayed) to make any claim for relief in
respect of any Outgoings where to do so might prejudice the actual or future entitlement to relief of the
Landlord or any future occupier of the Holding.
Not without Consent (which will not be unreasonably withheld or delayed) to agree with the relevant
Authority any rating or other assessment in respect of the Holding or any part of it and to consult with the
Landlord and to give due weight to his representations in the negotiations for any such assessment or any
appeal against any such assessment.
Water abstraction licences
3.1
On entering the Holding and subsequently during the Tenancy to take all necessary steps to preserve any
existing licence or any new licence granted for the Holding relating to water supply under any Enactment.
Not to jeopardise any such licence by any act or omission nor to surrender it without Consent but on
termination of the Term to take all necessary steps to transfer any such licence to the Landlord or at his
direction.
3.2
[372]
Use and management of Holding
4.1
[4.2
Throughout the Term to use and farm the Holding or part of it for the purposes of a trade or business 47.
To use and farm the Holding [throughout the Term] from the Commencement Date primarily for agricultural
purposes within the meaning of agriculture as defined by the 1995 Act as a [dairy or arable or livestock]
holding.
or
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
Subject to paragraph 4.3 of this schedule to use and farm the Holding for agricultural purposes only [unless
the Landlord [in his absolute discretion] gives Consent [which will not be unreasonably withheld] to a nonagricultural use of part of the Holding]48.]
If a specific use for any part or parts of the Holding has been designated in [column 4] of schedule 1, to use
that part of the Holding for that purpose only throughout the Term.
Not to do or suffer to be done on the Holding anything which may be or become a nuisance or annoyance to
the Landlord or the owners or occupiers of any adjoining land.
Not to deposit or allow to be deposited any refuse, waste, redundant material or redundant machinery of any
kind on the Holding.
To cultivate the part of the Holding used for agriculture in accordance with the rules of good husbandry as
defined in the Agriculture Act 1947 Section 11.
In the last year of the Term to farm and cultivate the Holding in accordance with any written requirements of
the Landlord.
Not to use or permit the Holding or any part of it to be used for the camping or parking of vehicles or
caravans for the purpose of fairs, festivals, motor cycle or other vehicle coursing contests, rallies or any form
of public gathering.
Not to remove from the Holding any turf or top soil.
To supply a copy to the Landlord of any return or other form which the Tenant is required to make or
complete pursuant to any Enactment or as part of an application for any type of grant or subsidy.
To permit the Landlord to enter the Holding or any part, on giving to the Tenant (save in the event of an
emergency) reasonable notice, for the purpose of exercising any of the rights reserved to the Landlord by
schedule 3.
[373]
[5
IACS
5.1
Not to set aside more of the Holding than the minimum required as a condition of an application for arable
area payments under the Arable Area Payments Scheme in respect of crops grown on the Holding only and
not on any other land49.
Not to set aside any part of the Holding other than under the Arable Area Payments Scheme and on a basis to
be first agreed with the Landlord and not to import onto the Holding any set-aside obligations.
In the [first or second] year of the Term the Tenant will not claim the Holding as forage area for the purposes
of a claim for beef special premium, suckler cow premium or sheep annual premium and will co-operate with
the Landlord in signing and lodging (having regard to statutory time limits applicable) all necessary
documents and declarations to enable the Landlord to claim those premiums in that year.]
5.2
5.3
Notice of agricultural charges
To notify the Landlord in writing of any charge made under the provisions of the Agricultural Credits Act 1928
immediately on the completion of any document evidencing such charge 50.
Failure by Tenant to effect repairs
If the Tenant fails to execute repairs for which he is liable in accordance with schedule 6 within one month of receiving
from the Landlord a written request specifying the necessary repairs and calling on him to execute them the Landlord
may enter and execute such repairs and recover the reasonable costs from the Tenant immediately after the completion
of such repairs.
[374]
Alterations
8.1
Not to alter, remove or make additions to any building or other items of fixed equipment on the Holding [or
erect any new buildings or make any other improvements to the Holding without Consent]51.
Not to make any application for planning permission for development within the meaning of Section 55(1) of
the Town and Country Planning Act 199052 in respect of the Holding or any part of it.
8.2
Alienation, assignment and underletting
9.1
Not to assign, sublet, part with or share possession 53 or occupation of the whole or any part of the Holding or
take in livestock belonging to any third party or to grant to any third party any permanent or temporary rights
whatsoever provided that:
9.1.1
if the Tenant shares occupation of the Holding with the Tenants spouse [or child or children] this
will not operate as a breach of the terms of this schedule provided that no sub-tenancy is allowed to
arise;
9.1.2
the Tenant may permit persons working full time on the Holding to occupy any dwellings on the
Holding [on a basis which does not confer security of tenure for any period following expiry of the
Term provided that the Tenant obtains Consent to the agreement relating to any such occupation ]
[(but the Tenant will not be required to recover possession of any dwellings on termination of the
Term where the occupant has security of tenure under the provisions of the Rent (Agriculture) Act
1976 or the Housing Act 1988 Section 2554)].
At all times during the Tenancy personally to reside in the farmhouse on the Holding as the Tenants sole
residence.]
To prevent any new footpaths or other encroachments or easements from being made in or acquired over any
part of the Holding.
9.2
9.3
[375]
10
Preservation of game
[To take all reasonable steps to preserve and prevent the destruction of all wild birds included in the Wildlife and
Countryside Act 1981 Schedule 2 (including their nests and eggs).]
11
Notices received by Tenant
11.1
At all times immediately upon receipt of any notice, order, direction or other matter whatever affecting or
likely to affect the Holding to produce it for the Landlords inspection and to permit the Landlord to take a
copy.
To comply immediately with and give sufficient effect to every notice, direction or other matter whatever
affecting or likely to affect the Holding served or made by an Authority.
11.2
12
Legal Obligations and Necessary Consents
12.1
12.2
To comply with and to discharge the cost of all Legal Obligations and Necessary Consents.
Where any Legal Obligation requires the carrying out of works to the Holding the Tenant will (if and to the
extent required by this Agreement) apply for Consent and any Necessary Consents to carry out the works and
after obtaining them the Tenant will carry out the works to the reasonable satisfaction of the Landlord.
To indemnify the Landlord against all losses, claims or demands arising out of a breach of this Agreement by
the Tenant or in his use or occupation of the Holding or the state of repair of the Holding.
12.3
13
Damage to services
Where damage results from the laying of pipelines, sewers and other apparatus or from the erection of poles, pylons
and other apparatus to use any monetary compensation received to remedy such damage and fully to restore the
Holding or obtain a suitable indemnity from the statutory or acquiring Authority.
[376]
14
Death of Tenant
If the Tenant [or any of them or the last of them] dies during the Tenancy his executors or administrators or other
person or persons in whom any interest in the Tenancy is vested immediately after his death will within one month of
his death give notice in writing to the Landlord of such death and its date.
15
Set-off
To permit to be deducted from any amounts of compensation due from the Landlord to the Tenant under this Agreement
all sums due from the Tenant to the Landlord.
16
Yielding up on termination
16.1
On termination of this Agreement to yield up the Holding to the Landlord with vacant possession in a state of
repair, condition and decoration which is consistent with the proper performance of the Tenants agreements
in this Agreement.
If, subject to the Tenants rights under Section 8 of the 1995 Act 55, on termination of this Agreement the
Tenant leaves any fixtures, fittings or other items on the Holding, the Landlord may treat them as having been
abandoned and may remove destroy or dispose of them as the Landlord wishes and the Tenant will pay to the
Landlord on demand the cost so incurred with interest at the Interest Rate from the date of demand to the date
of payment and indemnify the Landlord against any and all resulting liability.
Immediately before termination of this Agreement if and to the extent required by the Landlord to reinstate
all alterations, additions or improvements made to the buildings or other fixed equipment on the Holding at
any time during the Term56.]
16.2
[16.3
[377]
SCHEDULE 8
Insurance57
[Option 1:
The provisions as to insurance set out in the Model Clauses will apply to this Agreement.
[378]
or Option 2:
Landlords insurance obligations
1.1
Subject to paragraph 1.2 of this schedule the Landlord will effect and maintain insurance of the Holding in
respect of:
1.1.1
damage or destruction to the fixed equipment on the Holding occurring in consequence of any of
the Insured Risks in a sum equal to the full reinstatement value of all buildings on the Holding
according to the Landlords estimate of such value from time to time;
1.1.2
the cost of demolition, shoring up and site clearance;
1.1.3
all architects, surveyors and other professional fees and incidental expenses in connection with the
reinstatement;
1.1.4
VAT on those amounts to the extent applicable and to the extent that the Landlord may not be able
to recover such tax from HM Customs and Excise 58;
1.1.5
third party and public liability;
1.1.6
liability under the Defective Premises Act 1972 and any other Enactment in respect of which the
Landlord requires insurance59; and
1.1.7
[2 years] loss of rent.
The Landlords obligations under paragraph 1.1 of this schedule:
[1.2.1
(for the avoidance of doubt) will not extend to the insurance of any Tenants fixtures or
improvements to the Holding made by the Tenant;]
1.2.2
are subject to any excess or limitation or other condition imposed by insurers; and
1.2.3
do not apply in so far as the Insurance Policies effected by the Landlord have become void or
voidable by reason of any act, neglect or fault of the Tenant or his servants or agents or licensees.
If the fixed equipment on the Holding (or any part of it) is destroyed or damaged consequent upon the
occurrence of any of the Insured Risks, the Landlord will as soon as reasonably practicable seek all
Necessary Consents for the purpose of reinstating the same and in the event of these being obtained the
Landlord will apply the insurance monies received for the said purpose, to the intent that such damaged or
destroyed fixed equipment should be reinstated with all reasonable speed to substantially the same nature,
quality and net internal area as before (or as close as the Landlord can reasonably provide).
The Landlord will when reasonably required to do so by the Tenant at the Tenants cost provide the Tenant
with copies of all Insurance Policies and will notify and provide the Tenant with details of any endorsements
or variations to them.
1.2
1.3
1.4
[379]
Tenants insurance obligations
The Tenant will:

2.1
not do or fail to do anything which will or may cause any of the Insurance Policies to be void or voidable and
will indemnify the Landlord against any losses, charges, costs or expenses (including any increase in
premium) resulting from any breach of this obligation;
2.2
notify the Landlord of the incidence of any Insured Risk or any other matter which ought reasonably to be
notified to the underwriters or insurance office with whom the Insurance Policies are effected;
2.3
comply with the conditions of the Insurance Policies and requirements of the relevant insurance office with
whom the Insurance Policies are effected;
2.4
notify the Landlord of any activity event or other matter occurring or anticipated to occur on the Holding
likely to affect the validity of the Insurance Policies;
2.5
effect and maintain insurance at all times during the Term in the joint names of the Landlord and the Tenant
to the full market value against the Insured Risks (or such other risks as the Landlord may from time to time
reasonably request) with an insurance company of a category approved by the Landlord in respect of:
2.5.1
live and dead stock;
2.5.2
meadow and clover;
2.5.3
hay, fodder, straw and other crops stored on the Holding;
2.6
produce to the Landlord on demand the insurance policy taken out pursuant to paragraph 2.5 of this schedule
with the receipt for the current premium;
2.7
in the event of loss or destruction of the items referred to in paragraph 2.5 of this schedule (or any of them)
immediately apply the full amount of the insurance monies received in the replacement of them;
2.8
keep an adequate number of fire extinguishers in the buildings on the Holding in good working order and to
take all other reasonable precautions to safeguard the Holding and any adjoining or neighbouring property of
the Landlord against fire and other risks.
[3
Vitiation of insurance
If the insurance monies under any of the Insurance Policies is wholly or partly irrecoverable by reason of any act,
neglect or default of the Tenant or any servant, agent or licensee (or any of them) the Tenant will pay to the Landlord on
demand the irrecoverable amount.]]
[380]
SCHEDULE 9
1
Quiet Enjoyment
If the Tenant observes and performs the Tenants agreements and obligations in this Agreement the Tenant may
peaceably hold and enjoy the Holding during the Term without any lawful interruption or disturbance from or by the
Landlord or any person claiming through, under or in trust for the Landlord.
(insert other provisions as appropriate)60
[381]
SCHEDULE 10
Forfeiture
Without prejudice to any other rights of the Landlord, in any of the cases set out in this schedule the Landlord may at
any time (and notwithstanding the waiver of any previous right of re-entry) re-enter the Holding whereupon this
Tenancy will absolutely determine but without prejudice to any right of action of the Landlord in respect of any
previous breach by the Tenant of this Agreement 61.
1
If the whole or any part of the Rent or any other sums lawfully due from the Tenant to the Landlord remains
unpaid 21 days after becoming due (in the case of the Basic Rent whether demanded or not).
2
[382]
If any of the Tenants agreements in this Agreement are not performed or observed.
If the Tenant:
3.1
proposes to or enters into any composition or arrangement with his creditors generally or any class
of his creditors; or
3.2
3.3
3.4
is the subject of any judgment or order made against him which is not complied with within 7 days
or is the subject of any execution, distress, sequestration or other process levied upon or enforced
against any part of his undertaking, property, assets or revenue; or
being a company:
3.3.1
is the subject of a petition presented or an order made or a resolution passed or analogous
proceedings taken for appointing an administrator of or winding up such company; or
3.3.2
an incumbrancer takes possession or exercises or attempts to exercise any power of sale
or a receiver or administrative receiver is appointed of the whole or any part of the
undertaking, property, assets or revenues of such company; or
3.3.3
stops payment or agrees to declare a moratorium or becomes or is deemed to be insolvent
or unable to pay its debts within the meaning of the Insolvency Act 1986 Section 123; or
3.3.4
without the prior Consent in writing of the Landlord ceases or threatens to cease to carry
on its business in the normal course; or
being an individual:
3.4.1
is the subject of a bankruptcy petition or bankruptcy order; or
3.4.2
is the subject of an application or order or appointment under the Insolvency Act 1986
Section 253 or Section 273 or Section 286; or
3.4.3
is unable to pay or has no reasonable prospect of being able to pay his debts within the
meaning of the Insolvency Act 1986 Sections 267 and 26862.
If any event occurs or proceedings are taken with respect to the Tenant in any jurisdiction to which the Tenant
is subject which has an effect equivalent or similar to any of the events mentioned in this schedule.
[383]
SCHEDULE 11
Quotas
The provisions of paragraph 1 of this schedule apply to the Milk Quota and the provisions of paragraph 2 of this
schedule apply to the Quota both as defined in schedule 16.
Milk Quota63
1.1
The Tenants agreements

The Tenant agrees:
1.1.1
to farm the Holding throughout the Term and to comply with any Enactment and any direction
made by the Landlord so as to ensure that the entirety of the Milk Quota continues to be attached to
the Holding (and to no other land) to the intent that it will be transferable to the Landlord or at his
direction on the termination of this Agreement;
1.1.2
not to charge or lease the Milk Quota;
1.1.3
not to do nor omit to do anything which results or may result in all of part of the Milk Quota being
reduced, lost, charged or removed from the Holding whether permanently or temporarily or
otherwise being unavailable to a future occupier of the Holding;
1.1.4
to co-operate with the Landlord on the termination of the Term in signing and lodging (in
accordance with all time limits that may be applicable) all necessary documents including any
required by any Authority to effect the transfer of the Milk Quota to the Landlord or as the
Landlord may direct;
1.1.5
that subject to paragraph 1.2 of this schedule, in the event of the Milk Quota or any part of it not
being transferred to the Landlord or at his direction upon the change of occupation consequent
upon termination of this Agreement, the Tenant will compensate the Landlord for all lawfully
recoverable losses thereby sustained including the cost to the Landlord of acquiring milk quota of
comparable butterfat base and usage to the Milk Quota or any such part;
1.1.6
that, if quantification of the whole or any part of the loss suffered by the Landlord in circumstances
referred to in paragraph 1.1.5 is impossible, the sum payable to the Landlord will be a sum equal to
any reduction in the value of the Holding consequent upon such loss.
[384]
1.2
Reductions
1.2.1
1.2.2
The obligations contained in paragraph 1.1 of this schedule will not apply in so far as the Milk
Quota has been subject to reductions imposed by any Authority unless such reductions are
cancelled or reinstated in part and, if cancelled or reinstated in part, the obligations will apply to the
extent of such partial cancellation or reinstatement.
If any such reductions referable to any period after the expiry of the Term result in the payment of
any compensation to the Tenant or to any partnership or company of which the Tenant is a member
or officer in which he has or had any interest (irrespective of when the same is paid) such
compensation will be treated as belonging to the Landlord and will be paid to the Landlord without
deduction immediately upon receipt.
1.3
Production
During the period from 31 March in the last 12 months of the Term to the end of the Term the Tenant will not
during any month produce any greater quantity of milk than one twelfth of the total production entitlement
permitted by any Authority for that 12 month period (or as specified in any milk production monthly profile
produced by any Authority whichever be the greater).
1.4
Prospective apportionment
The Tenant will at any time during the Term at the direction of the Landlord request a prospective
apportionment of the Milk Quota in relation to the Holding pursuant to the [Dairy Produce Quotas
Regulations 1994/672 Regulation 11 and Schedule 2 64] and will use his best endeavours to obtain the consent
of all interested parties (as described by the Dairy Produce Quotas Regulations [1994]) to the prospective
apportionment.
1.5
Landlords consent
The Landlord consents to the Tenant using the Holding or any part of it for the purpose of milk production
during the Term.
[385]
Quota
The Tenant agrees:

2.1
to preserve the benefit of any Quota transferred to or made available to the Tenant at the commencement of
the Term or subsequently as the occupier for the time being of the Holding;
2.2
on termination of the Term to transfer the benefit of the Quota or make the Quota available to the Landlord or
to any incoming occupier (as appropriate).
SCHEDULE 12
Tenants Fixtures and Buildings
(insert details) 65
[386]
SCHEDULE 13
[Part I
Tenants Improvements66
1
(list agreed improvements under the three headings set out below)
Date of Consent
2
Cost incurred by Tenant
Grant received by Tenant/Landlord
(consider traditional tenant right items which constitute routine improvements under the 1995 Act and
include basis of valuation)
Item
Basis of valuation
1
Residual value of fertilizers eg lime
2
Beneficial cultivations
3
Early crops
Part II
Improvements made in return for a benefit
Benefit
Improvement
Cost of improvement
Part III
Items to be purchased
Item
Basis of valuation
1
Winter feed and stores:
silage
[consuming value]
hay and straw
[market or consuming] value
2
Fertilizers, seed and sprays
[at cost]
3
Oils, greases, medicines and sundries
[at cost]]
[SCHEDULE 14
Schedule of Condition67
(insert details)]
SCHEDULE 15
Schedule of Redundant Buildings68
(insert details)
[387]
SCHEDULE 16
Definitions and interpretation
1
Definitions
1.1
Arable Area Payments Scheme means the general Arable Area Payments Scheme set down under the
Arable Area Payments Regulations [1995]69.
1.2
Arbitrator means an arbitrator appointed to act in accordance with the Arbitration Acts 19501979.
1.3
Authority means any statutory, public, local or other authority or any court of law or any government
department or any of their duly authorised officers.
1.4
Basic Rent means the sum set out as the Basic Rent in the Particulars or such other rent as may be payable
following review as prescribed by this Agreement.
1.5
Commencement Date means the date referred to as the Commencement Date in the Particulars.
1.6
Consent means an approval, permission, authority, licence or other relevant form of approval given by the
Landlord in writing.
1.7
Enactment means:
1.7.1
any Act of Parliament or
1.7.2
any European Community Legislation or decree or other supranational legislation or decree having
effect of law in the United Kingdom.
1.8
Expert means the person named in the Particulars or appointed in accordance with clause 14.1.
1.9
Holding means the land (including all buildings and fixed equipment on the land) described as the Holding
in the Particulars.
[388]
1.10
IACS means the Integrated Administration and Control System referred to in the Integrated Administration
and Control System Regulations [1993]70.
1.11
Insurance Policies means all insurance policies maintained by or on behalf of the Landlord in respect of
the Holding throughout the Term in accordance with the provisions of schedule 8.
1.12
Insurance Rent means the sums (including any excess payments) incurred by or on behalf of the Landlord
during the Term in discharging his obligations regarding insurance set out in schedule 8.
1.13
Insured Risks means fire, storm, tempest, lightning, explosion, riot, civil commotion, malicious damage,
impact, flood, bursting or overflowing of water tanks, burst pipes, discharge from sprinklers, aircraft and
other aerial devices or articles dropped from them (other than war risks) and such other risks as the Landlord
may from time to time reasonably require to be covered.
1.14
Interest Rate means the percentage rate above the base lending rate from time to time of the bank specified
in the Particulars or such other bank being a member of the Committee of London and Scottish Bankers as
the Landlord may from time to time nominate or if that base lending rate cannot be ascertained then such
alternative rate as the Landlord may reasonably specify; and whenever interest is payable at or by reference
to the Interest Rate it will be calculated on a daily basis.
[389]
1.15
Landlord includes any successor to the Landlord named in the Particulars.
1.16
Legal Obligation means any obligation from time to time created by any Enactment or Authority which
relates to the Holding or its use and includes without limitation obligations imposed as a condition of any
Necessary Consents.
1.17
Milk Quota means the milk quota set out in the Particulars.
1.18
Model Clauses means the Schedule to the Agriculture (Maintenance, Repair and Insurance of Fixed
Equipment) Regulations 1973/147371 as amended.
1.19
Necessary Consents means planning permission and all other consents, licences, permissions and
approvals whether of a public or private nature which are relevant in the context.
1.20
Outgoings means all rates, taxes, charges, duties, assessments, impositions and outgoings of any sort which
are at any time during the Term payable whether by the owner or occupier of property and includes charges
for electricity, gas, water, sewerage, telecommunications and other services (but not any tax payable by the
Landlord on the Rent or on any dealing with the Landlords interest in the Holding).
[390]
1.21
Particulars means the particulars page set out at the beginning of this Agreement.
1.22
Quota means all quota or other right of production or right to payment or subsidy whether under any
scheme for the production or marketing of agricultural produce or otherwise or any right of or restriction on
production or the use of the Holding for farming or any licence or consent required for such production or use
(other than Milk Quota) which is now or at any time in the future may be allocated, transferred or made
available to the Tenant in respect of the Holding.
1.23
Rent means all sums reserved as rent by this Agreement.
1.24
Rent Days means the dates set out in the Particulars for payment of Rent in each year of the Term.
1.25
Review Date means the dates for review of the Basic Rent set out in the Particulars.
1.26
Tenancy means the tenancy granted by this Agreement.
1.27
Tenant includes any successor to the tenant named in the Particulars.
1.28
Term means the term of the tenancy granted by this Agreement which will commence and expire on the
dates set out in the Particulars72.
1.29
Title Matters means the matters set out in schedule 4.
1.30
VAT means Value Added Tax and includes any future tax of a like nature.
1.31
[391]
1995 Act means the Agricultural Tenancies Act 1995.
Interpretation
In this Agreement unless the context otherwise requires:

2.1
words importing any gender include every gender;
2.2
words importing the singular number include the plural number and vice versa;
2.3
words importing persons include firms companies and corporations and vice versa;
2.4
references to numbered clauses and schedules are references to the relevant clause in or schedule to this
Agreement;
2.5
reference in any schedule to this Agreement to numbered paragraphs relate to the numbered paragraphs of
that schedule;
2.6
where any obligation is undertaken by two or more persons jointly they are to be jointly and severally liable
in respect of that obligation;
2.7
any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing
to be done or omitted to be done;
2.8
any party who agrees to do something will be deemed to fulfil that obligation if that party procures that it is
done;
2.9
the headings to the clauses, schedules and paragraphs of this Agreement will not affect the interpretation;
2.10
any sum payable by one party to the other will be exclusive of VAT which will where it is chargeable be paid
in addition to the sum in question at the time when the sum in question is due to be paid;
2.11
any relevant perpetuity period will be 80 years from the date of this Agreement;
2.12
any reference to an Enactment includes reference to that Enactment as amended or replaced from time to time
and to any subordinate legislation or byelaw made under that Enactment.
(signature (or common seal) of landlord: tenancy agreement)
(signature of tenant: counterpart)
[(signatures of witnesses)]73
[392]
1
2
3
4
6
7
8
9
10
As to stamp duty see Information Binder: Stamp Duties [1] (Lease or Tack) and (Duplicate or Counterpart). See also clause 21
[361] and note 34 below. A tenancy for a fixed term of more than 21 years must be registered at the Land Registry: see vol 25(1)
(1995 Reissue) LAND REGISTRATION .
Note that the Agricultural Tenancies Act 1995 (1 Halsburys Statutes (4th Edn) AGRICULTURE) provides that the tenancy begins
on the day on which under the terms of the tenancy the tenant is entitled to possession: see ibid s 38(4) and Paragraph 2 [3] ante.
The holding should be described accurately and by reference to a plan, with details set out in schedule 1 [362].
The term is assumed to be for a fixed period of more than two years. It should not start before the date on which the agreements
are completed, but can be expressed to start at a later date. Note that under the Agricultural Tenancies Act 1995 s 5 a term of
more than two years will not come to an end automatically on its term date: see Paragraph 72 [82] ante. If either party wishes to
terminate the tenancy on that date, a notice to comply with ibid s 5 must be served: see Form 13 [711] post. In the absence of
such a notice the tenancy will continue as an annual periodic tenancy on the terms of the original tenancy so far as applicable:
see ibid s 5(1).
The draftsman should consider the appropriate rent review option for the tenancy in question, bearing in mind the rent review
periods which the parties would prefer and what is permitted under ibid ss 9, 10: see Paragraph 53 [63] et seq ante. Note that it is
not a permissible option to invoke the provisions of the Agricultural Holdings Act 1986 s 12, Sch 2 (1 Halsburys Statutes (4th
Edn) AGRICULTURE): see Paragraph 334 [2116] et seq post.
As to dispute resolution see further clause 14 [358] and note 30 below.
A particular expert may be chosen in certain circumstances under the Agricultural Tenancies Act 1995 (see ibid ss 12(b), 28 and
29 and Paragraph 123 [144] ante), in which case the name and address of the chosen expert should be included.
If there is no milk quota attaching to the holding, the description in the Particulars at [352], clause 9 [355], schedule 11
paragraph 1 [384] and the definition in schedule 16 paragraph 1.17 [390] should be deleted. As to milk quota generally see
further vol 2(2) (1998 Reissue) AGRICULTURE Paragraph 17 [38] et seq.
As to the operation of the break clause see clause 12 [357] and Paragraph 76 [86] ante.
As to external maintenance see schedule 6 option 3 para (6) [370].
11
As to internal maintenance see schedule 6 option 3 para (7) [370].
[393]
12
13
14
15
16
17
18
19
20
21
22
In a medium to long term tenancy the landlord may prefer to insist on a surety before agreeing to grant the tenancy to the tenant.
The Agricultural Tenancies Act 1995, which allows for diversification from strict agricultural activities, is intended to allow the
parties to agree a more commercial type of tenancy than permitted under the Agricultural Holdings Act 1986, and it is common
practice to require a suitable surety before commercial leases are granted.
For definitions see schedule 16 [388].
Clause 2 [353] contains the operative terms. The rights granted to the tenant are to be set out in schedule 2 [362] and matters
excepted and reserved to the landlord are to be set out in schedule 3 [362]: see notes 37, 38 below. A lease or tenancy agreement
may be expressed to be made with a full or limited title guarantee, if the landlord is willing to do so; as to the covenants for title
implied by including these words see the Law of Property (Miscellaneous Provisions) Act 1994 (37 Halsburys Statutes (4th
Edn) REAL PROPERTY), vol 25(1) (1995 Reissue) LAND REGISTRATION Paragraph 121 [2181] et seq and vol 35 (1997 Reissue)
SALE OF LAND Paragraph 474 [599]. If a title guarantee is to be given, the title should be fully investigated : see Paragraph
159 [209] ante.
As to the operation of the break clause see clause 12 [357] and Paragraph 76 [86] ante.
For medium to long term tenancies it is advisable for both parties to consider title matters affecting the holding and its uses. Such
matters as existing wayleaves, pipelines, covenants etc which may affect the tenants quiet enjoyment of the holding, or which
the intended use under the proposed tenancy may jeopardise, should be considered and revealed to the tenant. Wherever
possible, to try to ensure compliance with covenants and restrictions, copies of relevant documents should be supplied to the
tenant.
As to variation of rent see Paragraph 53 [63] et seq ante and the four options in schedule 5 [363]. If provisions for rent review
are to be included, then clause 3.4 [354] should be deleted; if clause 3.4 [354] is included, schedule 5 [363] and the words in
brackets in clause 3.1.1 [354] should be deleted.
As to the interest rate see the Particulars at [352] and schedule 16 paragraph 1.14 [389].
As to tenant right matters see Paragraph 434 [2446] et seq post and as to the provisions of the Agriculture Act 1986 Sch 1 (1
Halsburys Statutes (4th Edn) AGRICULTURE) see Paragraph 452 [2511] et seq post.
See note 17 above.
Under the Agricultural Holdings Act 1986, the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations
1973/1473 as amended (the so called model clauses) were deemed to be incorporated into every tenancy of an agricultural
holding except as specifically provided otherwise: see Paragraph 321 [2062] and Form 102 [3051] post. There is no comparable
provision under the Agricultural Tenancies Act 1995. The parties have complete freedom of contract. A number of alternatives
are included in schedule 6 [364], but by way of example only.
For the tenants agreements see schedule 7 [372] and for the insurance provisions see schedule 8 [378]. The landlords
agreements are to be set out in schedule 9 [381].
[394]
23
24
25
26
27
28
29
30
31
For the forfeiture provisions see schedule 10 [382].

For the tenant to be entitled to compensation in respect of routine improvements made in the normal course of farming and
therefore including many (though not all) traditional tenant right matters, the landlord must give his consent in writing: see
Paragraph 98 [110] ante. If the landlord refuses consent, the tenant can apply to an arbitrator for consent even after he has begun
the improvement. Consent is set out in clause 8 [355]. Note, however, that the definition of routine improvements does not
cover all the tenant right matters for which the tenant was entitled to receive compensation under the Agricultural Holdings Act
1986 Sch 8 Pt II: see Paragraph 434 [2446] et seq post. If the landlord wishes to agree to pay for such additional matters, specific
provisions should be added in schedule 13 [387]. Parties should be aware of the fact that husbandry obligations may imply
consent to carry out the routine improvements necessary to comply with such obligations.
As to milk quota see schedule 11 [384] and vol 2(2) (1998 Reissue) AGRICULTURE Paragraph 17 [38] et seq.
As to tenants fixtures see Paragraph 41 [51] et seq ante; details are to be set out in schedule 12 [386].
As to tenants improvements see Paragraph 91 [101] et seq ante and note 24 above; details are to be set out in schedule 13 [387].
As to break clauses see the Agricultural Tenancies Act 1995 s 7 and Paragraph 76 [86] ante. Where such a break clause is
included in a registrable lease, a note will be entered on the register referring to the option to bring the lease to an end on service
of notice complying with the clause.
The parties are free to negotiate as to resumption of part whether for non-agricultural purposes or otherwise. Subject to
compliance with the Agricultural Tenancies Act 1995 s 7 as to the notice period for resumption of possession under the fixed
term (see Paragraph 76 [86] ante), there is no similar requirement in the 1995 Act to the need to satisfy the Agricultural Holdings
Act 1986 s 31 (see Paragraph 372 [2245] post).
When selecting the alternative forms of wording in clauses 14.1 and 14.2 [358], note that details under the heading Dispute
resolution in the Particulars at [352] must be completed accordingly. Clause 14 [358] is intended to take advantage of the
limited opportunity for the parties to agree to the appointment of their own expert or arbitrator for resolution of disputes
provided by the Agricultural Tenancies Act 1995 s 29(1)(a) (see Paragraph 123 [144] ante). Note however that either party has
the ability to refer the matter back to an arbitrator appointed under ibid s 28 if he so chooses.
[395]
32
33
Clause 20.1 [361] is required where dwellings are included in the tenancy.
Any notices exchanged by the parties in order to comply with the notice conditions set out in the Agricultural Tenancies Act
1995 s 1(4), should be served strictly in accordance with ibid s 36, unless before service of those notices, the parties enter into a
written agreement under ibid s 36(2)(c) specifying an alternative method of service. Once the initial notice condition notices
have been exchanged and the tenancy agreement has been signed and dated, all further notices can be served under the extended
34
35
36
37
38
39
40
41
42
43
44
45
46
provisions agreed between the parties as set out in clause 20.2 [361]: see Paragraph 158 [208] ante. For a form of notice to
comply with ibid s 36(7) see Form 22 [741] post.
A lease that is not preceded by an agreement must contain a certificate to that effect for stamp duty purposes: see the Finance Act
1994 s 240 (41 Halsburys Statutes (4th Edn) STAMP DUTIES). See further Information Binder: Stamp Duties [1] (Guide to
Stamp Duties).
As to the statutory requirements for valid execution of a deed see vol 12 (1994 Reissue) DEEDS, AGREEMENTS AND
DECLARATIONS.
As to the relevance of restricted use see Paragraphs 24 [29] et seq, 158 [208] ante.
For alternative clauses granting easements and other rights see vol 13(1) EASEMENTS AND PROFITS A PRENDRE Form 13 [5601]
et seq.
A suggested schedule of exceptions and reservations is set out in Form 4 [421] post, but see also vol 13(1) EASEMENTS AND
PROFITS A PRENDRE Form 13 [5601] et seq.
As to Title Matters see note 16 above.
As to rent review generally see Paragraph 53 [63] et seq ante and notes 5, 17 above.
Review of the Basic Rent by reference to the retail price index is one option considered permissible under the Agricultural
Tenancies Act 1995 s 9(b)(ii). However, the parties should consider whether they are content to accept that the RPI is unlikely to
reflect changes in farming profitability over a long term.
As to repair generally see also vols 22(1) - (3) (1996-1997 Reissue) LANDLORD AND TENANT (Business Tenancies).
As to the Model Clauses see note 21 above and Paragraph 321 [2062] and Form 102 [3051] post. Although these clauses are
not deemed to be incorporated into a farm business tenancy, there is no reason why the parties should not choose to incorporate
them expressly.
This form allows for a schedule of condition to be included as schedule 14 [387].
See note 44 above.
See clause 5 [355].
[396]
47
48
49
50
51
Note that it is important to include the agreement set out in schedule 7 paragraph 4.1 [373] to ensure, so far as possible,
continuing compliance with the business conditions. Any use in contravention of this provision can be disregarded under the
Agricultural Tenancies Act 1995 s 1(8) when determining whether or not there has been compliance, unless there has been
consent or acquiescence on the part of the landlord to the breach: see Paragraph 13 [17] ante.
If a non-agricultural purpose is to be one of the permitted users then schedule 7 paragraph 4.2 [373] should be amended
appropriately. The parties should exchange notices under the Agricultural Tenancies Act 1995 s 1(4), where a non-agricultural
use is included as one of the permitted purposes. Note ibid s 1(4)(b) in particular: see Paragraph 24 [29] ante.
Where the holding is registered as eligible under IACS (as defined in schedule 16 paragraph 1.10 [389]), consider whether the
landlord wishes to restrict the tenants ability to set land aside under the Arable Area Payments Scheme (see schedule 16
paragraph 1.1 [388]). Schedule 7 paragraph 5.1 [374] is intended to stop the tenant from dumping on the holding set-aside,
which relates to crops grown on other land. This may be appropriate particularly if the tenant sets aside on a rotational basis.
If the landlord intends to make a claim for beef special premium, suckler cow premium or sheep annual premium and if the
tenancy commences or is due to terminate between January and July in any year then he should consider restricting the right of
the tenant to claim the holding as his forage area in any relevant year.
As to the Agricultural Credits Act 1928 (1 Halsburys Statutes (4th Edn) AGRICULTURE) see vol 25(1) (1995 Reissue) LAND
CHARGES Paragraph 81 [551] et seq.
Note that deletion of the agreement contained in schedule 7 paragraph 8.1 [375] or the giving of consent by the landlord to
alterations or other improvements could result in the tenant being entitled to compensation for improvements on termination of
the tenancy: see Paragraph 94 [105] ante. Inclusion of this provision, however, will not prevent the tenant from claiming such
compensation in respect of other matters outside the scope of this restriction. Neither will its inclusion prevent the tenant from
applying to an arbitrator under the Agricultural Tenancies Act 1995 s 19 for consent to an improvement: see Paragraph 95 [106]
ante and note 56 below.
[397]
52
53
54
55
56
As to the meaning of development within the Town and Country Planning Act 1990 s 55 as amended (46 Halsburys Statutes
(4th Edn) TOWN AND COUNTRY PLANNING) see vol 41 TOWN AND COUNTRY PLANNING Paragraph 9 [915].
This provision has been very restrictively drawn to prohibit not merely assignment and underletting but also sharing possession
and occupation of the holding. This is to prevent a tenant entering into partnership with a third party, possibly on terms where the
tenant is merely a sleeping partner with little day to day control over the farming. See also Paragraph 152 note 4 [202] ante.
As to security of tenure for agricultural dwellings see Paragraphs 601 [5001] et seq, 701 [5601] et seq post.
As to the tenants right to remove fixtures see Paragraph 41 [51] et seq ante.
Under the Agricultural Tenancies Act 1995, it is not possible to add to or take away from the compensation provisions where the
Act provides for compensation concerning a particular matter. The Landlord and Tenant Act 1927 (23 Halsburys Statutes (4th
Edn) LANDLORD AND TENANT) contains provisions with a similar effect and practitioners negotiating commercial leases have
often included a provision requiring the tenant to reinstate all alterations, additions and improvements made to premises during
the term. This has been allowed by the courts, despite the fact that it in effect prevents the tenant from obtaining compensation
for improvements.
Note, however, that there is a risk that this could fall foul of the Agricultural Tenancies Act 1995 s 26(1), as an attempt to
avoid the compensation provisions of that Act and could therefore be held to be unenforceable.
Note also that this clause does not relate to all matters for which the tenant is entitled to compensation on termination of the
term under the Agricultural Tenancies Act 1995.
57
58
59
Under the Agricultural Tenancies Act 1995 there is no provision similar to the model clauses providing for insurance
obligations: see note 21 above.
The supply of land under an agricultural lease is exempt from VAT unless the landlord or a relevant associate of the landlord
elects to waive exemption from VAT. As to VAT in relation to leases see Information Binder: Property [1] (VAT and Property).
As to a landlords liability for negligence see 27(1) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT para 386.
[398]
60
61
62
63
64
65
66
67
68
69
70
71
72
73
For examples of other covenants which might be required from a landlord see vols 22(1) - (3) (1996-1997 Reissue) LANDLORD
AND TENANT (Business Tenancies).
There is no requirement for a notice period of at least one month for the provision to be valid, as there is under the Agricultural
Holdings Act 1986: see Parry v Million Pigs Ltd (1980) 260 Estates Gazette 281. As to the law of forfeiture generally see vol
vols 22(1) (1996 Reissue) LANDLORD AND TENANT (Business Tenancies).
As to the Insolvency Act 1986 (4 Halsburys Statutes (4th Edn) BANKRUPTCY AND INSOLVENCY) generally see vol 3(2) (1995
Reissue) BANKRUPTCY AND INDIVIDUAL VOLUNTARY ARRANGEMENTS .
See note 8 above. This precedent includes provisions to protect the landlords milk quota where it is attached to the holding. The
parties may require alternative provisions suitable to the circumstances for instance if the tenant has milk quota registered in his
name or for his benefit. It is unclear whether the tenant would be entitled to compensation for milk quota as an intangible
advantage under the Agricultural Tenancies Act 1995 s 16: see Paragraph 91 note 4 [101] ante. As to milk quota generally see
further vol 2(2) (1998 Reissue) AGRICULTURE Paragraph 17 [38] et seq.
The regulations current as at the date of the tenancy agreement should be specified. At the date of this volume they are the Dairy
Produce Quotas Regulations 1994/672 as amended.
As to tenants fixtures see clause 10 [355] and Paragraph 41 [51] et seq ante.
As to tenants improvements see clause 11 [356] and notes 24, 27 above.
As to the schedule of condition see schedule 6 at [364], [366].
As to redundant buildings see clause 15 [359].
The regulations current as at the date of the tenancy agreement should be specified. At the date of this volume they are the
Arable Area Payments Regulations 1995/1738 as amended.
Integrated Administration and Control System Regulations 1993/1317 as amended.
The meaning of Term is restricted to the original term specified in the Particulars, but the term of the tenancy will automatically
be extended by statute in the absence of a notice to comply with the Agricultural Tenancies Act 1995 s 5: see note 4 above.
A lease for 3 years or less (including a periodic tenancy) taking effect in possession may be created by parol or by writing which
need not be executed as a deed: Law of Property Act 1925 ss 52(2)(d), 54(2) (37 Halsburys Statutes (4th Edn) REAL PROPERTY)
and the Law of Property (Miscellaneous Provisions) Act 1989 s 2(5)(a) (37 Halsburys Statutes (4th Edn) REAL PROPERTY). As
to the statutory requirements for valid execution of a deed see vol 12 (1994 Reissue) DEEDS, AGREEMENTS AND
DECLARATIONS.
[399][420]
4
Schedule of rights excepted and reserved for use in a tenancy agreement
SCHEDULE1
Rights excepted and reserved
1
Minerals and other underground resources
All mines, minerals, quarries, stones and sand, chalk, flints, marl, peat, brick, earth, clay, gravel, turf, petroleum and its
relative hydrocarbons and all other gases and substances in or under the Holding 2 of a kind ordinarily worked or
removed by underground or surface working with power to the Landlord and all persons authorised by him to enter on
the Holding to search for, win, dress and make merchantable and carry them away from the Holding and from
neighbouring land over any roadways on the Holding or over any other part of the Holding and to execute all incidental
works including the right to let down the surface of the land the Tenant being paid reasonable compensation for all
damage caused by the exercise of such power.
Water resources
The right for the Landlord and all persons authorised by him to enter the Holding and (subject to the provisions of the
Water Resources Act 19913) to take water from any stream, spring or other source of supply on or under the Holding by
means of boreholes, pipes or otherwise PROVIDED that sufficient water is left for the Tenant for the Permitted
Purpose4.
[421]
Easements wayleaves and other contracts
The right to grant any wayleave, contract, easement or licence to any public or local authority or public utility company
or other company or persons with the right to authorise servants and agents of such parties with or without vehicles,
animals, machinery and plant to enter upon the Holding and carry out their works (subject to the payment of reasonable
compensation for damage provided a claim in writing is made by the Tenant to the Landlord within a reasonable time
from the occurrence of the damage) together with the benefit of all such contracts, agreements for easements or
licences and all rents and other payments reserved.
Timber
All timber and other trees (except fruit trees), saplings, pollards and underwood with liberty for the Landlord and all
persons authorised by him to enter upon the Holding in order to inspect, mark, fell, cut and carry them away and to
replant them and to cart them from the Holding and from neighbouring land over any roadways on the Holding or over
any other part of the Holding without making any payment to the Tenant for such use.
Sport5
5.1
All game, deer, wildfowl, woodcock, snipe and other wild birds listed in the Wildlife and Countryside Act
1981 Schedule 2 their nests and eggs and all fish together with the exclusive right for the Landlord and all
persons authorised by him to go upon the Holding:
5.1.1
to rear, preserve, shoot, kill and take them away; and
5.1.2
to shoot, hunt, hawk, sport and fish on or over the Holding.
(Subject to the Ground Game Act 1880 and the Ground Game (Amendment) Act 1906) the right for the
Landlord and all persons authorised by him to kill, shoot and take away rabbits, hares, pigeons or any other
pests.
5.2
[422]
Access
The right for the Landlord and all persons authorised by him with or without vehicles, animals, machinery and plant to
enter6 onto any part of the Holding at all reasonable times:
[6.1
to inspect the state of repair and condition of the Holding;]
[6.2
to inspect or to gain access to or to carry out any works to any neighbouring land of the Landlord;]
6.3
for the purposes set out in this schedule; and
6.4
for all other reasonable purposes.
Rights in respect of service media
Without prejudice to the generality of other rights reserved by this schedule the right to run pipes, drains, conduits,
cables, wires or other works (either already existing or any new ones) for the benefit of any other property of the
Landlord and the right to carry out works for the benefit of such land the Tenant being paid reasonable compensation
for all damage caused to him by the exercise of such rights.
Rights of way
All rights of way (if any) used or enjoyed up to and including the date of this Agreement across any part of the Holding
whether by the Landlord or any other party in respect of other property of the Landlord.
Wayleave agreements
The benefit of all wayleave agreements entered into by the Landlord and existing at the date of this Agreement and all
rents and other money payable under them and the power to carry out on the Holding at the Landlords cost anything
required to be done by the Landlord under such agreements.
[423]
1
2
3
4
5
6
This Form gives examples of the rights which a landlord may wish to except and reserve in a farm business tenancy (or other
grazing tenancy) agreement, and may be used as schedule 3 in Form 3 at [362] ante, Form 5 at [462], Form 6 at [510] or Form 8
at [630] post. For further examples of such rights see vol 13(1) (1996 Reissue) EASEMENTS AND PROFITS A PRENDRE . Where
mines and minerals are expressly excepted then, if the lease is registrable, a note (stating that such mines and minerals are
excluded from the registration) will be included in the property register of the title.
The Holding should be described accurately and defined in the tenancy agreement.
As to the Water Resources Act 1991 (49 Halsburys Statutes (4th Edn) WATER) and the right to abstract water see vol 13(1)
(1996 Reissue) EASEMENTS AND PROFITS A PRENDRE Paragraph 41 [5236].
The Permitted Purpose should be defined in the tenancy agreement.
See also vol 13(1) (1996 Reissue) EASEMENTS AND PROFITS A PRENDRE Forms 81 [5764]83 [5766].
There are no similar rights of entry to the holding reserved to the landlord in the Agricultural Tenancies Act 1995 (1 Halsburys
Statutes (4th Edn) AGRICULTURE) as in the Agricultural Holdings Act 1986 s 23 (1 Halsburys Statutes (4th Edn)
AGRICULTURE).
[424][450]
5
Farm business tenancy (short formtwo years or less)1
PARTICULARS
(a)
Date:
(insert date)2
(b)
The Landlord:
(c)
The Tenant:
(d)
The Holding:
the land known as (describe the property) extending to approximately (number) hectares shown
[for identification purposes only] edged [red] on the attached plan and [more particularly] described
in schedule 13
(e)
The Term:
a term [of (number) [months or years] starting on (date) or starting on (date) and expiring on
(date)]4
[451]
(f)
Rent:
(insert amount) [for the Term or per year or from (date) to (date) [and (insert amount) from (date)
to (date)]]
payable [by [2] equal instalments] [in advance or in arrear]
(g)
Date[s] for payment of Rent:

(insert details of payment date or dates) [in each year of the Term]
(h)
Interest Rate:
(number)% above the base rate of (name) Bank plc
(i)
Permitted Purpose:
the trade or business of [growing arable crops or livestock breeding and rearing or dairy farming or
(specify)]5
[(j)
Milk Quota:
[(k)
The Expert:
[452]
(1)
The Landlord named in the Particulars (the Landlord)
(2)
The Tenant named in the Particulars (the Tenant)
IT IS AGREED AS FOLLOWS:
In this Agreement except where specifically defined in schedule 6 the words and phrases used have the meaning
assigned to them by the Agricultural Tenancies Act 1995 (the 1995 Act).
Letting8
The Landlord lets [with [full or limited] title guarantee] the Holding to the Tenant for the Term together with the rights
set out in schedule 2 subject to existing rights and other matters affecting the Holding during the Term and excepting
and reserving to the Landlord the rights set out in schedule 3 the Tenant paying by way of rent:
2.1
the Rent;
2.2
the Insurance Rent; and
2.3
Interest as defined in schedule 6.
[453]
Tenants agreements
The Tenant agrees with the Landlord:
3.1
Rent
To pay the Rent and the Insurance Rent on the days and in the manner required by this Agreement and in
default to pay Interest as defined in schedule 6.
3.2
Outgoings
To pay all rates, taxes and outgoings whatever relating to the Holding during the Term (except tax payable by
the Landlord on the rents received).
3.3
Maintenance
[3.3.1
3.3.2
3.3.3
3.3.4
To keep the farmhouse, cottages, buildings and fixed equipment on the Holding in no worse state of
repair, order and condition than that in which they are at the date of this Agreement as evidenced by
the attached schedule of condition9.]
To keep all ditches and drains clean and free from obstructions.
To keep all fences, hedges and gates in proper stockproof condition.
Not to remove or alter any fence, hedge or other boundary on the Holding.
[454]
3.4
Use and management of the Holding

3.4.1
[3.4.2
3.4.3
3.4.4
3.4.5
3.4.6
3.4.7
3.4.8
Throughout the Term to use and farm the Holding or part of it for the purposes of a trade or
business10.
Throughout the Term to use and farm the Holding for agricultural purposes only 11.]
[Without prejudice to clause 3.4.2 not or Not] at any time during the Term to use the Holding other
than for the Permitted Purpose set out in the Particulars.
To farm the Holding in accordance with the rules of good husbandry as defined in the Agriculture
Act 1947 Section 11.
Not to break up or convert into arable any part of the Holding shown in schedule 1 as permanent
pasture.
Not to do or suffer to be done on the Holding anything which may be or become a nuisance or
annoyance to the Landlord or the owners or occupiers of any adjoining land and to indemnify the
Landlord against any claim by third parties in respect of any breach of this clause.
To supply a copy to the Landlord of any return or other form which the Tenant is required to make
or complete pursuant to any Enactment or as part of an application for any type of grant or subsidy.
To permit the Landlord to enter the Holding or any part on giving to the Tenant (save in the event of
an emergency) reasonable notice.
[455]
3.5
Alienation
Not to assign, sublet, part with or share possession or occupation of the Holding or any part of it 12.
3.6
IACS13
3.6.1
3.6.2
3.6.3
Not to set aside more of the Holding than the minimum required as a condition of an application for
arable area payments under the Arable Area Payments Scheme in respect of crops grown on the
Holding only and not on any other land.
Not to set aside any part of the Holding other than under the Arable Area Payments Scheme and on
a basis to be first agreed with the Landlord and not to import onto the Holding any set-aside
obligations.
In the [first or second] year of the Term not to claim the Holding as forage area for the purposes of
a claim for beef special premium, suckler cow premium or sheep annual premium and but to cooperate with the Landlord in signing and lodging (having regard to statutory time limits applicable)
all necessary documents and declarations to enable the Landlord to claim those premiums in that
year.
3.7
Alteration of buildings
Not to alter, remove or make additions to any building or other item of fixed equipment or erect any new
buildings or other item of fixed equipment or make any other improvements to the Holding without the prior
written consent of the Landlord14.
[456]
3.8
Legislation
3.8.1
3.8.2
3.8.3
3.9
Quota15
3.9.1
3.9.2
3.10
At all times immediately upon receipt of any notice, order direction or other matter whatever
affecting or likely to affect the Holding to produce it for the Landlords inspection and to permit the
Landlord to take a copy.
To comply immediately with and give sufficient effect to every notice, direction or other matter
whatever affecting or likely to affect the Holding served or made by any competent Authority.
Fully to comply with all Legal Obligations relating to the Holding and to keep the Landlord
effectively indemnified against all actions, proceedings, costs, expenses, claims and demands in
respect of any matter contravening any Legal Obligation.
To preserve the benefit of any Quota transferred to or made available to the Tenant at the
commencement of the Term as the occupier for the time being of the Holding.
On termination of the Term to transfer the benefit of the Quota or make the Quota available to the
Landlord or to any incoming occupier (as appropriate).
Yield up
3.10.1
3.10.2
On termination of this Agreement to yield up the Holding to the Landlord with vacant possession in
a state of repair and condition which is consistent with the proper performance of the Tenants
agreements in this Agreement.
Immediately before the termination of this Agreement if and to the extent required by the Landlord
to reinstate all alterations, additions or improvements made to the buildings or other fixed
equipment on the Holding at any time during the Term16.
[457]
The Landlord agrees with the Tenant:
4.1
Insurance
To insure the fixed equipment on the Holding in a sum equal to the full reinstatement value determined by the
Landlord against loss or damage by fire and all other risks that the Landlord may decide and to carry out all
works of repair or replacement necessary to make good the loss or damage provided that the loss or damage
is not due to the wilful negligence or default of the Tenant or any servant agent or licensee of the Tenant.
4.2
Quiet enjoyment
If the Tenant observes and performs the Tenants agreements and obligations in this Agreement the Tenant
may peaceably hold and enjoy the Holding during the Term without any lawful interruption or disturbance
from or by the Landlord or any person claiming through, under or in trust for the Landlord.
[458]
Forfeiture17
Without prejudice to any other rights of the Landlord if:

5.1
the whole or part of the Rent remains unpaid 21 days after becoming due (whether demanded or not); or
5.2
any of the Tenants agreements in this Agreement are not performed or observed; or
5.3
the Tenant:
5.3.1
proposes or enters into any composition or arrangement with his creditors generally or any class of
his creditors; or
5.3.2
5.3.3
being a company:
5.3.3.1

5.3.3.2 an incumbrancer takes possession or exercises or attempts to exercise any power of sale
5.3.3.3 stops payment or agrees to declare a moratorium or becomes or is deemed to be insolvent
5.3.3.4 without the prior consent in writing of the Landlord ceases or threatens to cease to carry
5.3.4
5.3.4.1 is the subject of a bankruptcy petition or bankruptcy order; or
5.3.4.2 is the subject of an application or order or appointment under the Insolvency Act 1986
5.3.4.3 is unable to pay or has no reasonable prospect of being able to pay his debts within the
meaning of the Insolvency Act 1986 Sections 267 and 26818; or
5.4
any event occurs or proceedings are taken with respect to the Tenant in any jurisdiction to which the Tenant is
subject which has an effect equivalent or similar to any of the events mentioned in clause 5.3;
then and in any of such cases the Landlord may at any time (and notwithstanding the waiver of any previous right of reentry) re-enter the Holding whereupon the Tenancy will absolutely determine but without prejudice to any right of
action of the Landlord in respect of any previous breach by the Tenant of this Agreement.
[459]
Consent to cultivation in the last year
The Landlord gives his consent to the Tenant farming and cultivating the Holding and to produce a crop in the last year
of the Tenancy [in accordance with a cropping schedule to be agreed in advance with the Landlord]19.
[7
Milk Quota20
The provisions of schedule 4 will apply to the Milk Quota which is agreed to attach to the Holding.]
Tenants fixtures and buildings
The fixtures and buildings specified in schedule 5 belong to the Tenant and may be removed by him in accordance with
the 1995 Act21.
9.1
In the event of any dispute arising under this Agreement between the parties, other than a dispute in respect of
Rent or consent for improvements or compensation, the same will be determined by the Expert named in the
Particulars who will act as an independent expert and not as an arbitrator and who will be appointed on the
joint written application of both parties or on the written application of either party having first given to the
other party not less than 4 weeks notice in writing of his intention to do so; and if such Expert shall die or be
unwilling to act then such other expert as may be appointed on the application of either party by the President
of the Royal Institution of Chartered Surveyors.
The appointment of such Expert will specify that his decision will be made following representations in
writing by the parties and the costs of the Expert will be borne as directed by the Expert and his decision will
be final and binding on all parties.
9.2
[460]
10
Nature of tenancy
The Tenancy granted by this Agreement is and is intended to be a Farm Business Tenancy 23.
11
Whole agreement
12
Notices
12.1
12.2
For the purposes of the Landlord and Tenant Act 1987 the Landlords address at which notices and
proceedings should be served is as specified at the commencement of this Agreement 24.
Notices or other documents required or authorised to be given under the 1995 Act may be sent by ordinary
first class post or recorded delivery or facsimile at the address given for the party in this Agreement or in a
manner provided for in Section 36 of the 1995 Act 25.
[13
It is certified that there is no prior agreement for tenancy to which this Agreement gives effect.]26
AS WITNESS etc
[461]
SCHEDULE 1
The Holding
(give full details of the property under eg the headings set out below)
[Ordnance Survey or
Hectares Description
SCHEDULE 2
[1
attached plan.]
SCHEDULE 3
(insert details: see eg the rights set out in Form 4 [421] ante)28
[462]
SCHEDULE 4
Milk Quota29
[Option 1:
The provisions of this schedule apply to the Milk Quota set out in the Particulars:
1
The Milk Quota will be transferred by the Landlord to the Tenant following the change of occupation of the
Holding caused by this Agreement.
2
The Tenant will do everything necessary to maintain the Milk Quota and not by any act or omission do
anything or allow anything to be done which will result in the Milk Quota lapsing or reducing during the
Term or otherwise becoming unavailable to the Landlord on termination of the Term.
3
The Tenant on quitting the Holding will immediately transfer the Milk Quota to the Landlord or to
whomsoever he nominates without charge or payment.
4
The obligation under this schedule will not apply in so far as the Milk Quota has been subject to permanent
reduction made by any Authority and following termination of the Term any compensation payable for
reductions in the Milk Quota will be due to the Landlord.
[463]
or Option 2:
1
2
3
No milk quota will be transferred by the Landlord to the Tenant following the change of occupation of the
Both parties will co-operate with each other in the signing and lodging of any necessary documents so as to
ensure so far as is lawfully possible that there will be no transfer of milk quota between the parties brought
about by this Agreement.
If notwithstanding this Agreement any milk quota is transferred from the Landlord to the Tenant, the Tenant
will pay to the Landlord a sum representing the loss suffered by the Landlord including all costs of acquiring
replacement milk quota and any other losses incurred by him.]
SCHEDULE 5
Tenants Fixtures and Buildings30
(give details)
[464]
SCHEDULE 6
1
Definitions
1.1
1.2
Arable Area Payments Scheme means the general Arable Area Payments Scheme set down under the
Arable Area Payments Regulations [1995]31.
1.3
1.4
Enactment means:
1.4.1
1.4.2
any European Community Legislation or decree having effect of law in the United Kingdom.
1.5
Holding means the land (including all buildings and fixed equipment on the land) set out in the Particulars
as more fully described in schedule 1.
1.6
IACS means the Integrated Administration and Control System set down in the Integrated Administration
1.7
Insurance Rent means the amount paid by the Landlord (including any excess sums) from time to time
during the Term in discharging premiums and other outgoings for fire insurance and other risks or insurances
contained or referred to in any policy effected by the Landlord in respect of the Holding, payable upon
production by the Landlord to the Tenant of the receipt for the premium or premiums due.
[465]
1.8
Interest means interest at the Interest Rate on any sums due from the Tenant to the Landlord not paid
within 7 days of falling due for the period from the due date to the date of actual payment.
1.9
Interest Rate means the percentage rate above the base lending rate from time to time of the bank specified
in the Particulars or such other bank being a member of the Committee of London and Scottish Bankers as
the Landlord may from time to time nominate or if that base lending rate cannot be ascertained then such
alternative rate as the Landlord may reasonably specify; and where and whenever interest is payable at or by
reference to the Interest Rate it will be calculated on a daily basis.
1.10
relates to the Holding or its use.
1.11
Milk Quota means the milk quota set out in the Particulars.
1.12
1.13
scheme for the production or marketing of agricultural produce or otherwise or any right of or restriction on
(other than Milk Quota) which is now or at any time in the future may be allocated, transferred or made
available to the Tenant in respect of the Holding.
1.14
Rent means the sums of rent set out in the Particulars payable by the instalments set out in the Particulars.
1.15
Tenancy means the tenancy granted by this Agreement.
1.16
Term means the term of the Tenancy which commences on the date set out in the Particulars (from which
date the Tenant is entitled to possession of the Holding) and expires on the date set out in the Particulars.
1.17
[466]
VAT means Value Added Tax and includes any future tax of a like nature.
Interpretation

2.1
2.2
2.3
2.4
words importing persons include firms, companies and corporations and vice versa;
Agreement;
that schedule;
done;
any sum payable by one party to the other will be exclusive of VAT which will where it is chargeable be paid
in addition to the sum in question at the time when the sum in question is due to be paid;
any reference to an Enactment includes the reference to that Enactment as amended or replaced from time to
time and to any subordinate legislation or bye-law made under that Enactment.
2.5
2.6
2.7
2.8
2.9
2.10
2.11

(signature of tenant: counterpart)33
[467]
1
2
3
4
5
7
8
[461] and note 26 below.
Note that for the purposes of the Agricultural Tenancies Act 1995 (1 Halsburys Statutes (4th Edn) AGRICULTURE) the tenancy
begins on the day on which, under the terms of the tenancy, the tenant is entitled to possession: see ibid s 38(4) and Paragraph 2
[3] ante.
If using this precedent, the term should be for a fixed period of two years or less. It should not start before the date on which the
agreements are completed, but may be expressed to start at a later date.
The permitted purpose or purposes should be specified. It is advisable for the parties to exchange notices under the Agricultural
Tenancies Act 1995 s 1(4) before the tenancy begins in all cases where any non-agricultural use is proposed. If the agreement
contains a strictly drawn user covenant where the term is for two years or less the draftsman might take the view that notices
need not be exchanged under the Agricultural Tenancies Act 1995 s 1(4) on the grounds, first that the user covenant, coupled
with ibid s 1(8), ensures compliance with the agriculture condition and secondly that in an agreement of this length there is less
risk of consent or acquiescence to any breach, but the risk should be made clear to a landlord: see Paragraph 158 [208] ante.
If there is no milk quota attaching to the holding, the description in the Particulars at [452], schedule 4 [463] and the definition in
schedule 6 paragraph 1.11 [466] should be deleted. As to milk quota generally see vol 2(2) (1998 Reissue) AGRICULTURE
Paragraph 17 [38] et seq .
excepted and reserved to the landlord are to be set out in schedule 3 [462]. In this agreement, the tenant is liable to pay the rent,
to reimburse the landlord for insurance premiums paid by the landlord insuring the holding and to pay interest on all sums paid
late by the tenant. A lease or tenancy agreement may be expressed to be made with a full or limited title guarantee, if the landlord
is willing to do so; as to the covenants for title implied by including these words see the Law of Property (Miscellaneous
Provisions) Act 1994 (37 Halsburys Statutes (4th Edn) REAL PROPERTY), vol 25(1) (1995 Reissue) LAND REGISTRATION
Paragraph 121 [2181] et seq and vol 35 (1997 Reissue) SALE OF LAND Paragraph 474 [599]. If a title guarantee is to be given,
the title should be fully investigated : see Paragraph 159 [209] ante.
[468]
9
10
11
12
If there are any buildings on the holding then consider including the simple agreement regarding their repair and maintenance set
out in clause 3.3.1 [454] which may be appropriate for a short term tenancy. As to repairing covenants generally see vols 22(1) (3) (1996-1997 Reissue) LANDLORD AND TENANT (Business Tenancies).
Under the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE), the Agriculture (Maintenance,
Repair and Insurance of Fixed Equipment) Regulations 1973/1473 as amended (the so called model clauses) were deemed to
be incorporated into every tenancy of an agricultural holding except as specifically provided otherwise: see Paragraph 321
[2062] and Form 102 [3051] post. There is no comparable provision under the Agricultural Tenancies Act 1995.
Note that it is important to include the agreement set out in clause 3.4.1 [455] to ensure, so far as possible, continuing
compliance with the business conditions. Any use in contravention of this clause can be disregarded under the Agricultural
Tenancies Act 1995 s 1(8) when determining whether or not there has been compliance, unless there has been consent or
acquiescence on the part of the landlord to the breach: see Paragraph 13 [17] ante.
Where a non-agricultural use is included as one of the permitted purposes, clause 3.4.2 [455] and the first alternative in clause
3.4.3 should be deleted and the parties should exchange notices under the Agricultural Tenancies Act 1995 s 1(4). Note ibid s
1(4)(b) in particular: see Paragraph 24 [29] ante.
This clause has been very restrictively drawn to prohibit not merely assignment and underletting but also sharing possession and
occupation of the holding. This is to prevent a tenant entering into partnership with a third party, possibly on terms where the
13
Where the holding is registered as eligible under IACS (as defined in schedule 6 paragraph 1.6 [465]), consider whether the
landlord wishes to restrict the tenants ability to set land aside under the Arable Area Payments Scheme (see schedule 6
paragraph 1.2 [465]). Clause 3.6.1 [456] is intended to stop the tenant from dumping on the holding set-aside, which relates to
crops grown on other land. This may be appropriate particularly if the tenant sets aside on a rotational basis.
the tenant to claim the holding as his forage area in a relevant year.
[469]
14
15
16
17
18
Note that deletion of the agreement contained in clause 3.7 [456] or the giving of consent by the landlord to alterations or other
improvements could result in the tenant being entitled to compensation for improvements on termination of the tenancy: see
Paragraph 94 [105] ante. Inclusion of this clause, however, will not prevent the tenant from claiming such compensation in
respect of other matters outside the scope of this restriction. Neither will its inclusion prevent the tenant from applying to an
arbitrator under the Agricultural Tenancies Act 1995 s 19 for consent to an improvement: see Paragraph 95 [106] ante and note
16 below.
Note that Quota is defined in schedule 6 paragraph 1.13 [466] to exclude milk quota, which is dealt with separately under
clause 7 [460].
for improvements.
Note, however, that there is a risk that this clause could fall foul of the Agricultural Tenancies Act 1995 s 26(1), as an
attempt to avoid the compensation provisions of that Act and could therefore be held to be unenforceable.
As to the law of forfeiture generally see vols 22(1) (1996 Reissue) LANDLORD AND TENANT (Business Tenancies).. There is no
requirement for a notice period of at least one month for the clause to be valid as under the Agricultural Holdings Act 1986: see
Parry v Million Pigs Ltd (1980) 260 Estates Gazette 281.
[470]
19
20
21
22
23
24
For the tenant to be entitled to compensation in respect of routine improvements made in the normal course of farming and
therefore including many (though not all) traditional tenant right matters, the landlord must give his consent in writing: see
Paragraph 98 [110] ante. If the landlord refuses consent, the tenant can apply to an arbitrator for consent even after he has begun
the improvement. Consent is set out in clause 6 [460]. Note however that the definition of routine improvements does not cover
all the tenant right matters for which the tenant was entitled to receive compensation under the Agricultural Holdings Act 1986
Sch 8 Pt II: see Paragraph 434 [2446] et seq post. If the landlord wishes to agree to pay for such additional matters specific
provisions should be added. The parties should be aware of the fact that husbandry obligations may imply consent to carry out
the routine improvements necessary to comply with such obligations.
As to milk quota generally see vol 2(2) (1998 Reissue) AGRICULTURE Paragraph 17 [38] et seq. Schedule 4 [463] includes
alternative provisions in the event either that the parties agree no milk quota will be transferred to the tenant on the grant of the
tenancy or that the quota attaching to the holding will be transferred to the tenant for the duration of the tenancy. These are only
suggested provisions and must be tailored to the circumstances. When acting for a tenant who holds his own quota, consider any
protection needed should that quota become attached to the holding and transferred to the landlord at the end of the tenancy.
As to tenants fixtures see Paragraph 41 [51] et seq ante; details are to be set out in schedule 5 [464].
Clause 9 [460] is intended to take advantage of the limited opportunity for the parties to agree to the appointment of their own
expert or arbitrator for resolution of disputes provided by the Agricultural Tenancies Act 1995 s 29(1)(a) (see Paragraph 123
[144] ante). Note however that either party has the ability to refer the matter back to an arbitrator appointed under ibid s 28 if he
so chooses.
Clause 12.1 [461] is required where dwellings are included in the tenancy.
[471]
25
26
27
28
29
30
Any notices exchanged by the parties in order to comply with the notice conditions set out in the Agricultural Tenancies Act
1995 s 1(4), should be served strictly in accordance with ibid s 36, unless before service of those notices, the parties enter into a
written agreement under ibid s 36(2)(c) specifying an alternative method of service. Once the initial notice condition notices
have been exchanged and the tenancy agreement has been signed and dated, all further notices can be served under the extended
provisions agreed between the parties as set out in clause 12.2 [461]: see Paragraph 158 [208] ante.
Stamp Duties).
et seq.
A suggested schedule of exceptions and reservations is set out in Form 4 [421] ante, but see also vol 13(1) EASEMENTS AND
As to milk quota see note 6 above.
As to tenants fixtures see clause 8 [460] and note 21 above.
31
32
33
Arable Area Payments Regulations 1995/1738 as amended.
and the Law of Property (Miscellaneous Provisions) Act 1989 s 2(5)(a) (37 Halsburys Statutes (4th Edn) REAL PROPERTY).
[472][500]
6
Farm business tenancy (grazing)1
PARTICULARS
(a)
Date:
(insert date)2
(b)
The Landlord:
(c)
The Tenant:
(d)
The Holding:
in schedule 13
(e)
The Term:
[a term of (number) [months or years] starting on (date) or
a term starting on (date) and expiring on (date)]4
[501]
(f)
Rent:
(insert amount) [for the Term or from (date) to (date) [and (insert amount) from (date) to (date)]]
payable [by [2] equal instalments] [in advance or in arrear]
(g)
Date[s] for payment of Rent:

(insert details of payment date or dates) [in each year of the Term]
(h)
Permitted Purpose:
the trade or business of grazing [sheep or cattle] owned by the Tenant [and for mowing] [and to use
the buildings on the Holding for sheltering such [sheep or cattle] and for other purposes ancillary to
such grazing [or mowing]]5
[(i)
Milk Quota:
[(j)
The Expert:
[502]
(1)
(2)
In this Agreement except where specifically defined in schedule 5 the words and phrases used have the meaning
assigned to them by the Agricultural Tenancies Act 1995 (the 1995 Act).
Letting8
The Landlord lets [with [full or limited] title guarantee] the Holding to the Tenant at the Rent for the Term TOGETHER
with the rights set out in schedule 2 SUBJECT to existing rights and other matters affecting the Holding during the
Term and EXCEPTING AND RESERVING to the Landlord the rights set out in schedule 3.
[503]
Tenants agreements
3.1
Rent
To pay the Rent on the days and in the manner required by this Agreement.
3.2
Outgoings
To pay all rates, taxes and outgoings whatever relating to the Holding during the Term (except tax payable by
the Landlord on the rents received).
3.3
Maintenance
[3.3.1
3.3.2
3.3.3
To keep the buildings and fixed equipment on the Holding in no worse state of repair, order and
condition than that in which they are at the date of this Agreement as evidenced in the attached
schedule of condition9.]
To keep all fences, hedges and gates in proper stockproof condition so as to prevent his stock from
straying or being injured and to indemnify the Landlord against all costs, claims or demands made
by the owners or occupiers of any adjoining land or any other persons for damages or other money
arising from the escape from the Holding of all or any of the stock placed upon the Holding by the
Tenant.
Not to remove or alter any fence, hedge or other boundary on the Holding.
[504]
3.4

3.4.1
3.4.2
3.4.3
3.4.4
3.4.5
3.5
Throughout the Term to use and farm the Holding or any part of it for the purposes of a trade or
business10.
Not at any time during the Term to use the Holding other than for the Permitted Purpose set out in
the Particulars.
Landlord against any claim by third parties in respect of any breach of this clause.
To supply a copy to the Landlord of any return or other form which the Tenant is required to make
or complete pursuant to any Enactment or as part of an application for any type of grant or subsidy.
To permit the Landlord to enter the Holding or any part on giving to the Tenant reasonable notice
(save in the event of an emergency).
Alienation
[3.6
IACS
In the [first or second] year of the Term not to claim the Holding as forage area for the purposes of a claim
for beef special premium, suckler cow premium or sheep annual premium but to co-operate with the
Landlord in signing and lodging (having regard to the statutory time limits applicable) all necessary
documents and declarations to enable the Landlord to claim those premiums in that year 12.]
[505]
3.7
buildings or other item of fixed equipment or make any other improvements to the Holding without the prior
written consent of the Landlord13.
3.8
Legislation
3.8.1
3.8.2
3.8.3
3.9
At all times immediately upon receipt of any notice, order, direction or other matter whatever
affecting or likely to affect the Holding to produce it for the Landlords inspection and to permit the
whatever affecting or likely to affect the Holding served or made by any competent Authority.
Yield up
3.9.1
3.9.2
On termination of this Agreement to yield up the Holding to the Landlord with vacant possession in
a state of repair and condition which is consistent with the proper performance of the Tenants
agreements in this Agreement.
Immediately before the termination of this Agreement if and to the extent required by the Landlord
to reinstate all alterations, additions or improvements made to the buildings or other fixed
equipment on the Holding at any time during the Term14.
[506]
The Landlord agrees with the Tenant that if the Tenant observes and performs the Tenants agreements and obligations
in this Agreement the Tenant may peaceably hold and enjoy the Holding during the Term without any lawful
interruption or disturbance from or by the Landlord or any person claiming through, under or in trust for the Landlord.
[507]
Forfeiture15

5.1
5.2
5.3
the Tenant:
5.3.1
proposes or enters into any composition or arrangement with his creditors generally or any class of
his creditors; or
5.3.2
5.3.3
being a company:
5.3.3.1 is the subject of a petition presented or an order made or a resolution passed or analogous
5.3.3.2 an incumbrancer takes possession or exercises or attempts to exercise any power of sale
5.3.3.3 stops payment or agrees to declare a moratorium or becomes or is deemed to be insolvent
5.3.3.4 without the prior Consent in writing of the Landlord ceases or threatens to cease to carry
5.3.4
5.3.4.2 is the subject of an application or order or appointment under the Insolvency Act 1986
5.3.4.3 is unable to pay or has no reasonable prospect of being able to pay his debts within the
meaning of the Insolvency Act 1986 Sections 267 and 26816;
5.4
subject which has an effect equivalent or similar to any of the events mentioned in clause 5.3;
then and in any of such cases the Landlord may at any time (and notwithstanding the waiver of any previous right of reentry) re-enter the Holding whereupon the tenancy granted by this Agreement will absolutely determine but without
prejudice to any right of action of the Landlord in respect of any previous breach by the Tenant of this Agreement.
[508]
[6
Milk Quota17
The provisions of schedule 4 will apply to the Milk Quota which is agreed to attach to the Holding.]
7.1
7.2
In the event of any dispute arising under this Agreement between the parties other than a dispute in respect of
Rent or Consent for improvements or compensation the same will be determined by the Expert named in the
Particulars who is to act as an independent expert and not as an arbitrator and who is to be appointed on the
joint written application of both parties or on the written application of either party having first given to the
other party not less than 4 weeks notice in writing of his intention to do so; and if such Expert shall die or be
unwilling to act then such other expert as may be appointed on the application of either party by the President
of the Royal Institution of Chartered Surveyors.
The appointment of such Expert is to specify that his decision will be made following representations in
Nature of tenancy
The tenancy granted by this Agreement is and is intended to be a Farm Business Tenancy 19.
Whole agreement
[10
AS WITNESS etc
[509]
SCHEDULE 1
The Holding
[Ordnance Survey or
SCHEDULE 2
[1
attached plan.]
SCHEDULE 3
[510]
[SCHEDULE 4
Milk Quota23
[Option 1:
The provisions of this schedule apply to the Milk Quota set out in the Particulars:
1
The Milk Quota will be transferred by the Landlord to the Tenant following the change of occupation of the
2
The Tenant will do everything necessary to maintain the Milk Quota and not by any act or omission do
anything or allow anything to be done which will result in the Milk Quota lapsing or reducing during the
Term or otherwise becoming unavailable to the Landlord on termination of the Term.
3
The Tenant on quitting the Holding will immediately transfer the Milk Quota to the Landlord or to
whomsoever he nominates without charge or payment.
4
The obligation under this schedule will not apply in so far as the Milk Quota has been subject to permanent
reduction made by any Authority and following termination of the Term any compensation payable for
reductions in the Milk Quota will be due to the Landlord.
[511]
or Option 2:
1
2
3
No milk quota will be transferred by the Landlord to the Tenant following the change of occupation of the
Both parties will co-operate with each other in the signing and lodging of any necessary documents so as to
ensure so far as is lawfully possible that there will be no transfer of milk quota between the parties brought
about by this Agreement.
If notwithstanding this Agreement any milk quota is transferred from the Landlord to the Tenant, the Tenant
will pay to the Landlord a sum representing the loss suffered by the Landlord including all costs of acquiring
replacement milk quota and any other losses incurred by him.]]
[512]
SCHEDULE 5
1
Definitions
1.1
1.2
1.3
Enactment means:
1.3.1
1.3.2
1.4
1.5
IACS means the Integrated Administration and Control System set down in the Integrated Administration
1.6
[1.7
Milk Quota means the milk quota set out in the Particulars].
1.8
1.9
1.10
Term means the term of the tenancy granted by this Agreement which commences on the date set out in the
Particulars (from which date the Tenant is entitled to possession of the Holding) and expires on the date set
out in the Particulars.
[513]
Interpretation

2.1
2.2
2.3
2.4
Agreement;
2.5
that schedule;
2.6
2.7
2.8
done;
2.9
2.10
any sum payable by one party to the other will be exclusive of Value Added Tax which will where it is
chargeable be paid in addition to the sum in question at the time when the sum in question is due to be paid;
time and to any subordinate legislation or byelaw made under that Enactment.
2.11

[514]
1
2
3
4
5
7
8
Note that for the purposes of the Agricultural Tenancies Act 1995 (1 Halsburys Statutes (4th Edn) AGRICULTURE) the tenancy
begins on the day on which, under the terms of the tenancy, the tenant is entitled to possession: see ibid s 38(4) and Paragraph 2
[3] ante.
If using this precedent, the term should be for a fixed period of two years or less. It should not commence before the date on
which the agreement is completed, but may be expressed to start at a later date.
The permitted purpose is restricted in this agreement to grazing and mowing. If other or additional purposes are intended then
Form 5 [451] ante should be used. Unlike similar tenancies granted under the Agricultural Holdings Act 1986 (1 Halsburys
Statutes (4th Edn) AGRICULTURE), there is no problem with including buildings within this tenancy. It is important, however,
that any proposed or potential use of the buildings is consistent with the user covenant and is suitable for uses which will be
ancillary to the grazing of the stock. If the agreement contains a strictly drawn user covenant where the term is for two years or
less the draftsman might take the view that notices need not be exchanged under the Agricultural Tenancies Act 1995 s 1(4) on
the grounds, first that the user covenant, coupled with ibid s 1(8), ensures compliance with the agriculture condition and
secondly that in an agreement of this length there is less risk of consent or acquiescence to any breach, but the risk should be
made clear to a landlord: see Paragraph 158 [208] ante.
If there is no milk quota attaching to the holding, the description in the Particulars at [502], schedule 4 [511] and the definition in
schedule 5 paragraph 1.7 [513] should be deleted. As to milk quota generally see vol 2(2) (1998 Reissue) AGRICULTURE
Paragraph 17 [38] et seq .
excepted and reserved to the landlord are to be set out in schedule 3 [510]. A lease or tenancy agreement may be expressed to be
made with a full or limited title guarantee, if the landlord is willing to do so; as to the covenants for title implied by including
these words see the Law of Property (Miscellaneous Provisions) Act 1994 (37 Halsburys Statutes (4th Edn) REAL PROPERTY),
vol 25(1) (1995 Reissue) LAND REGISTRATION Paragraph 121 [2181] et seq and vol 35 (1997 Reissue) SALE OF LAND
Paragraph 474 [599]. If a title guarantee is to be given, the title should be fully investigated : see Paragraph 159 [209] ante.
[515]
9
10
11
12
out in clause 3.3.1 [504]. As to repairing covenants generally see vols 22(1) - (3) (1996-1997 Reissue) LANDLORD AND
TENANT (Business Tenancies).
Under the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE), the Agriculture (Maintenance,
Repair and Insurance of Fixed Equipment) Regulations 1973/1473 as amended (the so called model clauses) were deemed to
be incorporated into every tenancy of an agricultural holding except as specifically provided otherwise: see Paragraph 321
[2062] and Form 102 [3051] post. There is no comparable provision under the Agricultural Tenancies Act 1995.
Note that it is important to include the agreement set out in clause 3.4.1 [505] to ensure, so far as possible, continuing
compliance with the business conditions. Any use in contravention of this clause can be disregarded under the Agricultural
Tenancies Act 1995 s 1(8) when determining whether or not there has been compliance, unless there has been consent or
acquiescence on the part of the landlord to the breach: see Paragraph 13 [17] ante.
the tenant to claim the holding as his forage area in any relevant year.
[516]
13
14
Note that deletion of the agreement contained in clause 3.7 [506] or the giving of consent by the landlord to alterations or other
improvements could result in the tenant being entitled to compensation for improvements on termination of the tenancy: see
Paragraph 94 [105] ante. Inclusion of this clause, however, will not prevent the tenant from claiming such compensation in
respect of other matters outside the scope of this restriction. Neither will its inclusion prevent the tenant from applying to an
arbitrator under the Agricultural Tenancies Act 1995 s 19 for consent to an improvement: see Paragraph 95 [106] ante and note
14 below.
15
for improvements.
Note, however, that there is a risk that this clause could fall foul of the Agricultural Tenancies Act 1995 s 26(1), as an
attempt to avoid the compensation provisions of that Act and could therefore be held to be unenforceable.
As to the law of forfeiture generally see vol 22(1) (1996 Reissue) LANDLORD AND TENANT (Business Tenancies). There is no
requirement for a notice period of at least one month for the clause to be valid as under the Agricultural Holdings Act 1986: see
Parry v Million Pigs Ltd (1980) 260 Estates Gazette 281.
[517]
16
17
18
19
20
21
22
23
24
25
As to milk quota generally see vol 2(2) (1998 Reissue) AGRICULTURE Paragraph 17 [38] et seq . Schedule 4 [511] includes
alternative provisions in the event either that the parties agree no milk quota will be transferred to the tenant on the grant of the
tenancy or that the quota attaching to the holding will be transferred to the tenant for the duration of the tenancy. These are only
suggested provisions and must be tailored to the circumstances. When acting for a tenant who holds his own quota, consider any
protection needed should that quota become attached to the holding and transferred to the landlord at the end of the tenancy.
Clause 7 [509] is intended to take advantage of the limited opportunity for the parties to agree to the appointment of their own
expert or arbitrator for resolution of disputes provided by the Agricultural Tenancies Act 1995 s 29(1)(a) (see Paragraph 123
[144] ante). Note however that either party has the ability to refer the matter back to an arbitrator appointed under ibid s 28 if he
so chooses.
Stamp Duties).
et seq.
A suggested schedule of exceptions and reservations is set out in Form 4 [421] ante, but see also vol 13(1) EASEMENTS AND
As to milk quota see notes 6, 17 above.
DECLARATIONS.
[518][600]
C: AGREEMENTS THAT ARE NOT TO BE FARM BUSINESS TENANCIES

7
Grazing licence1
PARTICULARS
(a)
Date:
(insert date)
(b)
Licensor:
(c)
Licensee:
(d)
The Premises:
in schedule 12
(e)
Licence Period:
the period starting on (date) and expiring on (date)3
(f)
Licence Fee:
(insert amount) payable [by [2] equal instalments of (insert amount)] on (insert date or dates)
(g)
Rights:
The [right to keep [sheep4] on the Premises for grazing purpose only] [and the] [right to mow the
Premises [once or twice] during the Licence Period and to take away the grass]
[(h)
Maximum head of livestock:

(insert number)]
[601]
THIS LICENCE is made on the Date set out in the Particulars BETWEEN:
(1)
The Licensor named in the Particulars (the Licensor)
(2)
The Licensee named in the Particulars (the Licensee)
In this Licence the words and phrases have the meanings set out in schedule 3.
The Rights
The Licensor grants the Licensee the Rights for the Licence Period in accordance with the terms of this Agreement.
Licence5
3.1
The Licensor permits the Licensee to enter onto the Premises to the extent necessary to exercise the Rights
and for no other purposes during the Licence Period on the terms set out in this Licence.
For the avoidance of doubt full occupation and possession of the Premises remains with the Licensor subject
only to the Rights granted by this Licence to the Licensee.
3.2
[602]
Licensees agreements6
The Licensee agrees with the Licensor:

4.1
To pay to the Licensor the Licence Fee.
4.2
To exercise the Rights in such manner as not to do or cause or permit to be done any act or thing on or near
the Premises which may be or become a nuisance or inconvenience or cause damage or annoyance to the
Licensor or to any third party sharing occupation of the Premises with the Licensee or which may infringe
any Legislation.
4.3
To use the Premises for the exercise of the Rights and for no other purpose whatsoever.
4.4
To indemnify and keep the Licensor indemnified from and against all actions, proceedings, costs, claims and
demands by third parties in respect of any damage or liability caused by or arising from the exercise by the
Licensee of the Rights.
4.5
To comply fully with Legislation so far as the same relates to the exercise of the Rights and the Licensees
use of the Premises and to keep the Licensor effectively indemnified against all actions, proceedings, costs,
expenses, claims and demands in respect of any matter contravening the provisions of such Legislation.
4.6
To comply with any other restrictions which the Licensor may reasonably dictate during the Licence Period.
4.7
To comply with the provisions affecting the Rights as set out in schedule 2.
4.8
On termination of this Agreement immediately to remove the Licensees stock from the Premises.
[603]
Termination
The Rights and this Licence will terminate immediately on the happening at any time of any of the following events:
5.1
The Licensee goes into liquidation (other than a members voluntary liquidation for the purposes of
reconstruction or amalgamation of a solvent company where the reconstructed or amalgamated company
assumes the obligations of the liquidated company).
5.2
An administration order is made against the Licensee.
5.3
A receiver or manager is appointed in respect of the Licensees affairs or the whole or any part of his property
or undertaking.
5.4
The Licensee (if an individual) dies or becomes incapable by reason of mental or physical illness of
discharging his obligations under this Agreement or becomes the subject of a bankruptcy petition or
bankruptcy order or (if a company of partnership or other body) ceases to exist.
5.5
5.6
5.7
The Licensee enters into any arrangement or composition with creditors (including for the avoidance of doubt
any voluntary arrangement within the meaning of the Insolvency Act 1986 Part I or Part VIII 7).
The interest of the Licensee under this Licence is taken in execution.
The Licensee commits any grave breach or persistent breaches of this Licence and the Licensor having given
written notice to the Licensee of such breach or breaches the Licensee fails within such period as the Licensor
may specify to rectify such breach or breaches (if capable of rectification).
Personal Licence
The Rights and this Licence are personal to the Licensee and will not be capable of being assigned or otherwise dealt
with.
Fitness of the Premises
By entering into this Licence the Licensor does not undertake that the Premises are or will become or remain fit for the
purposes set out in the Particulars.
AS WITNESS etc
[604]
SCHEDULE 1
The Premises
[Ordnance Survey or
SCHEDULE 2
Provisions affecting the Rights8
The Licensee agrees:
1
Not to bring onto the Premises any diseased animal.
2
Not to bring onto the Premises more than the maximum number head of livestock as stipulated in the
Particulars at any one time.
3
Not to destroy or damage any trees, hedges or fences on the Premises and to ensure that no such damage is
caused by the Licensees stock.
4
Not to allow the Premises to become poached by treading during wet weather conditions and if the Licensor
certifies that any damage is being caused then upon demand immediately to remove the stock.
5
Not to bring, cause or permit to be done or brought any object, matter or thing upon the Premises by which
any policy of insurance of the Licensor would or might be prejudicially affected.
6
On termination of this Agreement immediately to remove the Licensees stock from the Premises.
[605]
SCHEDULE 3
Definitions and Interpretation
1
Definitions
1.1
Legislation means all European or UK Statutes or Statutory Instruments and any Orders, Regulations,
Directories and Codes of Practice for the time being in force issued by any competent Authority in respect of
the Premises and the use of it.
1.2
Licence Fee means the licence fee set out in the Particulars payable as set out in the Particulars.
1.3
Licence Period means the licence period set out in the Particulars.
1.4
1.5
Premises means the land (including all buildings and fixed equipment on the land) set out in the Particulars,
1.6
Rights means the rights granted as set out in the Particulars subject to the provisions of schedule 2.
Interpretation
In this Licence unless the context otherwise requires:

2.1
2.2
any sum payable by one party to the other will be exclusive of Value Added Tax which will where it is
2.3
any reference to a Statute includes the reference to that Statute as amended or replaced from time to time and
to any subordinate legislation or byelaw made under that Statute.
(signatures of the licensor and the licensee)
[606]
1
2
3
4
5
6
7
8
No stamp duty see Information Binder: Stamp Duties [1] (Licence).

The premises should be fully described and a plan is desirable, with details set out in schedule 1 [605].
If a periodic licence is preferred this definition should be amended but the draftsman should note that the parties will then be
able to terminate the agreement on giving the appropriate period of notice applicable to licences under the common law.
The type of animals which will graze the premises should be included in the definition of the Rights. The appropriate options
set out in this paragraph of the Particulars should be selected and added to as necessary.
Clause 3 [602] makes it clear that the Licensees occupation is to be non-exclusive and it is important that this occurs in practice.
If, as a matter of fact, the Licensee is to enjoy exclusive use of the premises then he should be granted a tenancy rather than a
licence. For a form of grazing tenancy agreement see Form 6 [501] ante.
All obligations and matters affecting the Rights are set out in clause 4 [603] and schedule 2 [605].
See notes 4, 6 above.
[607][620]
8
Grazing tenancy for horses (non-business use)1
PARTICULARS
(a)
Date:
(insert date)
(b)
The Landlord:
(c)
The Tenant:
(d)
The Holding:
the land and buildings at (describe the property) extending to approximately (number) hectares
shown [for identification purposes only] edged [red] on the attached plan and [more particularly]
described in schedule 12
(e)
The Term:
[a term of (number) [months or years] starting on (date) or
a term starting on (date) and expiring on (date) or
a term from [month to month or quarter to quarter or year to year] starting on (date)]
[621]
(f)
Rent:
(insert amount) [for the Term or per calendar month or per annum]
payable [by [2] equal instalments] [in advance or in arrear] on (insert details of payment date or
dates) [in each year of the Term]
(g)
Permitted Purpose:
The right to graze for the Tenants own use and enjoyment no more than (number) of the Tenants
horses or ponies on the Holding [and to use the buildings on the Holding only for [stabling and for]
purposes ancillary to the exercise of such right] and to the exclusion of any business use3
[(h)
The Expert:
(name) of (address) and if the Expert shall die or be unwilling to act then such other expert as may
be appointed on the application of either party by the President of the Royal Institution of Chartered
Surveyors]
[622]
THIS AGREEMENT is made on the Date set out in the Particulars BETWEEN:
(1)
(2)
In this Agreement words and phrases used have the meaning assigned to them in schedule 4.
Letting
The Landlord lets [with [full or limited] title guarantee4] the Holding to the Tenant at the Rent for the Term
[TOGETHER WITH the rights set out in schedule 2] SUBJECT TO existing rights and other matters affecting the
Holding during the Term [and EXCEPTING AND RESERVING to the Landlord the rights set out in schedule 3].
[623]
Tenants Agreements
3.1
Rent
To pay the Rent on the days and in the manner required by this Agreement.
3.2
Outgoings
To pay all rates, taxes and outgoings whatever relating to the Holding during the Term.
3.3
Maintenance
[3.3.1
3.3.2
3.3.3
3.3.4
To keep the buildings and fixed equipment on the Holding in their current state of repair and
condition [as evidenced by the attached [photographic] schedule of condition]5.]
To keep all fences, hedges and gates in proper stockproof condition so as to prevent his horses or
ponies from straying or being injured and to indemnify the Landlord against all costs, claims or
demands made by the owners or occupiers of any adjoining land or any other persons for damages
or other money arising from the escape from the Holding of all or any of the horses or ponies
placed upon the Holding by the Tenant.
Not to remove or alter any fence, hedge or other boundary on the Holding nor to destroy or damage
any trees, hedges or fences on the Holding and to ensure that no such damage is caused by the
Tenants horses or ponies.
To keep all ditches and drains clean and free from obstructions.
[624]
3.4

3.4.1
3.4.2
3.4.3
3.4.4
3.4.5
3.4.6
3.4.7
3.4.8
Not to use and farm the Holding or any part of it for the purposes of a trade or business.
Not at any time during the Term to use the Holding other than for the Permitted Purpose set out in
the Particulars.
Landlord against any claim caused by or arising from the Tenants occupation of the Holding.
Not to sell off or remove from the Holding any hay or straw and not to mow the permanent pasture.
To permit the Landlord to enter the Holding or any part on giving to the Tenant reasonable notice
(save in the event of an emergency).
To comply with any other restrictions which the Landlord may reasonably require.
Not to allow the Holding to become poached by treading and, if the Landlord gives the Tenant
written notice that any such damage is in the Landlords opinion being caused, immediately to
remove his horses or ponies from the Holding.
Not to bring cause or permit to be done or brought any object or matter or thing upon the Holding
by which any policy of insurance of the Landlord might be prejudiced.
3.5
Alienation
[625]
3.6
buildings or other item of fixed equipment or make any other improvements to the Holding.
3.7
Legislation
3.7.1
3.7.2
3.7.3
3.8
affecting or likely to affect the Holding to produce for the Landlords inspection and to permit the
whatever affecting or likely to affect the Holding served or made by any Authority.
Yield Up
On termination of this Agreement to yield up the Holding to the Landlord with vacant possession in a stqte of
repair and condition which is consistent with the proper performance of the Tenants agreements in this
Agreement.
[626]
The Landlord agrees with the Tenant that if the Tenant observes and performs the Tenants agreements and obligations
in this Agreement the Tenant may peaceably hold and enjoy the Holding during the Term without any lawful
interruption or disturbance from or by the Landlord or any person claiming through, under or in trust for the Landlord.
Mutual agreements
5.1
Forfeiture7

5.1.1
5.1.2
5.1.3
the Tenant:
5.1.3.1 proposes or enters into any composition or arrangement with his creditors generally or any class of
his creditors; or
5.1.3.2 is the subject of any judgment or order made against him which is not complied with within 7 days
[627]
5.1.3.3 being a company:
5.1.3.3.1 is the subject of a petition presented or an order made or a resolution passed or analogous
5.1.3.3.2 an incumbrancer takes possession or exercises or attempts to exercise any power of sale
5.1.3.3.3 stops payment or agrees to declare a moratorium or becomes or is deemed to be insolvent
5.1.3.3.4 without the prior consent in writing of the Landlord ceases or threatens to cease to carry
5.1.3.4 being an individual:
5.1.3.4.1 is the subject of a bankruptcy petition or bankruptcy order; or
5.1.3.4.2 is the subject of an application or order or appointment under the Insolvency Act 1986
5.1.3.4.3 is unable to pay or has no reasonable prospect of being able to pay his debts within the
meaning of the Insolvency Act 1986 Sections 267 and 2688;
5.1.4
any event occurs or proceedings are taken with respect to the Tenant in any jurisdiction to which it is subject
which has an effect equivalent or similar to any of the events mentioned in clause 5.1.3;
then and in any of such cases the Landlord may at any time (and notwithstanding the waiver of any previous right of reentry) re-enter the Holding whereupon the tenancy granted by this Agreement will absolutely determine but without
prejudice to any right of action of the Landlord in respect of any previous breach by the Tenant of this Agreement.
[628]
5.2
Break clause
Either party to this Agreement will be entitled on the death of the other or (in the case of more than one landlord or
tenant) on the death of [any or the last] of them to terminate this Agreement by serving on the relevant deceased partys
personal representatives not less than [one months or six months or one years] prior written notice of his intention to
do so [such notice to expire at the end of a period of the tenancy].
5.3
Dispute resolution
5.3.1
In the event of any dispute arising under this Agreement between the parties the same will be determined by
the Expert named in the Particulars who is to act as independent expert and not as an arbitrator and who is to
be appointed on the written application of either party.
The appointment of the Expert is to specify that his decision will be made following representations in
5.3.2
5.4
Whole agreement
[6
AS WITNESS etc
[629]
SCHEDULE 1
The Holding
[Ordnance Survey or
SCHEDULE 2
[1
attached plan.]
SCHEDULE 3
[630]
SCHEDULE 4
1
Definitions
1.1
1.2
Enactment means:
1.2.1
1.2.2
1.3
1.4
1.5
1.6
1.7
[631]
Term means the term of the tenancy set out in the Particulars 12.
Interpretation

2.1
2.2
2.3
2.4
Agreement;
2.5
that schedule;
2.6
2.7
2.8
done;
2.9
2.10
any sum payable by one party to the other is to be exclusive of Value Added Tax which will where it is
2.11
time and to any subordinate legislation or bye-law made under that Enactment.
[632]
1
2
3
4
6
7
8
9
10
11
If the land is not used for the purposes of a trade or business, the tenant will have no continuing rights of occupation at the end of
the term. The landlord must not acquiesce to any business use: see clause 3.4.1 [625] and Paragraph 157 [207] ante.
A lease or tenancy agreement may be expressed to be made with a full or limited title guarantee, if the landlord is willing to do
so; as to the covenants for title implied by including these words see the Law of Property (Miscellaneous Provisions) Act 1994
(37 Halsburys Statutes (4th Edn) REAL PROPERTY), vol 25(1) (1995 Reissue) LAND REGISTRATION Paragraph 121 [2181] et
seq and vol 35 (1997 Reissue) SALE OF LAND Paragraph 474 [599]. If a title guarantee is to be given, the title should be fully
investigated : see Paragraph 159 [209] ante.
out in clause 3.3.1 [624]. As to repairing covenants generally see vols 22(1) - (3) (1996-1997 Reissue) LANDLORD AND
TENANT. (Business Tenancies)
occupation of the holding. See also Paragraph 152 note 4 [202] ante.
As to the law of forfeiture generally see vol 22(1) (1996 Reissue) LANDLORD AND TENANT (Business Tenancies).
Stamp Duties).
et seq.
A suggested schedule of exceptions and reservations is set out in Form 4 [421] ante, but see also Form 9 schedule 3 [662] post
and vol 13(1) EASEMENTS AND PROFITS A PRENDRE Form 13 [5601] et seq.
12
13
See note 3 above.

DECLARATIONS.
[633][650]
9
Agreement for letting1 of land and buildings for use as riding stables or an equestrian centre (where use is not
primarily agricultural)2
THIS AGREEMENT is made the day of BETWEEN:
(1) (name of landlord) [of (address) or whose registered office is at (address and company registration number)] (the
Landlord) and
(2) (name of tenant) [of (address) or whose registered office is at (address and company registration number)] (the
Tenant)
[651]
NOW IT IS AGREED as follows:
In this agreement unless the context otherwise requires:

1.1
the Property means [(description of property) or the property described in schedule 1] [and for the purposes
of identification only shown edged [red] on the attached plan];
1.2
the Term means the term of the tenancy granted by this agreement which [is (number) [months or years]
commencing on (date) or commences on (date) and expires on (date)];
1.3
the Legislation means [the Town and Country Planning Act 1990, the Wildlife and Countryside Act 1981
and the Environmental Protection Act 1990] and all other European or United Kingdom statutes or statutory
instruments and any orders, regulations, directives and codes of practice for the time being in force made by
any competent authority in respect of the Property and the use of it;
1.4
the 1954 Act means the Landlord and Tenant Act 1954;
1.5
words importing one gender are to be construed as importing any other gender;
1.6
words importing the singular are to be construed as importing the plural and vice versa;
1.7
words importing persons include firms companies and corporations and vice versa;
1.8
where any party comprises more than one person the obligations and liabilities of that party under this
agreement are to be joint and several obligations and liabilities of those persons;
1.9
save where otherwise stated references to numbered clauses and schedules are references to the clauses and
schedules in this agreement which are so numbered;
1.10
the clause headings do not form part of this agreement and are not to be taken into account in its construction
or interpretation;
1.11
references to statutory provisions are to be construed as references to those provisions as respectively
amended or re-enacted or as their application is modified by other provisions (whether before or after the
making of this agreement) from time to time, and are to include any provisions of which they are reenactments (whether with or without modifications).
[652]
Tenancy
The Landlord lets [with [full or limited] title guarantee3] and the Tenant takes the Property [TOGETHER WITH the
rights set out in schedule 2] SUBJECT to all existing rights and other matters affecting the Property [EXCEPTING
AND RESERVING to the Landlord the rights set out in schedule 3] TO HOLD to the Tenant for the Term paying as
follows:
2.1
rent of (amount) [for the Term or per annum] payable on [(date) or by equal instalments on (date) and
(date)]4;
2.2
insurance rent of the amounts that the Landlord pays for premiums for fire insurance and all other risks or
insurances contained or referred to in any policy effected by the Landlord from time to time in accordance
with this agreement to be payable by the Tenant to the Landlord within [one] month of the production to the
Tenant of the receipt for the premium.
The Tenants obligations
3.1
Rent
To pay the rent in accordance with clause 2 of this agreement.
3.2
Interest
That, if the Tenant should fail to pay the rent payable under clause 2 of this agreement or any other sum due
under this agreement [within [14] days of the date due] whether formally demanded or not, the Tenant will
pay to the Landlord interest on such rent or other sum from the date when it became due to the date on which
it is paid whether before or after any judgment at the rate of [4] % per year above the base lending rate of
(name of bank) from time to time in force.
[653]
3.3
Outgoings
To pay all rates5, taxes, assessments, duties, charges, impositions and outgoings [of an annual or other
periodically recurring nature]6 relating to the Property during the Term which are now (or during the Term
may be) charged, assessed or imposed upon the Property or upon the owner or occupier of them [excluding
any payable by the Landlord occasioned by receipt of rent under clause 2 of this agreement or by any
disposition of dealing with or ownership of any interest reversionary to the Term]7.
3.4
Repair and maintenance8

3.4.1
3.4.2
3.4.3
3.5
To keep the buildings on the Property in [good repair, order and condition or the state of repair,
order and condition in which they are at the date of this agreement as evidenced by the attached
schedule of condition agreed between the Landlord and Tenant] and to keep all ditches and drains
clean and free from obstructions and to keep all fences and hedges reasonably cut back and
stockproof.
To maintain the Property in a good and tenant-like manner and so as not to impoverish or
deteriorate the Property.
Not to break up, plough or otherwise convert any part of the Property presently under grass.
Alterations
Not to damage, alter, remove or make any additions to any existing buildings or to erect any buildings or
other structures on the Property without the Landlords prior written consent.
3.6
Alienation
Not to assign, underlet or part with or share possession or occupation of the Property or any part of the
Property9.
3.7
Excavations
Not to dig, take away or sell any stone, gravel, earth, sand, clay, turf or peat from the Property without the
previous consent in writing of the Landlord.
[654]
3.8
User10
3.8.1
[3.8.2
3.8.3
3.8.4
3.9
To use the Property for the purposes of [exercising horses stabled at (specify) or an equestrian
cross-country course or rearing and breeding horses for recreational purposes only and for keeping
horses in livery] which use is to constitute the use of the Property for the purposes of a business
within the meaning of the Landlord and Tenant Act 1954 Section 23.
To use the Property for the grazing of horses provided that such use is at all times to be wholly
subsidiary and ancillary to the main use of the Property detailed in clause 3.8.1 of this agreement.]
That any change in the use of the Property or any intensification of any use of the Property requires
the specific written authority of the Landlord.
Not to permit or suffer the erection of any noticeboards or advertisements or camping or the
parking of caravans on the Property.
The Legislation
3.9.1
3.9.2
affecting the Property to supply a copy to the Landlord.
To comply fully and immediately with every order, direction or notice duly made and served upon
him by a competent authority.
3.9.3
To comply fully with the Legislation and at all times to keep the Landlord effectively indemnified
against all actions, proceedings, costs, expenses, claims and demands in respect of any matter
contravening the provisions of the Legislation.
[655]
3.10
Reimbursement
To reimburse the Landlord on demand all fees, charges, damages, costs and expenses incurred or suffered by
the Landlord arising out of or in connection with the Property and in particular out of or in connection with or
incidental to:
3.10.1
any breach of any of the covenants, terms or conditions on the part of the Tenant under this
agreement and any steps taken in contemplation of or in connection with the preparation and/or
service of a notice under the Law of Property Act 1925 Sections 146 and/or 147 (as amended)
requiring the Tenant to remedy any of the covenants, terms and conditions in this agreement,
notwithstanding forfeiture for such breach may be avoided otherwise than by relief granted by the
court; and
3.10.2
any steps taken in contemplation of or in connection with the preparation and/or service of a
schedule of dilapidations during or after the end or sooner determination of the Term.
3.11
Landlords regulations
To conform to such reasonable general written regulations and arrangements as may be made from time to
time by the Landlord at his absolute discretion in respect of the Property.
3.12
Liability for damage

To indemnify the Landlord from and against all liability in respect of any damage to persons or to any
property real or personal, moveable or immovable, or any loss, damage or costs arising directly or indirectly
out of the occupation or use of the Property by the Tenant.
3.13
Yield up
On determination of the tenancy peaceably and quietly to deliver up the Property to the Landlord with vacant
possession in the order and condition which is consistent with the proper performance of the Tenants
covenants in this agreement.
[656]
The Landlord agrees with the Tenant:
4.1
Insurance
To insure the buildings on the Property to their full reinstatement value against loss or damage by fire,
lightning, explosion, aircraft (other than hostile aircraft) and other aerial devices or articles dropped from
them, earthquake, riot and civil commotion and malicious damage, storm or tempest, bursting or overflowing
of water tanks, apparatus or pipes, flood and impact by road vehicles and to execute all works of repair or
replacement to the same necessary to make good such loss or damage PROVIDED that such loss or damage
shall not have been due to the wilful negligence or default of the Tenant.
4.2
Quiet enjoyment
To permit the Tenant peaceably and quietly to hold and enjoy the Property during the Term without
interruption or disturbance from or by the Landlord or any person claiming through, under or in trust for the
Landlord [or by title paramount]11.
[657]
Mutual agreements
5.1
Forfeiture12
If and whenever during the Tenancy:

5.1.1
the whole or part of the rent payable under clause 2 of this agreement remains unpaid [14] days after
becoming due whether formally demanded or not; or
5.1.2
any of the Tenants agreements or covenants in this agreement are not performed or observed; or
5.1.3
the Tenant proposes or enters into any composition or arrangement with his creditors; or
5.1.4
the Tenant is the subject of any judgment or order made against him which is not complied with within 7 days
or is the subject of any execution, distress, sequestration or other process levied upon or enforced against any
part of his undertaking, property, assets or revenue; or
5.1.5
the Tenant being a company:
5.1.5.1
5.1.5.2
5.1.5.3
5.1.5.4

proceedings taken for appointing an administrator of, or winding up, such a company; or
an incumbrancer takes possession or exercises or attempts to exercise any power of sale or a
receiver is appointed of the whole or any part of the undertaking, property, assets or revenues of
such a company; or
stops payment or agrees to declare a moratorium or becomes or is deemed to be insolvent or unable
to pay its debts within the meaning of the Insolvency Act 1986 Section 123; or
without the prior consent in writing of the Landlord ceases or threatens to cease to carry on its
business in the normal course; or
[658]
5.1.6
the Tenant being an individual:

5.1.6.2 is the subject of an application or order or appointment under the Insolvency Act 1986 Sections 253
or 273 or 286; or
5.1.6.3 is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of
the Insolvency Act 1986 Sections 267 or 26813; or
5.1.7
subject which has an effect equivalent or similar to any of the events mentioned in clauses 5.1.3 to 5.1.6 of
this agreement;
then it will be lawful for the Landlord or any person authorised by him to enter on the Property or any part of it in the
name of the whole (and even if any previous right of re-entry has been waived) and then the tenancy created by this
agreement will absolutely determine but without prejudice to any claims of the Landlord or Tenant under this
agreement (including the breach in respect of which the re-entry is made).
[659]
5.2
Liability
The Landlord will not be under any liability in respect of any injury, damage, nuisance, annoyance or inconvenience
which may be caused in any way to the Property or to the Tenant his servants, agents, invitees, licensees or visitors
whilst in or about the Property or any adjoining land owned by Landlord.
5.3
Use
Nothing in this agreement is to imply or warrant that the Property may be used for the purpose authorised by this
agreement either under the town and country planning legislation or under any byelaws and regulations now or from
time to time in force.
5.4
Notices
The provisions of the Law of Property Act 1925 Section 196 as amended by the Recorded Delivery Service Act 1962
are to apply to any notice under this agreement.
5.5
Business tenancy14
5.5.1
5.5.2
This agreement is to take effect as a business tenancy to which the 1954 Act applies.
Sections 24 to 28 (inclusive) of the 1954 Act will not apply in relation to the tenancy granted by this
agreement.
The agreement contained in clause 5.5.2 of this agreement has been authorised by an order dated (date) and
made under Section 38(4) of the 1954 Act (as added by the Law of Property Act 1969 Section 5) by the
(name) county court on the joint application of the Landlord and Tenant 15.
5.5.3
[660]
Costs
The costs of and incidental to this agreement and the costs of the application to the court referred to in clause 5.5.3 of
this agreement are to be borne by the [Tenant or the Landlord and Tenant in equal shares].
Value added tax
The Tenant will pay and indemnify the Landlord against VAT (or any tax of a similar nature that may be substituted for
it or levied in addition to it) chargeable in respect of the rent payable under clause 2 of this agreement or any other
payment made by the Tenant under any of the terms of or in connection with this agreement, or in respect of any
payment made by the Landlord where the Tenant agrees in this agreement to reimburse the Landlord for such
payment16.
[8
It is certified that there is no prior agreement for tenancy to which this agreement gives effect.]17
[AS or IN] WITNESS etc

[661]
[SCHEDULE 1
Property
(describe the property)]
[SCHEDULE 2
Rights18
A right of way for the Tenant, his agents and authorised visitors with or without vehicles, animals, plant or machinery
over the track shown for the purpose of identification only coloured [green] on the attached plan.]
[SCHEDULE 3
Exceptions and Reservations19
1
All timber and other trees (except fruit trees) pollards, saplings and underwood with power for the Landlord
his agents, workmen and others to mark, fell, cut and remove the same and replant them at times reasonably
convenient to the Tenant doing as little damage as possible [and paying to the Tenant reasonable
compensation for any damage suffered by him in consequence of the exercise of such right].
All springs, wells, ponds, streams and watercourses with all fish, with power for the Landlord and all persons
authorised by him to take and carry away water by means of pipes or otherwise, subject to sufficient water
being left for the Tenant for the purposes permitted by this agreement.
All game (including nests and eggs), fish and (subject to the provisions of the Ground Game Act 1880 and the
Ground Game (Amendment) Act 1906) all wildfowl, hares and rabbits with the exclusive right, subject as
mentioned in this paragraph, for the Landlord and all persons authorised by him to preserve the same and to
hunt, course, shoot, sport and fish on the Property.
[662]
4
All rights of way (if any) used or enjoyed across any part of the Property whether by the Landlord or his
tenants in respect of other property of the Landlord or otherwise.
The benefit of all wayleave contracts entered into by the Landlord and existing at the date of this agreement
and all rents and other money payable under this agreement and the power to carry out on the Property at the
Landlords cost anything required to be done by the Landlord under this agreement.
The right for the Landlord and all persons authorised by him with all necessary machinery, equipment,
vehicles and horses to enter upon the Property for the purposes of exercising any of the rights excepted and
reserved by this schedule and for the purposes of inspecting the state, user and condition of the Property or
any neighbouring land of the Landlord, or obtaining access to such neighbouring land for any other purpose,
and the making of any other improvement on the Property or upon such neighbouring land PROVIDED that
the Landlord makes reasonable compensation to the Tenant for any damage in consequence of the exercise of
such right.]

[663]
1
2
This agreement is provided for use where land (perhaps including buildings) is to be let for use as or in conjunction with a riding
school, equestrian centre or stud farm business and which attracts no security of tenure beyond the term granted. In such
circumstances it is submitted that the tenancy created will normally fall under the provisions of the Landlord and Tenant Act
1954 Pt II (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT ) and not under the provisions of the Agricultural
Tenancies Act 1995 (1 Halsburys Statutes (4th Edn) AGRICULTURE) (the predominant use being for a business other than
agriculture within the meaning of the Agricultural Tenancies Act 1995). This Form is therefore drafted on the premise that the
parties agree that the Landlord and Tenant Act 1954 Pt II applies to it (see Wolfe v Hogan [1949] 2 KB 194, [1949] 1 All ER 570,
CA) and that an application to the court will be made pursuant to the Landlord and Tenant Act 1954 s 38(4) for an order that the
operation of ibid ss 2428 is to be excluded. Note, however, there are circumstances in which the predominant use of the
premises may be for agriculture within the meaning of the Agricultural Tenancies Act 1995 for example where the main or only
use of the land is for grazing (see Rutherford v Maurer [1962] 1 QB 16, [1961] 2 All ER 775, CA). Where that is the case the
provisions of the Agricultural Tenancies Act 1995 will apply and an agreement drafted to comply with that Act must be used
instead. See eg Forms 3 [351], 5 [451] ante. The terms of this agreement are not exhaustive and consideration should be given to
whether the value and extent of the land and buildings is such that a more detailed agreement would be appropriate. As to
business tenancies generally see vols 22(1) - (3) (1996-1997 Reissue) LANDLORD AND TENANT (Business Tenancies) .
[664]
3
5
6
7
8
A lease or tenancy agreement may be expressed to be made with a full or limited title guarantee, if the landlord is willing to do
so; as to the covenants for title implied by including these words see the Law of Property (Miscellaneous Provisions) Act 1994
(37 Halsburys Statutes (4th Edn) REAL PROPERTY), vol 25(1) (1995 Reissue) LAND REGISTRATION Paragraph 121 [2181] et
seq and vol 35 (1997 Reissue) SALE OF LAND Paragraph 474 [599]. If a title guarantee is to be given, the title should be fully
investigated : see Paragraph 159 [209] ante.
No rent review mechanism is provided for within the agreement and an express rent review mechanism will be necessary if the
parties intend the rent to be reviewed. For an example of such a mechanism see vol 22(3) (1997 Reissue) LANDLORD AND
TENANT (Business Tenancies) Forms 180 [7611] - 194 [6987].
Note that the use of land and buildings for a business other than agriculture will give rise to liability to business rates. As to nondomestic rating generally see vol 32 RATING AND SIMILAR CHARGES Paragraph 1 [801] et seq.
The tenant under a short-term tenancy should not be liable for capital levies or the like.
The wording in square brackets should be included by the tenant to make it clear that the tenant is not paying the landlords
taxes.
A short form repairing provision only is provided in this Form which is appropriate where limited land and buildings are to be
included within the agreement. Where significant buildings are to be included within the demise the draftsman should consider
whether a more comprehensive provision would be more appropriate. Some elements of the provision are reminiscent of an
agricultural tenancy. This is unavoidable where pasture, hedges and/or fences are to be included and it is submitted this does not
affect the status of the agreement as one falling under the Landlord and Tenant Act 1954.
Since this clause prohibiting alienation is absolute there is no implication of an obligation on the part of the landlord not
unreasonably to withhold consent pursuant to the Landlord and Tenant Act 1927 s 19 (as amended by the Agricultural Holdings
Act 1986, the Agricultural Tenancies Act 1995 and the Landlord and Tenant (Covenants) Act 1995) (23 Halsburys Statutes (4th
Edn) LANDLORD AND TENANT); and the Landlord and Tenant Act 1988 (23 Halsburys Statutes (4th Edn) LANDLORD AND
TENANT) will have no application. As to the provisions of the Landlord and Tenant (Covenants) Act 1995 (23 Halsburys
Statutes (4th Edn) LANDLORD AND TENANT) in relation to the assignment of leases see vols 22(1) - (3) (1996-1997 Reissue)
LANDLORD AND TENANT (Business Tenancies).
[665]
10
11
12
13
14
15
16
17
18
19
20
This clause expressly acknowledges that the tenants intended use is to be for business purposes falling within the Landlord and
Tenant Act 1954 s 23; see note 2 above.
As to the wording of this covenant see vol 24 LANDLORD AND TENANT Form 53 notes 26, 27 [1510] ante.
As to forfeiture generally see vol 22(1) (1996 Reissue) LANDLORD AND TENANT (Business Tenancies)
See note 2 above.
As to the application to the court and subsequent order see vols 22(1) - (3) (1996-1997 Reissue) LANDLORD AND TENANT
(Business Tenancies).
As to VAT and rent see further Information Binder: Property [1] (VAT and Property).
Stamp Duties).
et seq.
An alternative schedule of exceptions and reservations is set out in Form 4 [421] ante, but see also vol 13(1) EASEMENTS AND
DECLARATIONS.
[666][700]
D: THE NOTICE CONDITIONS

10
Notice to landlord or tenant of farm business tenancy1
AGRICULTURAL TENANCIES ACT 1995

NOTICE PURSUANT TO SECTION 1(4)
To:
(name of tenant or landlord) of (address)
Re:
The Holding known as (identify the holding)2
I, (name of landlord or tenant) of (address), GIVE YOU NOTICE pursuant to the Agricultural Tenancies Act 1995
Section 1(4) that I intend that the tenancy of the Holding referred to above which we are proposing to enter into is to be
and remain a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 and that the character of
the tenancy will at its beginning be primarily or wholly agricultural.
(signature of landlord or tenant)
Dated:
1
2
(insert date)
As to the notice conditions under the Agricultural Tenancies Act 1995 s 1(4) (1 Halsburys Statutes (4th Edn) AGRICULTURE)
and Paragraph 17 [22] et seq ante.
The land to be comprised in the tenancy must be identified by name or otherwise: see ibid s 1(4)(a)(i). It is advisable to use the
same description and/or plan as will be used for the tenancy agreement.
[701]
E: RENT REVIEW
11
Farm business tenancystatutory rent review notice1

NOTICE PURSUANT TO SECTION 10
To:
Re:
The Holding known as (identify the holding)
I, (name of landlord or tenant) of (address), GIVE YOU NOTICE pursuant to the Agricultural Tenancies Act 1995
Section 10 that I require the rent payable in respect of the Holding referred to above, as from the first date (after the end
of 12 months from the date of service on you of this notice) on which the rent could be reviewed under the Agricultural
Tenancies Act 1995 Section 102, to be referred to arbitration in accordance with that Act.
Dated:
1
2
(insert date)
As to rent review options in relation to farm business tenancies see Paragraph 51 [61] ante; and as to the statutory rent review
procedure see Paragraph 53 [63] et seq ante.
As to the review date which must be specified in the statutory review notice see Paragraph 56 [66] ante.
[702]
12
Farm business tenancyagreement as to rent1

Re:
WE, (name of landlord) of (address) and (name of tenant) of (address) the Landlord and Tenant of the Holding referred
to above, agree that with effect from (insert date) the rent payable in respect of the Holding pursuant to the terms of the
Agreement between us dated (insert date) will be (insert amount) per year.
(signatures of landlord and tenant)
Dated:
1
(insert date)
As to rent review options in relation to farm business tenancies see Paragraph 51 [61] ante; and as to the statutory rent review
procedure see Paragraph 53 [63] et seq ante. As to the effect on future review dates of a written agreement as to the amount of
rent see Paragraph 56.4.4 [66] ante.
[703][710]
F: TERMINATION OF FARM BUSINESS TENANCIES
13
Notice to terminate fixed term farm business tenancy of more than two years 1

To:
Re:
I, (name of landlord or tenant) of (address), as [Landlord or Tenant] GIVE YOU NOTICE to terminate the tenancy of
the Holding referred to above pursuant to the Agricultural Tenancies Act 1995 Section 5 on the expiry of the term
granted by a [Lease or Tenancy Agreement] dated the (insert date) and made between (insert details of parties) or on
the first date on which the tenancy can lawfully be terminated, being at least 12 months but less than 24 months after
service of this notice.
Dated:
1
(insert date)
As to termination of a fixed term farm business tenancy of more than two years see the Agricultural Tenancies Act 1995 s 5 (1
Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraphs 72 [82], 77 [88] et seq ante. A fixed term tenancy of two years or
less requires no notice to bring it to an endit will simply expire by effluxion of time: see Paragraph 73 [83] ante. As to break
clauses see Paragraph 76 [86] ante and Form 14 [712] post.
[711]
14
Notice to terminate a farm business tenancy for a term of more than two years in exercise of a provision
contained in the lease or tenancy agreement1

To:
Re:
I, (name of landlord or tenant) of (address), as [Landlord or Tenant] GIVE YOU NOTICE pursuant to clause (number)
of a [Lease or Tenancy Agreement] of the Holding referred to above dated the (insert date) and made between (insert
details of parties) to terminate the tenancy on (insert date) or (if later) on the first date on which the tenancy can be
terminated pursuant to the said clause, being at least 12 months but less than 24 months after service of this notice.
Dated:
1
(insert date)
As to termination of a farm business tenancy of more than two years in pursuance of a provision of the tenancy giving the tenant
an option to terminate, see the Agricultural Tenancies Act 1995 s 7 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and
Paragraphs 76 [86], 77 [88] et seq ante.
[712]
15
Landlords notice to terminate periodic farm business tenancy1

To:
(name of tenant) of (address)
Re:
I, (name of landlord) of (address), GIVE YOU NOTICE TO QUIT and deliver up to me possession of the Holding
referred to above which you hold of me as tenant on (insert date of expiry of current period of tenancy) or at the expiry
of [12 months] from the end of the now current [year] of the tenancy.
(signature of landlord)
Dated:
(insert date)
Annual periodic tenancies require at least 12, but less than 24, months written notice which must take effect at the end of a year
of the tenancy: see the Agricultural Tenancies Act 1995 s 6 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraphs 74
[84], 77 [88] et seq ante. Other periodic tenancies are governed by the common law: see Paragraph 75 [85] ante.
[713]
16
Tenants notice to terminate periodic farm business tenancy1

To:
(name of landlord) of (address)
Re:
I, (name of tenant) of (address), GIVE YOU NOTICE that I shall quit and deliver up to you possession of the Holding
referred to above which I hold of you as tenant on (insert date of expiry of current period of tenancy) or at the expiry of
[12 months] from the end of the now current [year] of the tenancy.
(signature of tenant)
Dated:
1
(insert date)
Annual periodic tenancies require at least 12, but less than 24, months written notice which must take effect at the end of a year
of the tenancy: see the Agricultural Tenancies Act 1995 s 6 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraphs 74
[84], 77 [88] et seq ante. Other periodic tenancies are governed by the common law: see Paragraph 75 [85] ante.
[714][720]
G: IMPROVEMENTS
17
Farm business tenancytenants request for consent to improvements1
To:
Re:
I, (name of tenant) of (address), Tenant of the Holding referred to above request your written consent to the provision
by me of the improvement[s] specified in the schedule below.
SCHEDULE
(insert full details of proposed improvements)
Dated:
1
(insert date)
The landlords consent to improvements is a mandatory pre-requisite for compensation for physical or intangible improvements:
see the Agricultural Tenancies Act 1995 s 17 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 94 [105] ante. As
to routine improvements see Paragraphs 93 [104], 98 [110] ante.
[721]
18
Farm business tenancylandlords consent to tenants improvements (other than planning permission) 1

To:
Re:
I, (name of landlord) of (address) Landlord of the Holding referred to above, consent to the provision by you of the
improvement[s] specified in schedule 1 below on condition2 that you agree to the terms specified in schedule 2 below
related to [that improvement or those improvements] such terms to be incorporated in a memorandum to be annexed to
both parts of the [Lease or Tenancy Agreement] pursuant to which you occupy the Holding prior to the commencement
of such improvement.
SCHEDULE 1
(insert full details of proposed improvements)
SCHEDULE 2
(set out terms as to eg location, materials, user etc)
Dated:
1
2
(insert date)
As to tenants improvements see Paragraph 91 [101] et seq ante. For consent in relation to an application for planning permission
see Form 19 [723] post.
A landlords consent may be unconditional or on condition that the tenant agrees to a specified variation in the terms of the
tenancy, such variation being related to the improvements in question: see the Agricultural Tenancies Act 1995 s 17 (1
Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 94 [105] ante.
[722]
19
Farm business tenancylandlords consent allowing tenant to make an application for planning permission 1

To:
Re:
I, (name of landlord) of (address) Landlord of the Holding referred to above, consent to the making by you of the
application for planning permission specified in schedule 1 below for the purpose of enabling [a physical improvement
on the Holding by you by your own effort or wholly or partly at your expense or you lawfully to effect a change of
use2] comprising (insert details) on condition that you agree to the terms specified in schedule 2 below related to that
[physical improvement or change of use] such terms to be incorporated in a memorandum to be annexed to both parts
of the [Lease or Tenancy Agreement] pursuant to which you occupy the Holding prior to your making the said
application.
SCHEDULE 1
(insert details of planning application and of any other relevant documentation)
SCHEDULE 2
(set out any terms to be included)
Dated:
1
2
(insert date)
As to a landlords consent to making an application for planning permission see the Agricultural Tenancies Act 1995 s 18 (1
Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 97 [108] ante.
See ibid ss 15(a), 18(1)(b).
[723]
20
Farm business tenancytenants notice demanding that question of consent to improvements be referred to
arbitration1

To:
Re:
I, (name of tenant) of (address), GIVE YOU NOTICE that I am aggrieved by

[your refusal to give written consent2 to my proposed improvement to the Holding comprising (insert details) or
your failure to give written consent to my proposed improvement to the Holding comprising (insert details) within two
months of my written request3 or
your requiring that as a condition of your giving written consent to my proposed improvement to the Holding
comprising (insert details) I agree to the variation4 in the terms of the tenancy related to that improvement set out in
your approval (identify variations required by landlord)]
AND I DEMAND that the question be referred to arbitration under the Agricultural Tenancies Act 1995 Section 19.
Dated:
1
2
3
4
(insert date)
As to the procedure for making a reference to arbitration under the Agricultural Tenancies Act 1995 s 19 (1 Halsburys Statutes
(4th Edn) AGRICULTURE) on a landlords refusal to give consent to a tenants proposed improvements see Paragraph 95 [106]
ante. Note in particular the time limits under ibid s 19(3) for giving such a notice (see notes 24 below).
See ibid s 19(1)(a), (3)(a) (time limit of two months from service of landlords notice of refusal).
See ibid s 19(1)(b), (3)(b) (time limit of four months from service of tenants written request).
See ibid s 19(1)(c), (3)(a) (time limit of two months from service of landlords notice of variation).
[724]
21
Farm business tenancytenants notice of intention to claim compensation for improvements 1

NOTICE PURSUANT TO SECTIONS 16 AND 22
To:
Re:
I, (name of tenant) of (address), GIVE YOU NOTICE that I intend to claim compensation under the Agricultural
Tenancies Act 1995 Section 16 in respect of the improvements for which [you gave consent in writing or approval was
given by (insert name of arbitrator) as arbitrator] on (insert date). Details of the improvements and the nature of the
claim are set out in the schedule below.
SCHEDULE
(insert full details of the improvements and the nature of the claim)
Dated:
1
(insert date)
A claim for compensation under the Agricultural Tenancies Act 1995 s 16 (1 Halsburys Statutes (4th Edn) AGRICULTURE) for
tenants improvements is not enforceable unless the tenant gives a written notice of his intention to make the claim, and of the
nature of the claim, to his landlord before the end of the period of two months beginning with the date of termination of the
tenancy: see ibid s 22(2). As to the procedure for making a reference to arbitration under ibid s 22 see Paragraph 101 [115] ante.
Note that the time limit for making an application to appoint an arbitrator is four months beginning with the date of termination
of the tenancy: ibid s 22(3).
[725][740]
H: MISCELLANEOUS
22
Notice to tenant of change of landlord1

To:
Re:
I, (name of original or new landlord) of (address), GIVE YOU NOTICE pursuant to the Agricultural Tenancies Act
1995 Section 36(7) that with effect from (date) the Landlord of the Holding described above who is entitled to receive
the rent from the Holding will be (name of new landlord) of (address).
(signature of original or new landlord)
Dated:
1
(insert date)
Until a tenant under a farm business tenancy has received:

(a)
notice that the original landlord has ceased to be entitled to receive the rent and profits of the holding, and
(b)
notice of the name and address of the person who has become entitled to receive the rent and profits,
he may continue to give notices or other documents to the original landlord and they will be deemed to have been given to the
landlord under the tenancy: see the Agricultural Tenancies Act 1995 s 36(7) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[741]
23
Notice of intention to apply for the appointment of an arbitrator in relation to a dispute (other than a dispute
governed by particular statutory provisions as to rent, improvements or compensation) 1

To:
Re:
I, (name of landlord or tenant) of (address), GIVE YOU NOTICE that, unless before the end of the period of 2 months
beginning with the day on which this notice is given to you we have appointed an arbitrator by agreement 2, I propose to
apply to the President of the Royal Institution of Chartered Surveyors for the appointment of an arbitrator by him in
respect of the dispute specified below.
NATURE OF THE DISPUTE

(specify the dispute and give details)3
(signature of or on behalf of landlord or tenant)
Dated:
1
2
3
(insert date)
See the Agricultural Tenancies Act 1995 s 28(2), (5) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 122 [142]
ante.
The dispute must be specified: see ibid s 28(2).
[742]
24
Agreement to appoint an arbitrator to determine claims, questions or differences between landlord and tenant in
relation to rent1, improvements2, compensation3 or other disputes4

Re:
The Holding described in the Particulars set out in Part II of this agreement
PART I
1
The Landlord and the Tenant (named in the Particulars set out in Part II below) having failed to resolve the
claims, questions or differences set out in Part II below, agree to the appointment of an arbitrator to determine
such issues in dispute.
(name) of (name and address of firm) has agreed to act as arbitrator [by a letter dated (date)].
IT IS AGREED that (name of agreed arbitrator) will be appointed as at the date of this agreement to act as
arbitrator in respect of the issues set out in Part II below.
(signatures of or on behalf of landlord and tenant)

Dated:
[743]
(insert date)
PART II
Particulars
Details
1
Name and address of the Holding
Holding:
Parish:
County:
2
Name and address of Landlord
3
Name and address of Landlords agents (if any)
4
Name and address of Landlords solicitors (if any)
5
Name and address of Tenant
6
Name and address of Tenants agents (if any)
7
Name and address of Tenants solicitors (if any)
8
Approximate area of Holding
9
Description of Holding
(eg mixed, arable, dairy, market garden)
10
State the provision of the Agricultural Tenancies Act 1995 (or otherwise) in respect of which the arbitration is required
11
Nature of the dispute
12
Conflicts of interest
(state the names of any persons who should not be considered for appointment/nomination) 5
1
See the Agricultural Tenancies Act 1995 s 12 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 59 [70] ante.
2
3
4
5

See ibid s 22(3) and Paragraph 101.2 [115] ante.
If it is thought that there are any persons who should not be considered for appointment or nomination by reason of there being a
conflict of interest, full reasons supporting those views should be provided separately.
[744]
25
Application for the appointment of an arbitrator to determine claims, questions or differences between landlord
and tenant1

To:
The President, The Royal Institution of Chartered Surveyors (Arbitrations Section) (insert address)2
Re:
The Holding described in the Particulars set out in Part II of this application
PART I
1
The Landlord and the Tenant (named in the Particulars set out in Part II below) have failed to agree as to the
person to act as arbitrator and
[there being no provision in any agreement between them relating to the appointment of such arbitrator
and/or
no arbitrator has been appointed under an agreement between the Landlord and Tenant [made since notice in
writing was given on (date) under the Agricultural Tenancies Act 1995 Section [103 or 19(1)4 or 22(2)5]] or
no arbitrator has been appointed by agreement following the notice in writing dated (date) given by the
Landlord or Tenant to the other specifying a dispute between the parties and stating that, unless before the
end of the period of 2 months beginning with the day on which the notice was given the parties have
appointed an arbitrator by agreement, the party giving notice proposes to apply to the President of the RICS
for the appointment of an arbitrator by him6]
I NOW APPLY to the President of the RICS for the appointment of an arbitrator for the purpose of settling
the claims, questions or differences set out in Part II below.
[745]
2
I enclose a cheque for (insert amount)7 made payable to The Royal Institution of Chartered Surveyors.
I understand that this application and the accompanying fee must be received at the above address:
[3.1
at any time during the period of 6 months ending with the review date specified in a statutory rent
review notice given pursuant to the Agricultural Tenancies Act 1995 Section 12 8; or
3.2
at any time 9 after the Tenant has given notice pursuant to the Agricultural Tenancies Act 1995
Section 19(1) in respect of a refusal or failure to give consent, or of a condition attaching to
consent, on the part of the Landlord (if no arbitrator has been appointed under an agreement since
the notice was given)10; or
3.3
after the end of the period of 4 months beginning with the date of termination of the tenancy where,
before the end of the period of 2 months beginning with the date of termination of the tenancy, the
Tenant has given notice in writing to his Landlord of his intention to make a claim, and of the
nature of the claim, for compensation upon the termination of the tenancy under and pursuant to the
Agricultural Tenancies Act 1995 Sections 16 and 2211; or
3.4
otherwise, after the end of the period of 2 months 12 beginning with the date on which a notice 13 is
given by the Landlord or the Tenant specifying a dispute between the parties and stating that unless
the parties have appointed an arbitrator by agreement within such period, the party giving the notice
proposes to apply to the President of the RICS for the appointment of an arbitrator by him;]
and that if it is not so received within that period, the application will be invalid and the appointment of the
arbitrator will not be made.
(signature of or on behalf of landlord or tenant)

Dated:
[746]
PART II
(insert date)
Particulars
Details
1
Name and address of the Holding
Holding:
Parish:
County:
2
Name and address of Landlord
3
Name and address of Landlords agents (if any)
4
Name and address of Landlords solicitors (if any)
5
Name and address of Tenant
6
Name and address of Tenants agents (if any)
7
Name and address of Tenants solicitors (if any)
8
Approximate area of Holding
9
(eg mixed, arable, dairy, market garden)
10
State the provision of the Agricultural Tenancies Act 1995 (or otherwise) in respect of which the arbitration is required
11
Nature of the dispute
12
Conflicts of interest
(state the names of any persons who should not be considered for appointment/nomination) 14
[747]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
See the Agricultural Tenancies Act 1995 s 30(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 124 [145] ante.
The dispute may be in relation to rent review (see ibid s 12), consent for improvements (see ibid s 19(4)), compensation (see ibid
s 22(3)) or other matters (see ibid s 28(3)).
For the address see Information Binder: Addresses [1] (Arbitration).
Ie a statutory review notice: see the Agricultural Tenancies Act 1995 ss 10, 12(a).
See ibid s 19(4).
See ibid s 28(2).
See ibid s 30(2).
See ibid s 12 and Paragraph 59 [70] ante. For a form of statutory rent review notice see Form 11 [702] ante.
Note that no application may be made under ibid s 19(4) after the tenant begins to provide an improvement (other than a routine
improvement): see ibid s 19(9) and Paragraph 96.3 [107] ante.
See ibid s 19(4) and Paragraph 95 [106] ante. For a tenants notice demanding a referral to arbitration see Form 20 [724] ante.
See ibid s 22(2), (3) and Paragraph 101.2 [115] ante. For a tenants notice of intention to claim compensation see Form 21 [725]
ante.
See ibid s 28(2). For a tenants notice of intention to apply for the appointment of an arbitrator see Form 23 [142] ante.
If it is thought that there are any persons who should not be considered for appointment or nomination by reason of there being a
conflict of interest, full reasons supporting those views should be provided separately.
[748][2000]
(2)
AGRICULTURAL HOLDINGS
(A) Commentary
A: WHEN DOES THE AGRICULTURAL HOLDINGS ACT 1986 APPLY?
301
Agricultural tenancies beginning on or after 1 September 1995
The Agricultural Holdings Act 1986 will not apply to a tenancy 1 (or to an agreement or licence that would otherwise
have taken effect as a yearly tenancy2) beginning on or after 1 September 1995, unless it is a tenancy of an agricultural
holding3:
301.1 granted by a written contract of tenancy entered into before 1 September 1995 and indicating that the 1986 Act
is to apply in relation to the tenancy4;
301.2 obtained by direction of an agricultural land tribunal under the Agricultural Holdings Act 1986 sections 39 or
535;
301.3 granted (following a direction under the Agricultural Holdings Act 1986 section 39) in circumstances falling
within section 45(6) of that Act6;
301.4 granted on an agreed succession7 by a written contract of tenancy indicating that Part IV of the 1986 Act is to
apply in relation to the tenancy8;
[2001]
301.5 created by the acceptance of a tenant, in accordance with the provisions as to compensation known as the
Evesham custom and set out in the Agricultural Holdings Act 1986 section 80(3)(5) 9, on the terms and
conditions of the previous tenancy10; or
301.6 granted to a person who, immediately before the grant of the tenancy, was the tenant of the holding, or of any
agricultural holding comprising the whole or a substantial part of the land comprised in the holding, under a
tenancy in relation to which the 1986 Act applied (the previous tenancy), and so granted merely because a
purported variation of the previous tenancy (not being an agreement expressed to take effect as a new tenancy
between the parties) has effect as an implied surrender followed by the grant of the tenancy 11.
If the Agricultural Holdings Act 1986 applies to a tenancy by virtue of one the provisions listed above, then the tenancy
cannot be a farm business tenancy for the purposes of the Agricultural Tenancies Act 1995 12.
[2002]
1
2
3
4
5
8
9
10
11
12
Ie an agreement beginning on or after 1 September 1995 that would otherwise have fallen within the Agricultural Holdings Act
1986 s 2 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see the Agricultural Tenancies Act 1995 s 4(1). As to agreements that
take effect as yearly tenancies under the Agricultural Holdings Act 1986, see Paragraphs 310 [2026]313 [2029] post.
Agricultural holding has the same meaning as in the Agricultural Holdings Act 1986 s 1: see the Agricultural Tenancies Act
1995 s 2(2) and Paragraph 304 [2012] post.
See the Agricultural Tenancies Act, 1995 s 4(1)(a).
See the Agricultural Tenancies Act, 1995 s 4(1)(b). As to an application by an eligible person under the Agricultural Holdings
Act 1986 s 39 for the tenancy of a holding on the death of a tenant, or an application by a nominated successor under the
Agricultural Holdings Act 1986 s 53 for the tenancy of a holding on the retirement of a tenant, see Paragraphs 387 [2291]398
[2326] and 399 [2336]411 [2362] post respectively.
See the Agricultural Tenancies Act, 1995 s 4(1)(c). The circumstances covered by the Agricultural Holdings Act 1986 s 45(6) are
that the person or persons entitled to a tenancy or joint tenancy of the holding becomes or become the tenant or joint tenants of
the holding before that time under a tenancy granted by the landlord to and accepted by the person or persons concerned.
For a current tenancy to be granted on an agreed succession, the previous tenancy of the holding (or a related holding) must be
a tenancy to which the Agricultural Holdings Act 1986 Pt IV applies (as to which, see ibid s 34), and the current tenancy must be
granted otherwise than as mentioned in the Agricultural Tenancies Act 1995 s 4(1)(b) or (c) (as to which, see Paragraphs 301.3
and 301.4 [2001]) but in such circumstances that, if the Agricultural Holdings Act 1986 Pt IV applied in relation to the current
tenancy, and a sole (or sole surviving) tenant under the current tenancy were to die and be survived by a close relative, then the
occasion on which the current tenancy is to be granted would be taken to be an occasion falling within the Agricultural Holdings
Act 1986 s 37(1)(a) or (b) (as to which, see Paragraph 390 [2307] post): see the Agricultural Tenancies Act 1995 s 4(2). See
further 559 HL Official Report (5th series) cols 11461150, 12 December 1994; 560 HL Official Report (5th series) col 892, 23
January 1995.
See the Agricultural Tenancies Act, 1995 s 4(1)(d).
As to the Evesham custom, see Paragraph 447 [2482] post.
See the Agricultural Tenancies Act, 1995 s 4(1)(e).
See the Agricultural Tenancies Act, 1995 s 4(1)(f).
See the Agricultural Tenancies Act 1995 s 2(1)(b). As to farm business tenancies, see Paragraph 1 [1] et seq ante.
[2003]
302
Agricultural tenancies beginning before 1 September 1995
The Agricultural Holdings Act 1986 will apply to a tenancy that began before 1 September 1995 if it is a tenancy of an
agricultural holding as statutorily defined 1. Such a tenancy cannot be a farm business tenancy for the purposes of the
Agricultural Tenancies Act 19952.
1
2
As to the definition of agricultural holding, see the Agricultural Holdings Act 1986 s 1 (1 Halsburys Statutes (4th Edn)
AGRICULTURE) and Paragraph 304 [2012] post.
See the Agricultural Tenancies Act 1995 s 2(1)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to farm business
tenancies, see Paragraph 1 [1] et seq ante.
[2004][2010]
B: MEANING OF TERMS
303
Tenancies subject to the Agricultural Holdings Act 1986
The following paragraphs1 and the forms and precedents relating to agricultural holdings 2 should all be read as
referring only to tenancies to which the Agricultural Holdings Act 1986 applies 3.
1
2
3
Ie the paragraphs comprising this Commentary, 304 [2012]468 [2551] post.

For the forms and precedents, see Forms 101 [3001]226 [4025] post.
As to such tenancies, see Paragraphs 301 [2001] and 302 [2004] ante.
[2011]
304
Agricultural holding
An agricultural holding means1 the aggregate of the land (whether agricultural land 2 or not) comprised in a contract of
tenancy3 that is a contract for an agricultural tenancy 4, not being a contract under which the land is let to the tenant
during his continuance in any office, appointment or employment 5 held under the landlord. Buildings may be included
in the land forming an agricultural holding6, and a building may, without any other land, constitute such a holding 7.
1
2
3
4
See the Agricultural Holdings Act 1986 s 1(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to agricultural holdings
generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE para 301 et seq.
For the meaning of agricultural land, see Paragraph 305 [2013] post.
As to the meaning of contract of tenancy, see Paragraph 306 [2014] post.
As to the meaning of agricultural tenancy, see Paragraph 307 [2015] post.
5
6
7
For the position where land is let to employees, see Paragraph 363 [2211] post.
See Dunn v Fidoe [1950] 2 All ER 685, CA; cf Hasell v McAulay [1952] 2 All ER 825, DC.
See Blackmore v Butler [1954] 2 QB 171, [1954] 2 All ER 403, CA.
[2012]
305
Agricultural land
Agricultural land means1:
305.1 land used for agriculture2, and so used for the purposes of a trade or business3; and
305.2 any other land that, by virtue of a designation under the Agriculture Act 1947 4 is agricultural land within the
meaning of that Act.
1
2
See the Agricultural Holdings Act 1986 s 1(4) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
For the meaning of agriculture, see Paragraph 308 [2016] post. References to the use of land for agriculture include, in relation
to land forming part of an agricultural unit, references to any use of the land in connection with the farming of the unit: see the
Agricultural Holdings Act 1986 s 96(5).
The condition of commercial use prevents an allotment garden from being an agricultural holding, and such a garden cannot be
designated as agricultural land. An allotment may, however, be an agricultural holding if it is used for the purpose of a trade or
business. A smallholding may likewise be an agricultural holding if it is so used, although the rights of tenants of smallholdings
are restricted in certain respects in comparison with those of tenants of other agricultural holdings: Stevens v Sedgeman [1951] 2
KB 434, [1951] 2 All ER 33, CA. As to smallholdings as agricultural holdings, see vol 2(3) (1998 Reissue) ALLOTMENTS AND
SMALLHOLDINGS . A market garden is an agricultural holding: the definition of agriculture in the Agricultural Holdings Act
1986 includes market gardens: see Paragraph 308 [2016] post.
Ie under the Agriculture Act 1947 s 109(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
The Agriculture Act 1947 s 109(1) provides that, in that Act, agricultural land means land used for agriculture which is
so used for the purposes of a trade or business, or which is designated by the Minister for the purposes of this subsection, and
includes any land so designated as land which in the opinion of the Minister ought to be brought into use for agriculture:
Provided that no designation under this subsection shall extend:
(a)
to land used as pleasure grounds, private gardens or allotment gardens, or
(b)
to land kept or preserved mainly or exclusively for the purposes of sport or recreation, except where the Minister is
satisfied that its use for agriculture would not be inconsistent with its use for such purposes and it is so stated in the
designation.
[2013]
306
Contract of tenancy
Contract of tenancy means a letting of land, or an agreement for letting of land, for a term of years or from year to
year1. For the purposes of the definition, a letting of land (or an agreement for letting land) that, by virtue of the Law of
Property Act 1925, is converted into a letting or agreement for 90 years 2 is deemed to be a letting of land (or, as the
case may be, an agreement for letting land) for a term of years 3.
A tenancy for a definite term of more than one year but less than two years falls within the statutory
definition4, and therefore creates an agricultural holding and not a tenancy within the protection of the Landlord and
Tenant Act 1954 Part II5.
1
2
3
4
5
See the Agricultural Holdings Act 1986 s 1(5) (1 Halsburys Statutes (4th Edn) AGRICULTURE). Certain short term lettings and
licences created before 1 September 1995 took effect as yearly tenancies by virtue of the Agricultural Holdings Act 1986 s 2: see
Paragraphs 310 [2026]313 [2029] post.
Ie by virtue of the Law of Property Act 1925 s 149(6) (37 Halsburys Statutes (4th Edn) REAL PROPERTY).
See the Agricultural Holdings Act 1986 s 1(5).
See EWP Ltd v Moore [1992] 1 QB 460, [1992] 1 All ER 880, CA and Paragraph 358 [2192] post.
Such a tenancy also falls outside the security of tenure provisions of the Agricultural Holdings Act 1986: see Paragraph 357
[2191] post. Any such tenancy created on or after 1 September 1995 may, if the conditions are satisfied (as to which see
Paragraph 4 [7] ante) be a farm business tenancy.
[2014]
307
Agricultural tenancy
For the purposes of the Agricultural Holdings Act 1986 1, a contract of tenancy relating to any land is a contract for an
agricultural tenancy if, having regard to
307.1 the terms of the tenancy,
307.2 the actual or contemplated use of the land at the time of the conclusion of the contract and subsequently, and
307.3 any other relevant circumstances,
the whole of the land comprised in the contract (subject only to such exceptions as do not substantially affect the
character of the tenancy) is let for use as agricultural land 2.
A tenancy may include non-agricultural as well as agricultural land and the question as to whether or not it is
an agricultural tenancy is determined with reference to the criteria in the Agricultural Holdings Act 1986 3.
1
Ie for the purposes of the Agricultural Holdings Act 1986 s 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 1(2). A change in use of the land, subsequent to the conclusion of a contract of tenancy,
that involves any breach of the terms of the tenancy is to be disregarded for the purpose of determining whether a contract that
was not originally a contract for an agricultural tenancy has subsequently become one, unless it is effected with the landlords
permission, consent or acquiescence: see the Agricultural Holdings Act 1986 s 1(3). As to the meaning of agricultural land, see
Paragraph 305 [2013] ante.
Ie the Agricultural Holdings Act 1986 s 1(2),(3). See also 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE para 301 note
2. See also Gold v Jacques Amand Ltd (1991) 63 P & CR 1.
[2015]
308
Agriculture
For the purposes of the Agricultural Holdings Act 1986 agriculture includes horticulture, fruit growing, seed growing,
dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market
gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for
other agricultural purposes. Agricultural is to be construed accordingly 1.
1
[2016]
309
Livestock
Livestock includes any creature kept for the production of food, wool, skins, or fur or for the purpose of its use in the
farming of land or the carrying on in relation to land of any agricultural activity 1.
1
[2017][2025]
C: SHORT TERM TENANCIES AND LICENCES

310
Agreements that took effect as yearly tenancies
Where before 1 September 1995:
310.1 land was let to a person for use as agricultural land for an interest less than a tenancy from year to year, or
310.2 a person was granted a licence to occupy land for use as agricultural land 1,
and the circumstances were such that, if his interest had been a tenancy from year to year, he would in respect of that
land have been the tenant of an agricultural holding 2, then (subject to certain exceptions 3) the agreement took effect as
if it were an agreement for a tenancy from year to year 4.
1
2
3
4
As to licences relating to farming partnerships, see Paragraph 313 [2029] post.

For the exceptions, see Paragraph 311 [2027] post.
[2026]
311
Agreements to which conversion did not apply
The provisions regarding conversion did not apply1 to agreements or licences for the letting or occupation of land if:
311.1 the agreement was approved by the Minister before it was entered into 2; or
311.2 the agreement or licence was made in contemplation of the use of land only for grazing or mowing (or both)
during a specified period of the year 3; or
311.3 the agreement or licence was granted by a person whose interest in the land is less than a tenancy from year to
year (and whose interest is not converted by virtue of these provisions) 4.
1
2
3
4
Note that, in addition, the provisions will not normally apply to any agreement beginning on or after 1 September 1995: see the
Agricultural Tenancies Act 1995 s 4(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 301 [2001] ante.
See the Agricultural Holdings Act 1986 s 2(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The Minister means, in
relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Wales, the Secretary of State for Wales:
see the Agricultural Holdings Act 1986 s 96(1). As to tenancies approved by the Minister before they were entered into, see
Paragraphs 354 [2181]356 [2184] post.
See the Agricultural Holdings Act 1986 s 2(3)(a). As to grazing and mowing agreements generally, see Paragraphs 359 [2201]
362 [2204] post.
See the Agricultural Holdings Act 1986 s 2(3)(b).
[2027]
312
Conversion distinguished from mislabelling and sham
Express conversion of a licence into a tenancy was distinct from and supplemental to the principle, judicially evolved,
that what is in truth a tenancy cannot be deprived of its legal effect as such by describing it as a licence 1. A gratuitous
licence, however, was never converted into a tenancy of an agricultural holding 2 because the transaction had to be one
enforceable at law and had to be a contract for valuable consideration 3.
1
2
As to sham and mislabelled agreements, see Paragraphs 366 [2218] and 367 [2220] post respectively.
See Goldsack v Shore [1950] 1 KB 708, [1950] 1 All ER 276, CA. It should be noted that a rent-free licence or tenancy is not
necessarily gratuitous if there is other consideration: see Mitton v Farrow (1980) 255 Estates Gazette 449, CA; Secretary of State
for Social Services v Beavington (1981) 262 Estates Gazette 551. A tenant holding over after the expiration of his tenancy, if it
has been duly determined, does not obtain any contractual rights which would be converted, even if inadvertently the landlord
accepts rent proffered in those circumstances: see Longrigg, Burrough and Trounson v Smith (1979) 251 Estates Gazette 847,
CA.
Collier v Hollinshead (1984) 272 Estates Gazette 941.
[2028]
313
Licences relating to farming partnerships
The essence of the statutory provision for a licence to take effect as a tenancy was the requirement that the licence must
have been granted for the purpose of occupying the land for use as agricultural land 1. A licence, to be capable of
conversion, had to confer on the licensee during its currency a right of exclusive occupation against the licensor.
Where, therefore, a person already in lawful occupation of land entered into a partnership agreement for farming the
land with a farming partner by which the land-owning or land-renting partner granted a licence to the farmer to enter
the land for the purpose of the partnership business, the statutory provision for conversion did not apply 2. Similarly,
where a licence on its true construction merely entitled the licensee to share occupation with the licensor not pursuant
to an agreement for partnership, the statutory conversion again did not apply3.
1
2
3
See the Agricultural Holdings Act 1986 s 2(2)(b) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Harrison-Broadley v Smith [1964] 1 All ER 867, [1964] 1 WLR 456, CA.
Bahamas International Trust Co Ltd v Threadgold [1974] 3 All ER 881, [1974] 1 WLR 1524, HL.
[2029][2040]
D: FORM AND TERMS OF TENANCY

1: REQUIREMENTS FOR WRITTEN TENANCY AGREEMENTS
314
Creation
Subject to the general rule of law regarding the creation of oral tenancies of land 1, the contract of tenancy of an
agricultural holding may be created orally or in writing 2. Where, however, the terms of the contract are not reduced to
writing, either the landlord or the tenant may require the other to enter into a written contract of tenancy and in default
of agreement may enforce such request by arbitration3.
1
2
3
See the Law of Property Act 1925 ss 5254 as amended (37 Halsburys Statutes (4th Edn) REAL PROPERTY) and in particular
section 52(1) of that Act by which a legal estate in land may in general be created only by deed and sections 52(2)(d), 54(2) of
that Act by which a tenancy taking effect in possession for a term not exceeding three years at the best rent that can reasonably
be obtained need not be created by deed or writing but may be created orally.
As to the formalities for the creation of a tenancy, see further vol 22(1) (1996 Reissue) LANDLORD AND TENANT (Business
Tenancies).
As to the right to a written tenancy agreement given by the Agricultural Holdings Act 1986 s 6 (1 Halsburys Statutes (4th Edn)
AGRICULTURE), see Paragraph 316 [2043] post.
[2041]
315
Express and other terms
The contract of tenancy of an agricultural holding is prima facie, like any other contract, the expression of the intention
of the parties as to the terms on which they have entered into mutually binding legal obligations. The full effect of a
contract of tenancy of an agricultural holding can, however, be ascertained only after consideration has been given to:
315.1 the express contractual terms;
315.2 any terms added to the express contractual terms by an award of a statutory arbitrator 1 or a decision or direction
of an agricultural land tribunal2 that take effect as mutually agreed terms of the contract of tenancy;
315.3 the terms imposed by the Agricultural Holdings Act 1986 subject to any contrary agreement between the
parties3;
315.4 the terms imposed by the Agricultural Holdings Act 1986 irrespective of any contrary agreement between the
parties4; and
315.5 the extent to which the express terms of the contract of tenancy are supplemented by custom or usage 5.
1
Eg, under the Agricultural Holdings Act 1986 ss 6(1), 7(2), 8(2), 9(1), 10(6), 12(1), 13(7), 14(2), 20(4), 33(2), 48(3) (1
Halsburys Statutes (4th Edn) AGRICULTURE).
2
3
4
5
Eg, under the Agricultural Holdings Act 1986 s 80.

Eg, by the Agricultural Holdings Act 1986 ss 15(3), 66(2),(4), Sch 9 Pt I paras 3(2), 4(3).
Eg, by the Agricultural Holdings Act 1986 ss 15(1), 24, 25(1), 76(1), 78(1), 83, 84(1).
See, however, the Agricultural Holdings Act 1986 ss 15(1) (tenants right, despite custom, to dispose of produce and practise any
system of cropping) and 77 (no compensation under custom for improvement or tenant-right matter). As to tenant-right matters,
see Paragraphs 434 [2446]439 [2452] post.
[2042]
316
Right to a written agreement
The landlord or the tenant of an agricultural holding may request the other party to enter into a written agreement 1
embodying all the terms of the tenancy and containing provision for the specified matters where:
316.1 there is not in force an agreement in writing embodying all the terms of the tenancy (including any model
clauses incorporated in the contract of tenancy by regulations 2); or
316.2 such an agreement in writing is in force, but the terms of the tenancy do not make provision for one or more of
the matters specified in the Agricultural Holdings Act 1986 3.
If, despite such a request, no agreement is reached, the party seeking it may refer the terms of the tenancy to statutory
arbitration3.
1
2
3
4
See the Agricultural Holdings Act 1986 s 6(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For forms of request to enter
into an agreement in writing, see Forms 116 [3501] (no agreement in existence) and 117 [3503] (insufficient agreement in
existence) post.
As to the model clauses, see the Agricultural Holdings Act 1986 s 7, Paragraph 3218 [2062] post and Form 102 [3051] post.
As to the specified matters, see the Agricultural Holdings Act 1986, Sch 1 and Paragraph 319 [2046] post.
See the Agricultural Holdings Act 1986 s 6(1). For a form of notice requiring arbitration, see Form 118 [3505] post.
[2043]
317
The award on reference to arbitration
Where the landlord or the tenant of an agricultural holding refers the terms of the tenancy to statutory arbitration, the
arbitrators award:
317.1 must specify the existing terms of the tenancy subject to any agreed variations 1;
317.2 in so far as the terms as so varied neither make provision for the matters specified in the Agricultural Holdings
Act 19862 nor make provision inconsistent with them, must make provision for all the scheduled matters having
such effect as the parties may agree or, in default of their agreement, as appears to the arbitrator to be
reasonable and just3; and
317.3 may include any further provisions relating to the tenancy agreed by the landlord and the tenant 4.
Where it appears to the arbitrator that by reason of any provision required to be included in his award it is
equitable that the rent of the holding should be varied, he may vary the rent accordingly 5. The arbitrators award in
such circumstances has effect as if its terms and provisions were contained in a written agreement entered into between
the landlord and the tenant with effect from the date of the award or such later date as may be specified in it 6. The
arbitrators award does not, however, take effect as the grant of a new tenancy but as a variation of the terms of the preexisting tenancy7.
In addition to the scheduled matters 8, the arbitrator should specify which of the parties is liable for
maintenance work and repair of fixed equipment 9.
1
2
3
4
5
6
7
8
9
See the Agricultural Holdings Act 1986 s 6(2)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the specified matters, see the Agricultural Holdings Act 1986, Sch 1 and Paragraph 319 [2046] post.
See the Agricultural Holdings Act 1986 s 6(2)(c).
As to the scheduled matters, see Paragraph 319 [2046] post.
As to fixed equipment generally, see Paragraphs 320 [2061] and 321 [2062] post.
[2044]
318
Effect of landlords request for a written agreement on tenants ability to dispose of the holding
Where the terms of the tenancy neither make provision for, nor make provision inconsistent with a prohibition on
assignment, subletting or parting with possession of the holding or any part of it without the landlords consent in
writing1, the effect of a landlords written request to the tenant to enter into an agreement in writing embodying all the
terms of the tenancy and containing provision for all the specified matters is to preclude the tenant from assigning,
subletting or parting with possession during the period while the determination of the terms of the tenancy is pending 2.
If in such circumstances the tenant proceeds to assign, sublet or part with possession, the transaction is void 3.
1
2
Ie the matter specified in the Agricultural Holdings Act 1986, Sch 1 para 9 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 6(5). For the purposes of the Agricultural Holdings Act 1986 s 6(5) the period while the
determination is pending is treated as the period beginning with the date of service of the landlords request on the tenant and
ending with the date on which an agreement is concluded in accordance with that request, or with the date on which the
arbitrators award on the reference takes effect: see the Agricultural Holdings Act 1986 s 6(6).
[2045]
319
The specified matters
The matters for which provision is to be made in written tenancy agreements are:
319.1 the names of the parties1;
319.2 particulars of the holding with sufficient description, by reference to a map or plan, of the fields and other
parcels of land comprised in the holding to identify its extent 2;
319.3 the term or terms for which the holding or different parts of it is or are agreed to be let 3;
319.4 the rent reserved and the dates on which it is payable 4;
319.5 the incidence of the liability for rates (including drainage rates) 5;
319.6 a covenant by the tenant, in the event of destruction by fire of harvested crops grown on the holding for
consumption on it, to return to the holding the full equivalent manurial value of the crops destroyed, in so far as
the return of that value is required for the fulfilment of his responsibilities to farm in accordance with the rules
of good husbandry6;
319.7 a covenant by the tenant (except where the interest of the tenant is held for the purposes of a government
department or where the tenant has made provision approved by the Minister in lieu of such insurance) to insure
against damage by fire all dead stock on the holding and all harvested crops grown on the holding for
consumption on it7;
319.8 a power for the landlord to re-enter on the holding in the event of the tenant not performing his obligations
under the agreement8; and
319.9 a covenant by the tenant not to assign, sublet or part with possession of the holding or any part of the holding
without the landlords consent in writing9.
[2046]
1
2
3
4
5
6
7
8
9
See the Agricultural Holdings Act 1986 s 6, Sch 1 para 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986, Sch 1 para 2.
See the Agricultural Holdings Act 1986, Sch 1 para 6. As to the rules of good husbandry, see the Agriculture Act 1947 s 11 (1
Halsburys Statutes (4th Edn) AGRICULTURE): see the Agricultural Holdings Act 1986 s 96(3).
See the Agricultural Holdings Act 1986, Sch 1 para 7. The Minister means, in relation to England, the Minister of Agriculture,
Fisheries and Food, and in relation to Wales, the Secretary of State for Wales: see the Agricultural Holdings Act 1986 s 96(1).
[2047][2060]
2: TERMS AS TO FIXED EQUIPMENT
(a) Meaning of terms
320
Meaning of fixed equipment
The Agricultural Holdings Act 1986 contains special provisions relating to fixed equipment 1.
Fixed equipment includes any building or structure affixed to land and any works on, in, over or under
land, and also includes anything grown on land for a purpose other than use after severance from the land, consumption
of the thing grown or of its produce, or amenity, and any reference to fixed equipment on land must be construed
accordingly2.
1
2
See the Agricultural Holdings Act 1986 ss 711 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[2061]
321
The model clauses
There are regulations1 prescribing terms as to the maintenance, repair and insurance of fixed equipment, such terms
being referred to as the model clauses 2. The model clauses are deemed to be incorporated in every contract of tenancy
of an agricultural holding except in so far as they would impose on one of the parties to an agreement in writing a
liability which under the agreement is imposed on the other 3.
1
2
3
The regulations at present in force are the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations
1973/1473 as amended by SI 1988/281. Regulations under the Agricultural Holdings Act 1986 s 7 (1 Halsburys Statutes (4th
Edn) AGRICULTURE) may make provision for any matter arising under them to be determined by arbitration: see the Agricultural
Holdings Act 1986 s 7(2).
For an example of specific incorporation of the model clauses, see Form 101 clauses 6.29 [3012] and 7.1 [3019] post. For the
wording of the model clauses, see Form 102 [3051] post.
[2062][2070]
(b) Referring terms to arbitration
322
Reference to arbitration where terms inconsistent with model clauses
Where an agreement in writing relating to a tenancy of an agricultural holding effects substantial modifications in the
operation of the model clauses, then, subject to certain restrictions, the landlord or the tenant of the holding may, if he
has requested the other to vary the terms of the tenancy as to the maintenance, repair and insurance of fixed equipment
so as to bring them into conformity with the model clauses but no agreement has been reached on the request, refer
those terms of the tenancy to arbitration1.
1
See the Agricultural Holdings Act 1986 s 8(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). Where there has been a
reference under the Agricultural Holdings Act 1986 s 8 relating to a tenancy, no further such reference relating to that tenancy
may be made before the expiry of three years from the coming into effect of the arbitrators award on the previous reference: see
the Agricultural Holdings Act 1986 s 8(6). For a form of request to vary the terms, see Form 119 [3506] post and for a form of
reference to arbitration, see Form 120 [3508] post.
[2071]
323
Duties of the arbitrator
On any such reference the arbitrator must consider whether (disregarding the rent payable for the holding) the terms
referred to arbitration are justifiable having regard to the circumstances of the holding and of the landlord and the
tenant. If he determines that they are not so justifiable, he may vary them in such manner as appears to him reasonable
and just between the landlord and the tenant 1. Where it appears to the arbitrator on any such reference that by reason of
any provision included in his award it is equitable that the rent of the holding should be varied, he may vary the rent
accordingly2.
1
2
See the Agricultural Holdings Act 1986 s 8(4). As to the referral of rent to arbitration, see Paragraphs 334 [2116]342 [2125]
post.
[2072]
324
Effect of the award in relation to terms as to fixed equipment
The arbitrators award has effect as if the terms and provisions specified and made in the award were contained in an
agreement in writing entered into by the landlord and tenant and having effect (by way of variation of the agreement
previously in force in respect of the tenancy) as from the making of the award or, if the award so provides, from such
later date as may be specified 1.
1
[2073]
325
Transitional provisions where liability for fixed equipment transferred
Where the liability for the maintenance or repair of any item of fixed equipment is transferred from the tenant to the
landlord1, the landlord may (within the prescribed period 2 beginning with the date on which the transfer takes effect)
require the amount of any relevant compensation to be determined by arbitration and paid by the tenant 3.
Where the liability for the maintenance or repair of any item of fixed equipment is transferred from the
landlord to the tenant4, any claim by the tenant in respect of any previous failure by the landlord to discharge such
liability must be determined by arbitration if (within the prescribed period beginning with the date on which the transfer
takes effect) the tenant so requires5.
Where the terms of the tenancy of an agricultural holding as to the maintenance, repair or insurance of fixed
equipment (whether established by the operation of the model clauses 6 or by agreement) are varied by new model
clauses7 then, if a reference of the terms of the tenancy to an arbitrator 8 is made within the prescribed period after the
coming into operation of the new regulations, the arbitrator must, for the purposes of that reference, disregard the
variation9.
[2074]
1
2
3
4
5
6
7
8
9
Ie by the Agricultural Holdings Act 1986 ss 68 (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to the meaning of fixed
equipment, see Paragraph 320 [2061] ante.
Prescribed means prescribed by the Minister by regulations: see the Agricultural Holdings Act 1986 s 96(1). For the current
regulations, see the Agriculture (Miscellaneous Time Limits) Regulations 1959/171.
See the Agricultural Holdings Act 1986 s 9(1). Relevant compensation means compensation that would have been payable
(either under the Agricultural Holdings Act 1986 s 71(1) or in accordance with section 71(3) of that Act) in respect of any
previous failure by the tenant to discharge the liability referred to in section 9(1) if the tenant had quitted the holding on the
termination of his tenancy at the date on which the transfer of liability takes effect: see the Agricultural Holdings Act 1986 s
9(2). For a form of requirement by the landlord for arbitration as to compensation, see Form 123 [3513] post. As to landlords
claims for compensation generally, see Paragraphs 458 [2526]460 [2528] post.
Ie by the provisions of the Agricultural Holdings Act 1986 ss 68. As to the meaning of fixed equipment, see Paragraph 320
[2061] ante.
See the Agricultural Holdings Act 1986 s 9(3). For a form of notice of requirement by the tenant for arbitration, see Form 122
[3511] post.
As to the model clauses, see Paragraph 321 [2062] ante.
Ie new terms prescribed by regulations made under the Agricultural Holdings Act 1986 s 7.
Ie a reference under the Agricultural Holdings Act 1986 s 6. As to arbitration of the terms of the tenancy, see Paragraphs 316
[2043]319 [2046] ante.
[2075][2090]
(c) Removal of fixtures
326
Tenants right to remove fixtures and buildings
At any time during the continuance of the tenancy or before the expiry of two months from its termination the tenant
may, subject to certain conditions, remove:
326.1 any engine, machinery, fencing or other fixture of whatever description affixed, whether for the purposes of
agriculture or not, to an agricultural holding by the tenant 1; and
326.2 any building erected by him on the holding2.
Such fixtures and buildings remain the property of the tenant so long as he may remove them 3. The tenants right of
removal applies to a fixture or building acquired by him as it relates to a fixture or building affixed or erected by him 4.
This statutory right of removal does not prejudice any right to remove a fixture which may otherwise subsist 5.
1
2
3
4
5
[2091]
327
Fixtures to which right of removal does not apply
The statutory right of removal does not apply to:
327.1 a fixture affixed or a building erected in pursuance of some obligation 1;
327.2 a fixture affixed or a building erected instead of some fixture or building belonging to the landlord 2;
327.3 a building in respect of which the tenant is entitled to compensation under the Agricultural Holdings Act 1986
or otherwise3; or
327.4 a fixture affixed or a building erected before 1 January 1884 4.
1
2
3
4
See the Agricultural Holdings Act 1986 s 10(2)(d).
[2092]
328
Conditions to be fulfilled by tenant
The right of removal is not exercisable in relation to a fixture or building unless the tenant:
328.1 has paid all rent owing by him and has performed or satisfied all his other obligations to the landlord in respect
of the holding1; and
328.2 has, at least one month before the exercise of the right and the termination of the tenancy, given to the landlord
written notice of his intention to remove the fixture or building 2.
1
See the Agricultural Holdings Act 1986 s 10(3)(b). If, before the expiry of the tenants notice, the landlord gives to the tenant a
counter-notice in writing electing to purchase a fixture or building comprised in the notice, the tenants right of removal under
the Agricultural Holdings Act 1986 s 10(1) ceases to apply to that fixture or building, but in that case the landlord becomes liable
to pay the tenant the fair value of such fixture or building to an incoming tenant of the holding: see the Agricultural Holdings Act
1986 s 10(4).
For a notice of intention to remove fixtures or buildings, see Form 135 [3536] post. For a counter-notice electing to
purchase, see Form 136 [3538] post.
[2093][2100]
(d) Provision of fixed equipment by landlord
329
Direction to carry out work to enable tenant to comply with statutory requirements
Where, on an application by the tenant of an agricultural holding 1, an agricultural land tribunal is satisfied that it is
reasonable, having regard to the tenants responsibilities to farm the holding in accordance with the rules of good
husbandry2, that the tenant should carry on an agricultural activity to the extent and in the manner specified in the
application, and that either
329.1 the tenant, in carrying on that activity to that extent and in that manner, will contravene requirements imposed
by or under any enactment unless fixed equipment is provided on the holding 3; or
329.2 it is reasonable that the tenant should use, for purposes connected with that activity, fixed equipment already
provided on the holding but that, unless that equipment is altered or repaired, the tenant will contravene such
statutory requirements4,
then the tribunal may direct the landlord to carry out, within a specified period, such work for the provision or
alteration or repair of that fixed equipment as will enable the tenant to comply with the relevant statutory
requirements5.
1
2
3
4
5
For the form of application, see Form 176 [3810] post.

As to the rules of good husbandry, see the Agriculture Act 1947 s 11 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see the
Agricultural Holdings Act 1986 s 96(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 11(1)(a).
[2101]
330
Restriction where activity constitutes a substantial alteration of the type of farming
Where it appears to a tribunal that an agricultural activity specified in the tenants application for the landlord to be
directed to carry out work for the provision or alteration or repair of fixed equipment to enable the tenant to comply
with statutory requirements has not been carried on on the holding continuously for a period of at least three years
immediately preceding the making of the application, they must not direct the landlord to carry out work in connection
with that activity unless they are satisfied that the starting of the activity did not, or (where the activity has not yet been
started) will not, constitute or form part of a substantial alteration of the type of farming carried on on the holding 1.
1
[2102]
331
Other restrictions on direction
A tribunal must not direct the landlord to carry out work for the provision or alteration or repair of fixed equipment to
enable the tenant to comply with relevant statutory requirements unless they are satisfied that:
331.1 it is reasonable to do so, having regard to:
331.1.1 the landlords responsibilities to manage the land comprised in the holding in accordance with the
rules of good estate management 1,
331.1.2 the period for which the holding may be expected to remain a separate holding, and
331.1.3 any other material consideration2;
and
331.2 the landlord has refused to carry out that work on being requested in writing to do so by the tenant, or has not
agreed to carry it out within a reasonable time after being so requested 3.
A tribunal must not direct the landlord to carry out work if he is under a duty to carry out the work in order to comply
with a statutory requirement, or if provision is made by the contract of tenancy (or by any other agreement between the
landlord and the tenant) for the carrying out of work by one of them 4.
1
2
3
4
As to the rules of good estate management, see the Agriculture Act 1947 s 10 (1 Halsburys Statutes (4th Edn) AGRICULTURE):
see the Agricultural Holdings Act 1986 s 96(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[2103]
332
Tenants remedies
If the landlord fails to comply with a direction of the tribunal, the tenant has the same remedies as if the contract of
tenancy had contained an undertaking by the landlord to carry out the work required within the period allowed by the
tribunal1.
1
See the Agricultural Holdings Act 1986 s 11(5) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The tenant may carry out the
work himself and recover the reasonable cost of it from the landlord despite any term in the contract of tenancy restricting the
tenant from carrying out alterations to the holding: see the Agricultural Holdings Act 1986 s 11(6). Any reference to the
reasonable cost of work carried out by a tenant who has received a grant in respect of the work out of money provided by
Parliament is to be construed as a reference to the reasonable cost reduced by the amount of the grant: see the Agricultural
[2104]
333
Extension of time limit
An agricultural land tribunal may on an application by the landlord extend, or further extend, the period specified in a
direction if it is shown that the specified period (or that period as previously extended by the tribunal) will not allow
sufficient time both for the completion of preliminary arrangements necessary or desirable in connection with the work
required1 and for the carrying out of the work 2.
1
2
These preliminary arrangements include in appropriate cases the determination of an application by the landlord for a grant in
respect of the work: see the Agricultural Holdings Act 1986 s 11(7) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[2105][2115]
3: TERMS AS TO RENT
(a) Arbitration
334
Demand for referral
The landlord or the tenant of an agricultural holding may serve written notice on the other demanding that the rent
payable in respect of the holding as from the next termination date 1 be referred to arbitration2.
1
References in the Agricultural Holdings Act 1986 s 12, Sch 2 (1 Halsburys Statutes (4th Edn) AGRICULTURE) to the next
termination date following the date of the demand for arbitration are construed as references to the next day, following the date
of the demand, on which the tenancy could have been determined by notice to quit given at the date of the demand: see the
Agricultural Holdings Act 1986 s 12(4). For a form of demand for arbitration of rent payable, see Form 130 [3526] post.
[2116]
335
Duty of the arbitrator
On a reference of rent to arbitration the arbitrator must:
335.1 determine what rent is properly payable 1 in respect of the holding at the date of the reference; and
335.2 accordingly, with effect from the next termination date following the date of the demand for arbitration, increase
or reduce the rent previously payable or direct that it should continue unchanged 2.
1
2
As to the meaning of rent properly payable, see Paragraph 336 [2118] post.
[2117]
336
Rent properly payable
For the purposes of a reference of rent to arbitration, the rent properly payable 1 in respect of a holding is the rent at
which the holding might reasonably be expected to be let by a prudent and willing landlord to a prudent and willing
tenant, taking into account all relevant factors, including in every case:
336.1 the terms of the tenancy (including those relating to rent);
336.2 the character and situation of the holding (including the locality in which it is situated);
336.3 the productive capacity2 of the holding and its related earning capacity3; and
336.4 the current level of rents for comparable lettings 4.
1
2
See the Agricultural Holdings Act 1986 s 12(5), Sch 2 para 1(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Productive capacity means the productive capacity of the holding (taking into account fixed equipment and any other available
facilities on the holding) on the assumption that it is in the occupation of a competent tenant practising a system of farming
suitable to the holding: see the Agricultural Holdings Act 1986, Sch 2 para 1(2)(a).
Related earning capacity means the extent to which, in the light of the productive capacity of the holding (as to which see note
2 above), a competent tenant practising a system of farming suitable to the holding could reasonably be expected to profit from
farming the holding: see the Agricultural Holdings Act 1986, Sch 2 para 1(2)(b).
As to the current level of rents for comparable lettings, see Paragraph 337 [2119] post.
[2118]
337
Current level of rents
In determining the current level of rents for comparable lettings 1, the arbitrator must take into account any available
evidence with respect to the rents (whether fixed by agreement between the parties or by arbitration under statute) that
are, or are likely to become, payable in respect of tenancies of comparable agricultural holdings on terms (other than
those fixing the rent) similar to those of the tenancy under consideration 2. However, the arbitrator must disregard:
337.1 any element of the rents in question due to an appreciable scarcity of comparable holdings available for letting
on such terms compared with the number of persons seeking to become tenants of such holdings on such
terms3;
337.2 any element of those rents due to the fact that the tenant of, or a person tendering for, any comparable holding is
in occupation of other land in the vicinity of that holding that may conveniently be occupied together with that
holding4; and
337.3 any effect on those rents due to any allowances or reductions made in consideration of the charging of
premiums5.
1
2
3
4
5
Ie for the purposes of the Agricultural Holdings Act 1986 s 12(5), Sch 2 para 1(1) (1 Halsburys Statutes (4th Edn)
AGRICULTURE).
See the Agricultural Holdings Act 1986, Sch 2 para 1(3).
See the Agricultural Holdings Act 1986, Sch 2 para 1(3)(a).
See the Agricultural Holdings Act 1986, Sch 2 para 1(3)(b).
See the Agricultural Holdings Act 1986, Sch 2 para 1(3)(c).
[2119]
338
Matters to be disregarded
In determining the rent properly payable, the arbitrator must disregard any increase in the rental value of the holding
due to:
338.1 tenants improvements1 or fixed equipment2 other than improvements executed or equipment provided under an
obligation imposed on the tenant by the terms of his contract of tenancy3;
338.2 landlords improvements4 in so far as the landlord has received or will receive grants out of money provided by
Parliament or local government funds in respect of their execution 5; and
338.3 milk quota transferred to the tenant at the tenants expense 6.
The arbitrator must also disregard any effect on the rent of the fact that the tenant who is a party to the
arbitration is in occupation of the holding7, and must not fix the rent at a lower amount by reason of any dilapidation or
deterioration of, or damage to, buildings or land caused or permitted by the tenant 8.
[2120]
1
3
4
5
6
7
8
Tenants improvements means any improvements executed on the holding in so far as they are executed wholly or partly at the
expense of the tenant (whether or not that expense has been or will be provided by Parliament or local government funds)
without any equivalent allowance or benefit made or given by the landlord in consideration of their execution: see the
Agricultural Holdings Act 1986 s 12(5), Sch 2 para 2(2)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Where the tenant has held a previous tenancy of the holding, the reference to any improvements as mentioned in the above
definition extends to improvements executed during that tenancy, but excludes any improvement in respect of which the tenant
received any compensation on the termination of that or any other tenancy: see the Agricultural Holdings Act 1986, Sch 2 para
2(3)(a). The continuous adoption by the tenant of a system of farming more beneficial to the holding than the system of farming
required by the contract of tenancy or, in so far as no system is required, than the system of farming normally practised on
comparable agricultural holdings, is to be treated as an improvement executed at his expense: see the Agricultural Holdings Act
1986, Sch 2 para 2(4).
Tenants fixed equipment means fixed equipment provided by the tenant: see the Agricultural Holdings Act 1986, Sch 2 para
2(2)(b). Where the tenant has held a previous tenancy of the holding, then the reference to such equipment in this definition
extends to equipment provided during that tenancy, but excludes any equipment so provided in respect of which the tenant
received any compensation on the termination of that or any other tenancy: see the Agricultural Holdings Act 1986, Sch 2 para
2(3)(b). As to fixed equipment generally, see Paragraphs 320 [2061] and 321 [2062] ante.
See the Agricultural Holdings Act 1986, Sch 2 para 2(1)(a).
Landlords improvements means improvements executed on the holding by the landlord: see the Agricultural Holdings Act
1986, Sch 2 para 2(2)(c).
See the Agriculture Act 1986 s 15 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986, Sch 2 para 3(a).
See the Agricultural Holdings Act 1986, Sch 2 para 3(b).
[2121]
339
Time when demand ceases to be effective
A demand for arbitration of rent ceases to be effective on the next termination date following the date of the demand
unless, before such termination date:
339.1 an arbitrator has been appointed by agreement between the parties 1; or
339.2 an application has been made to the President of the Royal Institution of Chartered Surveyors for the
appointment of an arbitrator by him2.
1
2
See the Agricultural Holdings Act 1986 s 12(3)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For forms of appointment of
an arbitrator by agreement, see Forms 141 [3583] and 142 [3587] post.
[2122]
340
Frequency of arbitration
A demand for arbitration of rent is not effective if the next termination date following the date of the demand falls
earlier than the end of three years from:
340.1 the commencement of the tenancy1; or
340.2 the date as from which a previous increase or reduction in rent, whether made under the Agricultural Holdings
Act 19862 or otherwise, took effect 3; or
340.3 the date as from which there took effect a previous direction of an arbitrator that the rent should continue
unchanged4.
1
2
3
See the Agricultural Holdings Act 1986 s 12(5), Sch 2 para 4(1)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to
construction of references to the commencement of the tenancy, see Paragraphs 341 [2124] and 342 [2152] post.
Ie under the Agricultural Holdings Act 1986 s 12.
See the Agricultural Holdings Act 1986, Sch 2 para 4(1)(b). Where a reduction in rent is agreed in consequence of a change in
the fixed equipment provided by the landlord, the date of the reduction will not affect the calculation of the three-year period
(see the Agricultural Holdings Act 1986, Sch 2 para 4(2)(b)), however a reduction in rent consequent upon a change in the
holding itself (even if only the surrender of a building) will trigger a new three-year period: Mann v Gardner (1990) 61 P & CR
1, CA.
See the Agricultural Holdings Act 1986, Sch 2 para 4(1)(c).
[2123]
341
New holdings
Where a tenancy of an agricultural holding (the new holding) commences under a contract of tenancy between:
341.1 a person who immediately before the date of the commencement of the tenancy was entitled to a severed part of
the reversionary estate in an agricultural holding (the original holding) in which the new holding was then
comprised1, and
341.2 the person who immediately before that date was the tenant of the original holding 2;
and where the rent payable in respect of the new holding at the commencement of the tenancy of that holding
represents merely the appropriate portion of the rent payable in respect of original holding immediately before the
commencement of that tenancy3, the statutory reference to the commencement of the tenancy 4 is to be read as referring
to the commencement of the original tenancy and the references to the rent 5 are to be read as references to the rent
payable in respect of the original holding 6. This construction continues until the first occasion following the
commencement of the tenancy of the new holding on which any such increase or reduction of or direction with respect
to the rent of the new holding takes effect 7.
1
2
3
4
5
6
See the Agricultural Holdings Act 1986 s 12(5), Sch 2 para 5(1)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie the reference in the Agricultural Holdings Act 1986, Sch 2 para 4(1)(a): see the Agricultural Holdings Act 1986, Sch 2 para
5(2)(a).
Ie references in the Agricultural Holdings Act 1986, Sch 2 para 4(1)(b),(c) to a previous increase or reduction of rent or a
previous direction that rent should continue unchanged: see the Agricultural Holdings Act 1986, Sch 2 para 5(2)(b).
These provisions must, however, be read in conjunction with the Agricultural Tenancies Act 1995 s 4 (particularly s 4(1)(f)) (1
Halsburys Statutes (4th Edn) AGRICULTURE). A termination and regrant may result in the holding becoming a farm business
tenancy and ceasing to be an agricultural holding.
[2124]
342
Variation of boundaries or terms
Where the landlord and the tenant of a holding provide in an agreement (not being an agreement for a new tenancy) for
the adjustment of the boundaries of the holding or for any variation of the terms of the tenancy, excluding those relating
to rent, then, unless the agreement otherwise provides:
342.1 that provision is, for the purpose of the restriction on frequency of demands for arbitration of rent, to be treated
as not operating to terminate the tenancy and accordingly as not resulting in the commencement of a new
tenancy between the parties1, and
342.2 any increase or reduction in rent solely attributable to any such adjustment or variation is to be disregarded for
the purposes of ascertaining the date from which there took effect a previous increase or reduction in rent 2.
1
2
See the Agricultural Holdings Act 1986 s 12(5), Sch 2 para 6(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986, Sch 2 para 6(b). This provision is clearly directed towards minor adjustments in
boundaries without any substantial alteration in the extent of the holding involved and does not apply to, eg, the surrender of a
farmhouse: see Mann v Gardner (1990) 61 P & CR 1 at 10, CA.
[2125][2140]
(b) Increases in rent for landlords improvements
343
Notice of increase
Where the landlord of an agricultural holding has carried out on the holding certain specified improvements 1, he may,
within six months of the completion of the improvement, serve written notice on the tenant to increase the rent of the
holding as from the completion of the improvement. The rent may be increased by an amount equal to the increase in
the rental value attributable to the carrying out of the improvement 2.
1
2
As to the specified improvements, see Paragraph 344 [2142] post.

See the Agricultural Holdings Act 1986 s 13(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For a form of notice of
increase of rent, see Form 132 [3530] post.
[2141]
344
The specified improvements
The specified improvements are:
344.1 an improvement carried out at the request of, or in agreement with, the tenant 1;
344.2 an improvement involving the provision, alteration or repair of fixed equipment carried out in compliance with
a direction given by an agricultural land tribunal2;
344.3 a long term improvement, where the tribunal has given approval to the tenant and the landlord has served
written notice on the tribunal and the tenant that he (the landlord) proposes to carry out the work himself 3;
344.4 an improvement carried out in compliance with a direction given by the Minister 4 under powers conferred on
him by or under any enactment5;
344.5 works executed on the holding to comply with the requirements of a notice under the Agriculture (Safety,
Health and Welfare Provisions) Act 1956 in connection with the provision of sanitary conveniences and
washing facilities6;
344.6 an improvement carried out in compliance with an improvement notice served, or an undertaking accepted,
under the Housing Act 19857 (improvement notices) or the Housing Act 1974 8 (compulsory improvement of
dwellings)9.
[2142]
1
2
3
4
5
6
7
8
9
See the Agricultural Holdings Act 1986 s 13(2)(b). As to the provision, alteration and repair of fixed equipment, see Paragraphs
320 [2061] and 321 [2062] ante.
See the Agricultural Holdings Act 1986 s 13(2)(c). As to long term improvements for which the landlords consent or a tribunals
approval is required, see Paragraph 428 [2431] post.
The Minister means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Wales, the
Secretary of State for Wales: see the Agricultural Holdings Act 1986 s 96(1).
See the Agricultural Holdings Act 1986 s 13(2)(e).
Ie the Housing Act 1985 Pt VII (ss 209238) (repealed by the Local Government and Housing Act 1989 ss 165(2), 194(4), Sch
12 Pt II).
Ie the Housing Act 1974 Pt VIII (ss 85104) (repealed by the Housing (Consequential Provisions) Act 1985 s 3, Sch 1 Pt I).
See the Agricultural Holdings Act 1986 s 13(2)(f).
[2143]
345
Restrictions on increases
An increase of rent may not be made in respect of an improvement falling within the Agricultural Holdings Act 1986
section 13(2)(a), (b) or (f) 1 if, within six months from its completion, the landlord and the tenant agree on any increase
in rent or other benefit to the landlord in respect of the improvement 2.
The amount of the increase in rent must be reduced proportionately:
345.1 in the case of an improvement relating to fixed equipment, carried out in compliance with a direction of an
Agricultural Land Tribunal 3, where a grant has been made to the landlord in respect of the improvement out of
money provided by Parliament4;
345.2 in the case of any other improvement listed above 5, where a grant has been made to the landlord in respect of
the improvement out of money provided by Parliament or local government funds 6; and
345.3 in the case of an improvement carried out in compliance with an improvement notice 7, where the tenant has
contributed to the cost incurred by his landlord in carrying out the improvement 8.
1
2
3
4
5
6
7
8
As to these improvements, see sub-paragraphs 344.1, 344.2 and 344.6 [2142] ante.
Ie an improvement within the Agricultural Holdings Act 1986 s 13(2)(b), as to which see sub-paragraph 344.2 [2142] ante.
Ie the improvements set out in the Agricultural Holdings Act 1986 s 13(2)(a), (c)(f).
Ie an improvement within the Agricultural Holdings Act 1986 s 13(2)(f), as to which see sub-paragraph 344.6 [2142] ante.
[2144]
346
Application of provisions
The provisions relating to the increase of rent for landlords improvements apply to an improvement 1 whether or not it
is one for the carrying out of which compensation is provided under the Agricultural Holdings Act 1986 Parts V 2 or
VI3.
1
2
3
See the Agricultural Holdings Act 1986 Pt V (ss 6078) providing for compensation on termination of tenancy. As to
compensation for improvements, see Paragraphs 421 [2401]433 [2442] post.
See the Agricultural Holdings Act 1986 Pt VI (ss 7982), market gardens and smallholdings. As to compensation for
improvements to market gardens, see Paragraphs 442 [2471]445 [2474] post.
[2145]
347
Disputes
Any dispute arising between the landlord and the tenant of the holding under the above provisions as to rent increases
must be determined by arbitration under the Agricultural Holdings Act 1986 1.
1
[2146][2155]
(c) Reduction in rent
348
Reduction in rent where notice is given to quit part of holding
Where the landlord of an agricultural holding resumes possession of part of the holding 1 either by virtue of the
statutory provisions validating in certain cases a notice to quit part of the holding 2 or in pursuance of a similar
provision contained in the contract of tenancy 3, the tenant is entitled to a reduction in rent proportionate to that part of
the holding. He is also entitled to a reduction in respect of any depreciation in the value to him of the residue of the
holding caused by the severance or by the use to be made of the part severed 4. The amount by which the rent is reduced
must, in default of agreement made after the landlord resumes possession of the part of the holding concerned, be
determined by arbitration5.
1
2
3
4
5
See the Agricultural Holdings Act 1986 s 33(1)(a) (1 Halsburys statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 31(1). As to notice to quit part, see Paragraphs 372 [2245] and 373 [2246] post.
See the Agricultural Holdings Act 1986 s 33(1)(b). In any case falling within the Agricultural Holdings Act 1986 s 33(1)(b) that
has to be determined by arbitration, the arbitrator, in assessing the amount of the reduction, must take into consideration any
benefit or relief allowed to the tenant under the contract of tenancy in respect of the land of which the landlord has resumed
possession: see the Agricultural Holdings Act 1986 s 33(3).
[2156][2160]
4: TERMS AS TO DISTRESS
349
Introduction
In general the landlord of an agricultural holding is not entitled to distrain for rent that became due in respect of that
holding more than one year before the making of the distress 1. Where, however, according to the ordinary course of
dealing between the landlord and the tenant of the holding, the payment of rent has been deferred until the expiry of a
quarter or half-year after the date at which the rent legally became due, the rent is deemed for this purpose to have
become due at the expiry of that quarter or half-year and not at the date when it became legally due 2.
1
2
[2161]
350
Compensation to be set off against rent for purposes of distress
Where the amount of any compensation due to the tenant of an agricultural holding, whether under the Agricultural
Holdings Act 1986 or under custom or agreement, has been ascertained before the landlord distrains for rent, that
amount may be set off against the rent and the landlord is not entitled to distrain for more than the balance 1.
1
[2162]
351
Restrictions on distraint on property of third party
The landlord may not distrain for rent on property belonging to a person other than the tenant of an agricultural holding
if:
351.1 the property is either agricultural or other machinery and is on the holding under an agreement with the tenant
for its hire or use in the conduct of his business1; or
351.2 the property is livestock2 and is on the holding for breeding purposes3.
1
2
3
For the purposes of see the Agricultural Holdings Act 1986 s 18 livestock includes any animal capable of being distrained: see
the Agricultural Holdings Act 1986 s 18(5). For the general definition of livestock, see Paragraph 309 [2017] ante.
[2163]
352
Restriction on distraining agisted livestock
The landlord of an agricultural holding may not distrain agisted livestock 1 where there is other sufficient distress to be
found2. If agisted livestock is distrained because other sufficient distress is not found, the sum recovered by the distress
must not exceed the amount of the price agreed to be paid for the feeding or any part of the price which remains
unpaid3.
The owner of the agisted livestock may, at any time before it is sold, redeem it by paying to the distrainer a
sum equal to the agreed feeding price or any unpaid part of it, and payment of that sum operates as a full discharge as
against the tenant of any sum of that amount that would otherwise be due from the owner of the livestock to the tenant
in respect of the price of feeding 4.
Any portion of the agisted livestock, so long as it remains on the holding, continues liable to be distrained for
the amount for which the whole of the livestock is distrainable 5.
1
2
3
4
5
Agisted livestock means livestock belonging to another person that has been taken in by the tenant of an agricultural holding to
be fed at a fair price: see the Agricultural Holdings Act 1986 s 18(5) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to
agistment, see further vol 2(2) (1998 Reissue) AGRICULTURE Paragraph 101 [734] et seq .
[2164][2170]
E: LETTINGS CONFERRING NO SECURITY OF TENURE

1: INTRODUCTION
353
Excluding security
The consequences to a landowner of the grant of a tenancy in terms of the devaluation of the freehold, the fiscal
consequences of a letting, the extent of security of tenure (in some instances extending to two subsequent generations
of the tenant) and the loss of control generally of the land were such that, prior to the enactment of the Agricultural
Tenancies Act 19951, many landowners considered alternative arrangements for the occupation of agricultural land, not
involving the creation of a tenancy or, at the very least, involving the creation of a tenancy conferring no security of
tenure2.
The distinction between a lease and a licence, which is of importance in the context of business 3 and
residential4 tenancies, is also of significance in relation to the statutory protection for agricultural tenants 5. Exclusive
possession is of primary importance when considering whether a legal relationship is that of licensor and licensee or
landlord and tenant6.
1
2
3
4
5
6
As to the limited security of tenure provided by the Agricultural Tenancies Act 1995 (1 Halsburys Statutes (4th Edn)
AGRICULTURE), see Paragraph 71 [81] et seq ante.
As to lettings with the Ministers prior consent, see Paragraphs 354 [2181]356 [2184] post; as to tenancies for more than one
but less than two years, see Paragraphs 357 [2191] and 358 [2192] post; as to grazing and/or mowing agreements, see
Paragraphs 359 [2201]363 [2204] post and as to lettings to employees, see Paragraph 363 [2211] post. As avoiding the creation
of an agricultural holding, see Paragraphs 364 [2216]367 [2220] post.
As to business tenancies, see vols 22(1) - (3) (1996-1997 Reissue) LANDLORD AND TENANT (Business Tenancies).
As to residential tenancies, see vol 23 LANDLORD AND TENANT.
As to leases and licences, see Paragraphs 4.1 [7] and 310 [2026]313 [2029] ante and 356 [2184], 366 [2218] and 367 [2220]
post.
As to the distinction between a tenancy and a licence, and the significance of exclusive possession, see Paragraph 7 [10] ante and
27(1) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT para 6 et seq. Farming arrangements that exclude the
grantor from agricultural exploitation of the land may result in security of tenure arising in favour of the grantee: see Padbury v
York [1990] 2 EGLR 3.
[2171][2180]
2: AGREEMENTS EXCLUDED FROM SECURITY WITH THE MINISTERS CONSENT
354
Tenancies for less than a year
Although lettings for an interest less than a tenancy from year to year, and licences of any duration, granted before 1
September 1995, under which a tenant or licensee was permitted to occupy agricultural land, fell to be converted into
tenancies from year to year under the Agricultural Holdings Act 1986 1, this provision did not apply where:
354.1 the agreement was approved by the Minister2 before it was entered into3; or
354.2 the agreement, or grant of a licence, was made in contemplation of the use of the land only for grazing or
mowing (or both) during some specified period of the year 4; or
354.3 the agreement, or grant of a licence, was made by a person whose interest in the land was less than a tenancy
from year to year (which had not taken effect as such a tenancy by virtue of the provisions of the Agricultural
Holdings Act 1986 section 2)5.
The Agricultural Holdings Act 1986 gave no guidance on the principles to be applied, but in practice the Minister 6 gave
consent only in very limited and restricted circumstances 7. Where, as would normally be the case, conditions 8 were
imposed they had to be strictly observed 9.
[2181]
1
2
3
4
5
6
See the Agricultural Holdings Act 1986 s 2(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 310 [2026]313
[2029] ante. Any dispute as to the operation of the Agricultural Holdings Act 1986 s 2 must be determined by arbitration: see ibid
s 2(4).
See the Agricultural Holdings Act 1986 s 2(3)(a). As to grazing and mowing agreements, see Paragraphs 359 [2201]362 [2204]
post.
The machinery for granting approval by the Ministry was delegated by the Minister of Agriculture, Fisheries and Food to the
divisional surveyor for the Ministry in each particular area of England, and similarly in Wales by the Secretary of State for
Wales. The onus of proof was on the landowner. Where a short term agreement was granted on the same day as the date on the
Ministers form of consent, and the landowner was unable to prove that the Ministers consent was granted earlier in the day, the
restriction in the Agricultural Holdings Act 1986 s 2 on letting agricultural land for less than from year to year was held to
operate and the agreement was converted into a tenancy from year to year: Bedfordshire County Council v Clarke (1974) 230
Estates Gazette 1587.
A statement setting out the policy to be applied in the exercise of the Ministers discretion was laid in the library of the House of
Commons on 19 July 1984. It has been held that an approval of all lettings or licences of a particular type or by a particular
landlord falls within the statutory exception relating to prior ministerial approval in the Agricultural Holdings Act 1986 s 2(1),
but not all lettings or licences whatsoever: Finbow v Air Ministry [1963] 2 All ER 647, [1963] 1 WLR 697. Approval by the
Minister for a specified period did not result in a tenancy granted for a shorter term being outside the terms of the approval: Pahl
v Trevor [1992] 25 EG 130, CA. The Minister merely had to approve the letting of the particular piece of land before any
agreement was made, not the terms of the particular agreement: Epsom and Ewell Borough Council v C Bell (Tadworth) Ltd
[1983] 2 All ER 59, [1983] 1 WLR 379.
See Pahl v Trevor [1992] 25 EG 130, CA.
Bedfordshire County Council v Clarke (1974) 230 Estates Gazette 1587.
[2182]
355
Fixed term leases for a term of between two and five years1
A tenancy of an agricultural holding for a term of two years or more granted before 1 September 1995, instead of
terminating on the term date, continues (as from the term date) as a tenancy from year to year, but otherwise on the
terms of the original tenancy, unless it is terminated in accordance with statute 2.
It is not possible to contract out of this provision 3 except in the case of a tenancy for a term of not less than
two and not more than five years where, before the grant of the tenancy, both prospective parties make a joint
application to the Minister4 for approval of the agreement to exclude the statutory provisions and the Minister notifies
them of his approval5. The contract of tenancy must be in writing and it, or a statement endorsed upon it, must indicate
(in whatever terms) that the Agricultural Holdings Act 1986 section 3 does not apply to the tenancy 6.
1
2
3
4
5
6
These provisions are now relevant only in the case of fixed term leases of between 2 and 5 years granted before 1 September
1995.
See the Agricultural Holdings Act 1986 s 3(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For a form of notice to
determine such a tenancy, see Form 153 [3695]. As to the length of notice, see Paragraph 369 [2242] post.
[2183]
356
Licences
Although the Ministers1 power to give approval to the grant of a tenancy not conferring security of tenure was limited
to a term certain of less than a year or a term certain of between two and five years 2, there was no such restriction on
the Ministers power to grant consent for a licence 3.
However, there is a danger of a licence being found on its true construction to be a tenancy masquerading as a
licence, even though it is described as a licence on its face 4.
1
2
3
4
Ie by the provisions of the Agricultural Holdings Act 1986 ss 2, 5(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE): see
Paragraphs 354 [2181] and 355 [2183] ante.
As to mislabelling of documents, see Paragraph 367 [2220] post.
[2184][2190]
3: TENANCIES FOR MORE THAN ONE BUT LESS THAN TWO YEARS
357
No security of tenure
A tenancy for more than one but less than two years granted before 1 September 1995 conferred on the tenant no
security of tenure under the Agricultural Holdings Act 1986 1. If, however, the agreement provided that there should in
fact be a series of agreements, each for 18 months, it is submitted that such agreements would have been aggregated to
create an agreement for a tenancy of not less than two years, enjoying security of tenure under the Agricultural
Holdings Act 1986.
1
Gladstone v Bower [1960] 2 QB 384, [1960] 3 All ER 353, CA; Johnson v Moreton [1980] AC 37, [1978] 3 All ER 37, HL. See
also Keen v Holland [1984] 1 All ER 75, [1984] 1 WLR 251, CA.
[2191]
358
Whether a tenancy of an agricultural holding
Whether a tenancy for more than one but less than two years was actually a tenancy of an agricultural holding was an
important question. If such a tenancy was not a tenancy of an agricultural holding 1, none of the remaining provisions of
the Agricultural Holdings Act 1986, for example compensation, would apply, and although there would have been no
security of tenure under the Agricultural Holdings Act 1986 2, the tenancy would be protected under the Landlord and
Tenant Act 19543 as a business tenancy. However, the Court of Appeal held 4 that such a tenancy did fall within the
statutory definition of a contract of tenancy as being for a term of years and thus created an agricultural holding 5, which
was not within the Landlord and Tenant Act 19546.
1
The crucial factor was whether it was a letting of land for a term of years or from year to year within the Agricultural Holdings
Act 1986 s 1(5) (1 Halsburys Statutes (4th Edn) AGRICULTURE), as to which see Paragraph 306 [2014] ante.
2
3
4
5
6
As to security of tenure in tenancies for more than one but less than two years, see Paragraph 357 [2191] ante.
Ie the Landlord and Tenant Act 1954 Pt II (ss 2346) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See EWP Ltd v Moore [1992] 1 QB 460, [1992] 1 All ER 880, CA, where a tenancy of agricultural land for a fixed term of 23
months was held to be for a term of years.
For the definitions in the Agricultural Holdings Act 1986 s 1(1),(5), see Paragraphs 304 [2012]309 [2017] ante.
See the Landlord and Tenant Act 1954 s 43(1)(a) as amended by the Agriculture Act 1958 s 8(1), Sch 1 para 29 and the
Agricultural Tenancies Act 1995 s 40 Schedule para 10.
[2192][2200]
4: GRAZING AND MOWING AGREEMENTS
359
Exemption from security
A licence or tenancy made, before 1 September 1995, whether expressly or not, in contemplation of the use of the land
only for grazing or mowing (or both) during some specified period of the year was not converted 1 into a tenancy from
year to year conferring security of tenure on the tenant 2. A grazing agreement did not merely avoid security of tenure
under the Agricultural Holdings Act 1986, but also under the Landlord and Tenant Act 1954 3.
1
2
3
As to conversion of tenancies generally, see Paragraphs 310 [2026]313 [2029] ante.

See the Landlord and Tenant Act 1954 s 43(1)(a) (as amended by the Agriculture Act 1958 s 8(1), Sch 1 para 29 and by the
Agricultural Tenancies Act 1995 s 40, Schedule para 10) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
[2201]
360
Specified period of the year
An agreement that the tenant should occupy for a limited period, but that the agreement would be renewed, caused the
periods to be aggregated for the purposes of determining the true length of the agreement between the parties 1.
The period of the tenancy had to be both specified and less than a year 2, but specific reference to actual dates
was not necessary. Thus a letting for the grazing season was sufficient 3. A letting for six months periods was outside
the exception, since it implied a minimum of two such periods 4. Even an agreement for the letting of land for a full year
fell within the exception if the mutual contemplation of the parties, as found by the court, was that the tenant should use
the land for grazing or mowing only and that such use should be limited to a part of the year only 5.
1
2
3
4
5
Short Bros (Plant) v Edwards (1978) 249 Estates Gazette 539, CA; Scene Estate Ltd v Amos [1957] 2 QB 205, [1957] 2 All ER
325, CA.
Stone v Whitcombe (1980) 40 P & CR 296 at 306, CA; Mackenzie v Laird 1959 SLT 268 at 272.
Rutherford v Maurer [1962] 1 QB 16, [1961] 2 All ER 775, CA; Short Bros (Plant) v Edwards (1978) 249 Estates Gazette 539,
CA.
Stone v Whitcombe (1980) 40 P & CR 296 at 306, CA.
[2202]
361
Contemplated use not actual use
It was not what the tenant in fact did with the land following a grazing and/or mowing agreement that determined
whether or not the statutory exception operated, but what was agreed between the parties 1. If, therefore, a tenant was
permitted to occupy land for grazing or mowing purposes only, but in fact grew corn and intended all the time to do so,
the statutory exception still operated unless it could be shown that it was the mutual intention of the parties that the land
should be used for some purpose other than grazing or mowing only. The actual use might be of evidential value as to
the intention of the parties but of itself did not override the mutual intention expressed in the written agreement 2.
The contemplation of the parties had to be mutual and had to be more than a mere expectation. In the case of
a genuine written agreement, it was not permissible to look outside its terms to ascertain what the parties might have
contemplated in their own minds, except possibly to ascertain terms of the agreement on which the written document
was silent3.
1
2
3
Boyce v Rendells (1983) 268 Estates Gazette 268, CA.
Scene Estate Ltd v Amos [1957] 2 QB 205, [1957] 2 All ER 325, CA.
[2203]
362
Buildings
Although the inclusion of buildings in an agreement of this nature was dangerous, as evidence of a mutual intention
that the land should be used for more than grazing or mowing only, the inclusion of small ancillary buildings did not of
itself cause the agreement to fall outside the exception 1.
1
Avon County Council v Clothier (1977) 242 Estates Gazette 1048, CA.
[2204][2210]
5: LETTINGS TO EMPLOYEES
363
No security where tenant is an employee of landlord
The definition of an agricultural holding 1 in the Agricultural Holdings Act 1986 excludes a contract under which the
land is let to the tenant during his continuance in any office, appointment or employment held under the landlord 2. If,
therefore, the tenant under a contract granted before 1 September 1995 is an employee of the landlord and the tenancy
is coterminous with the employment by the landlord, no security will be enjoyed by the tenant.
A letting of land to a farm manager by his employer in those circumstances would avoid any security for the
farm manager, but a letting to a person who was on probation, before being granted a full tenancy, has been held not to
be a letting to a person holding an office, appointment or employment under the landlord 3.
1
2
3
See the Agricultural Holdings Act 1986 s 1(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 304 [2012] ante.
Verrall v Farnes [1966] 2 All ER 808, [1966] 1 WLR 1254.
[2211][2215]
6: AVOIDING THE CREATION OF AN AGRICULTURAL HOLDING
364
Prohibition on contracting out
Although the provisions of the Agricultural Holdings Act 1986 relating to restrictions on the operation of notices to
quit, and the agricultural land tribunals consent to their operation, contain no express prohibition on contracting out, it
is in fact contrary to public policy for the parties voluntarily to agree that those provisions should not apply or should
be circumvented by means of the contract between the parties 1. If, therefore, the parties entered into an agreement
before 1 September 1995 that on its true construction either was, or by virtue of the operation of the Agricultural
Holdings Act 19862 became, a tenancy of an agricultural holding, a term of that agreement providing for some scheme
to be employed so as to frustrate the security of tenure afforded by the Agricultural Holdings Act 1986 would not be
effective3.
However, this did not mean that the parties could not arrange their affairs so that the agreement reached
between them did not constitute a contract of tenancy creating an agricultural holding conferring security of tenure 4.
Nevertheless, if the parties expressly agreed between themselves that the tenancy they created was not one to which
security of tenure should apply, but on its true construction it was found that the parties had misconstrued their own
document and that security of tenure was available, the party claiming security of tenure could not be estopped from
making that claim5.
1
2
3
4
Johnson v Moreton [1980] AC 37, [1978] 3 All ER 37, HL. See also Featherstone v Staples [1986] 2 All ER 461, [1986] 1 WLR
861, CA and Gisborne v Burton [1989] QB 390, [1988] 3 All ER 760, CA.
Ie the Agricultural Holdings Act 1986 s 2(3)(b) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See Johnson v Moreton [1980] AC 37, [1978] 3 All ER 37, HL.
See OMalley v Seymour (1978) 250 Estates Gazette 1083 at 1088, CA per Lawton LJ. See also Shell-Mex and BP Ltd v
Manchester Garages Ltd [1971] 1 All ER 841 at 846, [1971] 1 WLR 612 at 619, CA in which, when considering a scheme to
avoid the provisions of the Landlord and Tenant Act 1954 Pt II (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT),
Buckley LJ said one cannot take [the scheme] into account in the process of construing such a document to find out what the
true nature of the transaction is.
See Keen v Holland [1984] 1 All ER 75, [1984] 1 WLR 251, CA. See also Paragraph 367 [2220] post (mislabelling).
[2216]
365
Agreement for surrender at future date
It would also appear that, pursuant to this general principle, an agreement for the surrender of a tenancy of an
agricultural holding at a future date, where the agreement to surrender is freely negotiated after the grant of the tenancy
and not as an express condition of it, will be enforceable if the future date is within the time in which a notice to quit
could have taken effect 1. A concluded surrender that has destroyed the tenancy is an effective method of determining an
agricultural tenancy.
1
See Elsden v Pick [1980] 3 All ER 235 at 242, 243, [1980] 1 WLR 898 at 908, 909, CA.
[2217]
366
Sham transactions
The law relating to sham transactions involves a totally different legal concept 1 from contracting out. If the parties
agreed before 1 September 1995 that there should be a letting or a licence of such a nature and kind as was converted
into a letting, and in either case the letting would have been one of an agricultural holding, they could not by their
documentation dress up the agreement so as to give the appearance of an agreement of a different nature and kind.
Similarly if both parties agreed that the land should be used for general farming but in their documentation they falsely
asserted that the land was to be used for grazing or mowing only, the agreement had to be construed and took effect in
accordance with the true mutual intention of the parties. The document itself was disregarded as a sham.
It is, however, important to note that both parties must have mutually intended something other than that
which the document itself suggests before the court will set aside a document as a sham. There have been many cases
in which the doctrine of sham has been considered and applied specifically in the context of the law of landlord and
tenant, particularly where shared licences designed to avoid the Rent Acts have fallen to be considered 2.
[2218]
1
As to what legal concept may be involved in the use of the word sham, see the observations of Diplock LJ in Snook v London
& West Riding Investments Ltd [1967] 2 QB 786 at 802, [1967] 1 All ER 518 at 528, CA. See also Gisborne v Burton [1989] QB
390, [1988] 3 All ER 760, CA where the majority of the Court of Appeal in Gisborne v Burton [1989] QB 390, [1988] 3 All ER
760, CA held that, although an arrangement where the landowner granted a tenancy to his wife (who on the same day granted a
subtenancy) was not a sham in the sense explained in Snook v London & West Riding Investments Ltd [1967] 2 QB 786 at 802,
[1967] 1 All ER 518 at 528, CA, it was nevertheless an artificial transaction which attracted the principle applied in Furniss v
Dawson [1984] AC 474, [1984] 1 All ER 530, HL.. For a case where it was held that a licence designed to come within what is
now the Agricultural Holdings Act 1986 s 2(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE) was in fact a sham, see Short
Bros (Plant) v Edwards (1978) 249 Estates Gazette 539, CA.
See eg Walsh v Griffiths-Jones [1978] 2 All ER 1002; Demuren v Seal Estates (1978) 249 Estates Gazette 440, CA; OMalley v
Seymour (1978) 250 Estates Gazette 1083, CA. The results were different in each of these cases because the findings of fact as to
the true intention of the parties and the extent to which those intentions were carried forward into the documents, although the
forms of licence were similar. See also Street v Mountford [1985] AC 809, [1985] 2 All ER 289, HL; Aslan v Murphy [1989] 3
All ER 130, [1990] 1 WLR 766, CA; AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, [1988] 3 All ER 1058,
HL.
[2219]
367
Mislabelling
In addition to, and as an alternative to, an allegation that a document falls to be construed otherwise than in accordance
with its true terms, or the true relationship of the parties is other than the document itself suggests, founded on an
allegation of contracting out or sham, there is a third case that draftsmen of documents relating to agricultural holdings
should bear in mind when determining the nature and terms of the documents that they prepare: namely the question of
mislabelling. Where a sham is alleged, it is necessary for the court to consider whether the documents represent the true
bargain reached between the parties by reference to extrinsic evidence. Where an allegation of mislabelling is made, the
court has to consider the document in question in its entirety and determine whether the labels the parties have attached
to themselves accurately describe their true legal relationship. For example, where a document is described as a licence,
and the parties are described as licensor and licensee respectively, but the document taken in its entirety and on its true
construction is found to constitute the grant of a tenancy, the court will treat the legal relationship between the parties as
being that of landlord and tenant notwithstanding the fact that the parties themselves have misconstrued their own
document and misunderstood the true relationship they have created 1. Even the most general tenant-like obligations, if
imposed on a licensee, may be sufficient to enable the court to hold that the agreement is a tenancy, even though it is
described as a licence2.
Whether a document falls to be disregarded as a sham is a question largely of fact; whether a document is
mislabelled is a question of law founded on the true construction of the document in question without looking outside
the document except in so far as that is permissible within the general rules of construction. Even though the parties
entered into a partnership, or described themselves as farmer and contractor, they may be found to have misdescribed
themselves in their documents and, albeit inadvertently, to have created a relationship of landlord and tenant.
1
2
See Addiscombe Garden Estates Ltd v Crabbe [1958] 1 QB 513, [1957] 3 All ER 563, CA. and Paragraph 353 [2171] (excluding
security) ante.
See eg Ashdale Land & Property Co Ltd v Manners [1992] 34 EG 76.
[2220][2230]
F: SECURITY OF TENURE
1: INTRODUCTION
368
The machinery for conferring security of tenure
The Agricultural Holdings Act 1986 confers security of tenure on tenants of agricultural holdings by providing for the
continuation of certain tenancies1 and by imposing restrictions on the operation of notices to quit given by landlords 2.
The 1986 Act does not expressly restrict other methods of termination, such as surrender or forfeiture 3.
The statutory scheme for family succession on the death of a tenant of an agricultural holding, introduced in
1976, was abolished (subject to certain exceptions) in the case of tenancies created on or after 12 July 1984 4. The
Agricultural Holdings Act 1986 Part IV also contains provisions (originally introduced in 1984) for succession on
retirement, but these provisions only apply to tenancies where there are succession rights on death 5.
1
2
3
4
5
See the Agricultural Holdings Act 1986 s 2 (1 Halsburys Statutes (4th Edn) AGRICULTURE), which provides that certain short
term lettings and licences are to take effect as tenancies from year to year (see Paragraphs 310 [2026]313 [2029] ante); and the
Agricultural Holdings Act 1986 s 3, which provides that, subject to certain exceptions, a tenancy for a term of two years or more
will continue as a tenancy from year to year at the end of the contractual term. As to the exceptions, see the Agricultural
Holdings Act 1986 ss 3(1)(a), 4, 5 and Paragraph 355 [2183] (tenancies for more than one but less than two years) ante.
As to notices to quit, see Paragraphs 369 [2242]374 [2251] post.
See further Scammell and Denshams Law of Agricultural Holdings (7th Edn, 1989) Pt III.
See now the Agricultural Holdings Act 1986 s 34. As to succession on death, see Paragraphs 387 [2291]398 [2326] post.
See the Agricultural Holdings Act 1986 s 34. As to succession on retirement, see Paragraphs 399 [2336]411 [2362] post.
[2231][2240]
2: NOTICES AND COUNTER-NOTICES
(a) Notices to quit
369
Length of notice
A notice to quit1 an agricultural holding or part of an agricultural holding (notwithstanding any provision to the
contrary in the contract of tenancy of the holding) is invalid if it purports to determine the tenancy before the expiry of
12 months from the end of the then current year of the tenancy, notwithstanding any contrary provision in the tenancy
agreement2. This provision does not, however, apply:
369.1 where the tenant is insolvent3;
369.2 to a notice given pursuant to a provision in the tenancy agreement authorising the resumption of possession of
the holding or part of the holding for a specified purpose other than agriculture 4;
369.3 to a notice given by the tenant to a subtenant5;
369.4 where the lease takes effect as a lease for 90 years determinable on death or marriage 6.
1
2
3
4
5
6
As to service of notices, see the Agricultural Holdings Act 1986 s 93 (1 Halsburys Statutes (4th Edn) AGRICULTURE). For
special provisions where the tenant is a serviceman, see the Agricultural Holdings Act 1986 s 30, Sch 5. For forms of notice to
quit, see Forms 154 [3697]156 [3700] post.
See the Agricultural Holdings Act 1986 s 25(2)(a). As to the meaning of insolvent, see the Agricultural Holdings Act 1986 s
96(2).
See the Agricultural Holdings Act 1986 s 25(2)(b). For a landlords notice to quit land required for non-agricultural purposes,
given pursuant to such a provision in a tenancy agreement, see Form 157 [3702] post.
See the Agricultural Holdings Act 1986 s 25(2)(c). For a notice to quit given by a tenant to his subtenant, see Form 158 [3704]
post. As to the position of subtenants generally, see Paragraphs 412 [2371]413 [2372] post.
Ie under the Law of Property Act 1925 s 149(6) (37 Halsburys Statutes (4th Edn) REAL PROPERTY): see the Agricultural
Holdings Act 1986 s 25(2)(d).
[2242]
370
Notice after arbitration of rent
A further exception is provided1 where, on a reference under the Agricultural Holdings Act 1986 for arbitration of rent 2,
the arbitrator determines that the rent payable in respect of the holding is to be increased; in these circumstances a
notice to quit given by the tenant (at least six months before it purports to take effect) is not invalid if it purports to
determine the tenancy at the end of the year of the tenancy beginning with the date from which the rent increase is
effective3.
1
2
3
Ie under the Agricultural Holdings Act 1986 s 12.
A term of the contract of tenancy requiring a longer period of notice will not make such a notice invalid: see the Agricultural
[2243]
371
Notice after certificate of failure to farm in accordance with rules of good husbandry
Similarly, where the landlord of an agricultural holding applies to an agricultural land tribunal for a certificate that the
tenant is not fulfilling his responsibilities to farm in accordance with the rules of good husbandry 1, the tribunal may, on
granting a certificate:
371.1 specify in the certificate a minimum period of not less than two months to determine the tenancy 2; and
371.2 direct that such period is to apply instead of the normal statutory period of notice 3;
and a notice to quit stating that the tribunal has given such a direction is not invalid even though the notice is less than
the normal statutory minimum4.
1
2
3
4
Ie under the Agricultural Holdings Act 1986, Sch 3 Pt II para 9(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to notice
to quit on the ground set out in the Agricultural Holdings Act 1986, Sch 3 Pt I Case C, see Paragraph 381 [2279] post. As to the
rules of good husbandry, see the Agriculture Act 1947 s 11 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see the Agricultural
[2244]
372
Notice relating to part of holding
A notice to quit part of an agricultural holding would normally be invalid at common law in the absence of an express
provision in the tenancy agreement 1. The Agricultural Holdings Act 1986 provides 2 that where a landlord gives notice
to quit part of an agricultural holding held on a tenancy from year to year, such notice is not invalid on the ground that
it relates to part only of the holding if it is given (and states that it is given):
372.1 for the purpose of adjusting the boundaries between agricultural units or amalgamating agricultural units or
parts of such units3; or
372.2 with a view to the use of the land for certain specified objects 4.
Where a valid notice to quit part of the holding is served on the tenant 5 and the tenant serves written counternotice within 28 days after the giving of the notice 6 to the effect that he accepts the notice to quit part as notice to quit
the entire holding, to take effect at the same time as the original notice, then the notice to quit takes effect accordingly 7.
1
2
3
4
5
6
7
As to the exceptions to the general rule, see Scammell and Denshams Law of Agricultural Holdings (7th Edn, 1989) Pt III Ch
12. As to the circumstances in which a notice to quit an agricultural holding may be given without the statutory minimum period
of notice, see Paragraph 369 [2242] ante.
See the Agricultural Holdings Act 1986 s 31(1)(b). As to the specified objects, see Paragraph 373 [2246] post.
Ie either a notice by the landlord that is rendered valid by the Agricultural Holdings Act 1986 s 31, or a notice given by a person
entitled to a severed part of the reversion: see the Agricultural Holdings Act 1986 s 32(1).
Or, where the operation of the notice depends on proceedings under the Agricultural Holdings Act 1986 Pt III, within 28 days
after the date when the notice becomes effective: see the Agricultural Holdings Act 1986 s 32(2)(b).
See the Agricultural Holdings Act 1986 s 32(2). As to reduction in rent where notice is given to quit part of an agricultural
holding, see the Agricultural Holdings Act 1986 s 33 and Paragraph 348 [2156] ante.
[2245]
373
The specified objects in relation to a notice to quit part
Notice to quit part of an agricultural holding may be valid if it is given with a view to the use of the land for:
373.1 the erection of cottages or other houses for farm labourers, whether with or without gardens 1; or
373.2 the provision of gardens for cottages or other houses for farm labourers 2; or
373.3 the provision of allotments3; or
373.4 the letting of land (with or without other land) as a smallholding 4; or
373.5 the planting of trees5; or
373.6 the opening or working of a deposit of coal, ironstone, limestone, brick-earth or other mineral, or a stone quarry
or a clay, sand or gravel pit or the construction of any works or buildings to be used in connection with such
opening or working6; or
373.7 the making of a watercourse or reservoir 7; or
373.8 the making of a road, railway, tramroad, siding, canal or basin or a wharf, pier or other work connected with
such construction8.
1
2
3
4
5
6
7
8
See the Agricultural Holdings Act 1986 s 31(2)(f).
See the Agricultural Holdings Act 1986 s 31(2)(g).
See the Agricultural Holdings Act 1986 s 31(2)(h).
[2246][2250]
(b) Tenants counter-notice
374
Right to serve a counter-notice
A tenant who receives a notice to quit the whole or part of an agricultural holding may serve on the landlord, within one
month1, a written counter-notice2 requiring that the Agricultural Holdings Act 1986 section 26(1) apply 3, so that the
notice to quit will not have effect unless (on an application by the landlord) an agricultural land tribunal consents to its
operation4. The landlord must seek the tribunals consent on an application made within one month of the tenants
counter-notice5.
However, if the notice to quit is given solely in any one of the cases where the consent of an agricultural land
tribunal is not required, no such counter-notice may be given by the tenant 6.
1
2
3
4
5
6
See the Agricultural Holdings Act 1986 s 26(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The landlord is not required to
set out in the notice to quit the tenants right to serve a counter-notice and the consequences of not doing so: Crawford v Elliot
[1991] 1 EGLR 13, CA.
For a form of counter-notice, see Form 162 [3716] post.
See the Agricultural Holdings Act 1986 s 26(1)(b). In the case of a joint tenancy of agricultural land, a counter-notice under the
Agricultural Holdings Act 1986 s 26(1)(b) can ordinarily only be served with the concurrence of all the joint tenants. Where,
however, agricultural land was let to three partner-tenants, one of whom was a company wholly owned by the landlord, it was
held that a restrictive condition that no partner could serve a counter-notice without the companys consent was void and
unenforceable and that consequently counter-notices served by the other two partners only were valid: Featherstone v Staples
[1986] 2 All ER 461, [1986] 1 WLR 861, CA applying Johnson v Moreton [1980] AC 37, [1978] 3 All ER 37, HL.
As to cases where the consent of an agricultural land tribunal is required, see Paragraphs 375 [2256]376 [2258] post.
See the Agricultural Land Tribunals (Rules) Order 1978/259 art 2, Sch 1 r 2(2). For the prescribed form of application for
consent, see Form 169 [3781] post.
See the Agricultural Holdings Act 1986 s 26(2). For the cases where consent is not required, see the Agricultural Holdings Act
1986, Sch 3 Pt I Cases AH (Case B as substituted by the Agricultural Holdings (Amendment) Act 1990 s 1(2)), and see
Paragraphs 379 [2276]386 [2285] post. Where the landlord serves a notice to quit under the Agricultural Holdings Act 1986 s
26(2), Sch 3 Pt I Case D on the grounds that the tenant has failed to comply with a notice to do work, the tenant may serve a
counter-notice: see the Agricultural Holdings Act 1986 s 28. For a form of counter-notice, see Form 165 [3720] post.
[2251][2255]
3: CASES WHERE THE CONSENT OF A TRIBUNAL IS REQUIRED
375
General considerations
Where an application1 has been made to an agricultural land tribunal for consent 2 to the operation of a notice to quit,
the tribunal must be satisfied 3 as to one or more of the specific matters 4 mentioned by the landlord in his application for
consent. Even if the tribunal is so satisfied, they must withhold their consent to the operation of the notice to quit if in
all the circumstances it appears to the tribunal that a fair and reasonable landlord would not insist on possession 5.
Where the tribunal give their consent to the operation of the notice to quit, they may impose such conditions 6
as appear necessary to ensure that the land in question will be used for the purpose for which the landlord proposes to
determine the tenancy7, but the tribunal may, on the landlords application, vary or revoke such conditions if they are
satisfied that, by reason of a change of circumstances or otherwise, any condition imposed ought to be varied or
revoked8.
[2256]
1
2
3
4
5
6
7
8
For the prescribed form of application, see Form 169 [3781] post.
For a detailed discussion of cases where the tribunals consent is required to the operation of a notice to quit, see Scammell and
Denshams Law of Agricultural Holdings (7th Edn, 1989) Pt III Ch 10. For a form of notice to quit on one of the grounds where
the tribunals consent is required, see Form 155 [3698] post.
As to the specific matters, see Paragraph 376 [2258] post.
As to the position where the tribunal give their consent and impose a condition under the Agricultural Holdings Act 1986 s 27(4),
and it is proved on an application to the tribunal on behalf of the Crown that the landlord has acted in contravention of the
condition or has failed within the time allowed by the condition to comply with it, see the Agricultural Holdings Act 1986 s
27(6)(9).
[2257]
376
Specific matters
The tribunal must be satisfied that one or more of the following grounds has been established by the landlord:
376.1 that the carrying out of the purpose for which the landlord proposes to terminate the tenancy is desirable in the
interests of good husbandry1 with regard to the land to which the notice relates, treated as a separate unit 2;
376.2 that the carrying out of the purpose is desirable in the interests of sound management of the estate of which the
land to which the notice relates forms part or which that land constitutes 3;
376.3 that the carrying out of the purpose is desirable for the purposes of agricultural research, education, experiment
or demonstration or for the purposes of the enactments relating to smallholdings 4;
376.4 that the carrying out of the purpose is desirable for the purposes of the enactments relating to allotments 5;
376.5 that greater hardship would be caused by withholding than by giving consent to the operation of the notice 6;
376.6 that the landlord proposes to determine the tenancy for the purpose of the lands being used for a use, other than
agriculture, not falling within Case B of the Agricultural Holdings Act 1986 7.
1
2
3
4
5
6
7
As to the rules of good husbandry, see the Agriculture Act 1947 s 11 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see the
Agricultural Holdings Act 1986 s 96(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 27(3)(c). As to smallholdings generally, see vol 2(3) (1998 Reissue) ALLOTMENTS
AND SMALLHOLDINGS .
See the Agricultural Holdings Act 1986 s 27(3)(d). As to allotments generally, see vol 2(3) (1998 Reissue) ALLOTMENTS AND
SMALLHOLDINGS .
See the Agricultural Holdings Act 1986 s 27(3)(f). As to Case B, see the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case
B as substituted by the Agricultural Holdings (Amendment) Act 1990 s 1(2) and see also Paragraph 380 [2277] post.
[2258][2265]
4: CASES WHERE NOTICE IS EFFECTIVE WITHOUT CONSENT
(a) General
377
Exclusion of requirement for consent
The tenants right to serve a counter-notice 1 and render the landlords notice to quit of no effect unless the consent of an
agricultural land tribunal is first obtained is, in certain cases, excluded by the Agricultural Holdings Act 1986 2. The
landlords notice to quit must state that it is given for the reasons or in the circumstances that bring it within these
cases3.
1
2
As to the tenants right to serve a counter-notice, see Paragraph 374 [2251] ante.
Ie the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Cases AH as amended (1 Halsburys Statutes (4th Edn)
AGRICULTURE), as to which see Paragraphs 379 [2276]386 [2285] post. For a detailed discussion of cases where the tribunals
consent is not required, see Scammell and Denshams Law of Agricultural Holdings (7th Edn, 1989) Pt III Ch 11.
See the Agricultural Holdings Act 1986, Sch 3 Pt I Cases AH as amended. A notice to quit stating that it is given for one of the
reasons set out in these cases is invalid and of no effect if it contains a statement that is false and made fraudulently by the giver
of the notice: Rous v Mitchell [1991] 1 All ER 676, [1991] 1 WLR 469, CA.
[2266]
378
Tenants right to contest
Where the tenants right to serve a counter-notice is excluded, he may, if he chooses, contest the reason in the notice to
quit, but he is precluded from requiring the landlord to obtain the consent of the agricultural land tribunal 1. The
landlord merely has to establish the reason stated in his notice.
A tenant in receipt of a notice to quit given pursuant to Cases A, B, D or E must, if he wishes to contest, serve
notice requiring arbitration2 within one month. In default, the tenant is statute-barred from putting in issue the reasons
stated for the giving of the notice to quit.
1
2
For a notice requiring arbitration, see Form 166 [3722] post. As to arbitration, see the Agricultural Holdings (Arbitration on
Notices) Order 1987/710. Note that the requirement for arbitration does not completely exclude judicial consideration: see Rous
v Mitchell [1991] 1 All ER 676, [1991] 1 WLR 469, CA where it was held that the question as to whether the notice to quit
contained a fraudulent misrepresentation was not a question to be referred to arbitration under the Agricultural Holdings
(Arbitration on Notices) Order 1987, as article 9 of that Order is not sufficiently clear and explicit to exclude the jurisdiction of
the court. Note also that in the case of a notice to quit given on the ground specified in Case D, there is an alternative and
additional right to invoke the jurisdiction of the agricultural land tribunal in limited circumstances: see Paragraph 382 [2280]
post.
[2267][2275]
(b) The Cases
379
Case A1
The holding is let as a smallholding by a smallholdings authority or the Minister 2 pursuant to the Agriculture Act 1970
Part III3 and was so let on or after 12 September 1984, and:
379.1 the tenant has attained the age of 65; and
379.2 if the result of the notice to quit taking effect would be to deprive the tenant of living accommodation occupied
by him under the tenancy, suitable alternative accommodation 4 is available for him or will be available for him
when the notice takes effect; and
379.3 the instrument under which the tenancy was granted contains an acknowledgment signed by the tenant that the
tenancy is subject to the provisions of this Case5;
and it is stated in the notice to quit that it is given by reason of this matter.
1
2
3
4
5
See the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case A (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie the Agriculture Act 1970 Pt III (ss 3765) as amended (2 Halsburys Statutes (4th Edn) ALLOTMENTS AND
SMALLHOLDINGS ).
As to the meaning of suitable alternative accommodation, see the Agricultural Holdings Act 1986, Sch 3 Pt II paras 17.
Ie the provisions of the Agricultural Holdings Act 1986, Sch 3 Pt I Case A or under the Agricultural Holdings (Notices to Quit)
Act 1977 s 2(3) Case I (repealed).
[2276]
380
Case B1
The notice to quit is given on the ground that the land is required for a use, other than for agriculture:
380.1 for which permission2 has been granted on an application made under the enactments relating to town and
country planning3; or
380.2 for which permission under those enactments is granted by a general development order 4 by reason only of the
fact that the use is authorised by:
380.2.1 a private or local Act,
380.2.2 an order approved by both Houses of Parliament, or
380.2.3 an order made under the Harbours Act 1964 section 14 or section 165; or
380.3 for which any provision that is contained in an Act, but does not form part of the enactments relating to town
and country planning, deems permission under those enactments to have been granted; or
380.4 which any such provision deems not to constitute development for the purposes of those enactments; or
380.5 for which permission is not required under the enactments relating to town and country planning by reason only
of Crown immunity;
and that fact is stated in the notice.
[2277]
1
2
3
4
5
See the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case B, as substituted by the Agricultural Holdings (Amendment) Act
1990 s 1(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). See Agricultural Law Notes: Recent cases by J Muir Watt [1990]
32 EG 26.
As to the permissions that should not be taken into consideration, see the Agricultural Holdings Act 1986, Sch 3 Pt II para 8(1).
As to the enactments relating to town and country planning, see the Agricultural Holdings Act 1986, Sch 3 Pt II para 8A(1)(b),
(2)(b) as inserted by the Agricultural Holdings (Amendment) Act 1990 s 1(3).
General development order is defined in the Agricultural Holdings Act 1986, Sch 3 Pt II para 8A(1)(a),(2)(a) as inserted by the
Agricultural Holdings (Amendment) Act 1990 s 1(3).
The Harbours Act 1964 s 14 as amended (34 Halsburys Statutes (4th Edn) PORTS AND HARBOURS) concerns orders for
securing harbour efficiency. The Harbours Act 1964 s 16 as amended concerns orders for improvement, construction etc
[2278]
381
Case C1
Not more than six months before the giving of the notice to quit, an Agricultural Land Tribunal granted a certificate 2
that the tenant of the holding was not fulfilling his responsibilities to farm in accordance with the rules of good
husbandry3 and that fact is stated in the notice.
1
2
3
See the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case C (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie a certificate under the Agricultural Holdings Act 1986, Sch 3 Pt II para 9(1).
As to the meaning of the rules of good husbandry, see the Agriculture Act 1947 s 11 (1 Halsburys Statutes (4th Edn)
AGRICULTURE): see the Agricultural Holdings Act 1986 s 96(3).
[2279]
382
Case D1
At the date of the giving of the notice to quit, the tenant had failed to comply with a written notice served on him by the
landlord being either:
382.1 a notice2 requiring him, within two months from the service of the notice, to pay any rent due in respect of the
agricultural holding to which the notice relates3; or
382.2 a notice4 requiring him, within a reasonable period 5 specified in the notice, to remedy any breach by the tenant
(that was capable of being remedied) of any term or condition of his tenancy that was not inconsistent with his
responsibilities to farm in accordance with the rules of good husbandry6;
and it is stated in the notice to quit that it is given by reason of that matter.
[2280]
1
2
3
5
6
See the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case D (1 Halsburys Statutes (4th Edn) AGRICULTURE).
For the prescribed form of notice to the tenant to pay rent, see Form 150 [3681] post.
Note that the Landlord and Tenant Act 1987 Pt VI (ss 4651) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT)
applies to premises that consist of or include a dwelling and are not held under a tenancy to which the Landlord and Tenant Act
1954 Pt II applies: see the Landlord and Tenant Act 1987 s 46(1). As to the application of the Landlord and Tenant Act 1987 Pt
VI to agricultural tenancies, see Dallhold Estates (UK) Pty v Lindsey Trading Properties Inc [1992] 23 EG 112.
For the prescribed forms of notice to the tenant to remedy breach of the tenancy agreement, see Forms 151 [3684] and 152
[3691] post. Where a notice to quit includes a statement in accordance with the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt
I Case D to the effect that it is given by reason of the tenants failure to comply with a notice to do work (ie work of repair,
maintenance or replacement: see the Agricultural Holdings Act 1986 s 28(6)), the tenant may serve a counter-notice within one
month requiring that the Agricultural Holdings Act 1986 s 28(2) shall apply to the notice. The notice to quit then does not have
effect unless, on application by the landlord, an agricultural land tribunal consents to its operation: see the Agricultural Holdings
Act 1986 s 28(2). The tenant may alternatively serve notice on the landlord within one month requiring the validity of the reason
stated in the notice to quit to be determined by arbitration: see the Agricultural Holdings Act 1986 s 28(4).
A period of less than six months will not be treated as a reasonable period: see the Agricultural Holdings Act 1986, Sch 3 Pt II
para 10(1)(c).
AGRICULTURE): see the Agricultural Holdings Act 1986 s 96(3).
[2281]
383
Case E1
At the date of the giving of the notice to quit, the interest of the landlord in the agricultural holding had been materially
prejudiced by the commission by the tenant of a breach, which was not capable of being remedied, of any term or
condition of the tenancy that was not inconsistent with the tenants responsibilities to farm in accordance with the rules
of good husbandry2, and it is stated in the notice that it is given by reason of that matter.
1
2
See the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case E (1 Halsburys Statutes (4th Edn) AGRICULTURE).
AGRICULTURE) applied by the Agricultural Holdings Act 1986 s 96(3).
[2282]
384
Case F1
At the date of the giving of the notice to quit, the tenant was a person who had become insolvent 2, and it is stated in the
notice that it is given by reason of that matter.
1
2
See the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case F (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the meaning of insolvent, see the Agricultural Holdings Act 1986 s 96(2).
[2283]
385
Case G1
The notice to quit is given:
385.1 following the death of a person who immediately before his death was the sole (or sole surviving) tenant 2 under
the contract of tenancy; and
385.2 not later than the end of the period of three months beginning with the date of any relevant notice 3;
and it is stated in the notice to quit that it is given by reason of that persons death.
1
2
3
See the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case G (1 Halsbury's Statutes (4th Edn) AGRICULTURE).
The Agricultural Holdings Act 1986 s 43(1) provides that a notice to quit falling within Case G does not have effect unless:
(1)
no application to become the tenant of the holding is made under the Agricultural Holdings Act 1986 s 39 within the
period allowed (see Paragraph 394 [2321] post), or
(2)
one or more applications having been made under the Agricultural Holdings Act 1986 s 39, either no applicant is
considered by the agricultural land tribunal to be suitable or the tribunal consents to the operation of the notice to quit
(see Paragraph 397 [2325] post).
As to the meaning of tenant, see the Agricultural Holdings Act 1986, Sch 3 Pt II para 12(a).
As to the meaning of relevant notice, see the Agricultural Holdings Act 1986, Sch 3 Pt II para 12(b); Lees v Tatchell [1990] 1
EGLR 10, [1990] 23 EG 62, CA and BSC Pension Fund Trustees Ltd v Downing [1990] 1 EGLR 4, [1990] 19 EG 87.
[2284]
386
Case H1
The notice to quit is given by the Minister2 and:

386.1 the Minister certifies in writing that the notice to quit is given in order to enable him to use or dispose of the
land for the purpose of effecting any amalgamation 3 or the reshaping of any agricultural unit; and
386.2 the agreement under which the tenant was granted the tenancy contains an acknowledgement signed by the
tenant that the tenancy is subject to the provisions of this Case 4.
1
2
3
4
See the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case H (1 Halsbury's Statutes (4th Edn) AGRICULTURE).
Ie under the Agriculture Act 1967 s 26(1) as amended (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Or the provisions of the Agricultural Holdings (Notices to Quit) Act 1977 s 2(3) Case H (repealed), or of the Agriculture Act
1967 s 29 as amended.
[2285][2290]
5: SUCCESSION ON DEATH OF TENANT
(a) Right of succession
387
Tenancies to which the succession provisions apply
The Agricultural Holdings Act 1986 Part IV 1 applies to a tenancy of an agricultural holding granted before 12 July
19842, but does not apply to a tenancy granted on or after that date unless:
387.1 the tenancy was obtained by virtue of a direction of an agricultural land tribunal under the Agricultural Holdings
Act 1986 sections 39 or 533; or
387.2 the tenancy was granted (following a direction under the Agricultural Holdings Act 1986 section 39) in
circumstances falling within section 45(6) of that Act 4; or
387.3 the tenancy was granted by a written contract of tenancy indicating (in whatever terms) that the provisions of
the Agricultural Holdings Act 1986 Part IV were to apply in relation to the tenancy 5; or
387.4 the tenancy was granted otherwise than as mentioned above to a person who, immediately before that date, was
a tenant of the holding or of any agricultural holding comprising the whole or a substantial part of the land
comprised in the holding6.
[2291]
1
2
3
5
6
Ie the Agricultural Holdings Act 1986 Pt IV (ss 3459) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 34(1)(b)(i). As to an application by an eligible person under the Agricultural Holdings
Act 1986 s 39 for the tenancy of a holding on the death of a tenant, or an application by a nominated successor under the
Agricultural Holdings Act 1986 s 53 for the tenancy of a holding on the retirement of a tenant, see Paragraphs 394 [2321] and
399 [2336] post.
See the Agricultural Holdings Act 1986 ss 34(1)(b)(ii). The circumstances covered by the Agricultural Holdings Act 1986 s 45(6)
are that the person or persons entitled to a tenancy or joint tenancy of the holding becomes or become the tenant or joint tenants
of the holding before that time under a tenancy granted by the landlord to and accepted by the person or persons concerned.
See the Agricultural Holdings Act 198 s 34(1)(b)(iii).
See the Agricultural Holdings Act 198 s 34(1)(b)(iv).
[2292]
388
Right for close relative to apply for tenancy on succession
Where the Agricultural Holdings Act 1986 Part IV applies to a tenancy of an agricultural holding 1 and the sole (or sole
surviving) tenant of an agricultural holding dies2 and is survived by a close relative 3, an eligible person4 may apply to
an agricultural land tribunal for a direction5 entitling him to a tenancy of the holding6.
1
2
3
4
As to where the Agricultural Holdings Act 1986 s 36(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE) Part IV applies, see
Close relative means the spouse, brother or sister, child or child of the family of the deceased tenant: see the Agricultural
Eligible person means a surviving close relative (who is not the occupier of a commercial unit of agricultural land) whose
principal source of livelihood has been derived from the holding for five out of the last seven years: see the Agricultural
Holdings Act 1986 s 36(3). As to situations where a person who is not fully eligible may apply to be treated as eligible, see the
Agricultural Holdings Act 1986 s 41 and Form 192 [3867] post.
For a discussion of the possible advantages of assigning the tenancy to a corporate tenant and thus avoiding reliance on
succession provisions, see Agricultural tenancies: Assignment of tenancies to companies [1991] 40 EG 78.
Ie a direction of an agricultural land tribunal under the Agricultural Holdings Act 1986 s 39. As to the procedure, see Paragraphs
394 [2321]398 [2326] post.
See the Agricultural Holdings Act 1986 s 36(1). For the prescribed forms of application see Forms 192 [3867] and 196 [3893]
post. For the prescribed forms for the landlords reply, see Forms 193 [3881] and 197 [3895] post.
[2293][2305]
(b) Exclusion of right of succession on death
389
Exclusion of succession to certain fixed terms
An otherwise eligible person may not apply for a direction entitling him to a tenancy of the holding if on the date of the
death of the deceased tenant the holding was held by the deceased under:
389.1 a tenancy for a fixed term of years of which more than 27 months remained unexpired 1; or
389.2 a tenancy for a fixed term of more than one but less than two years 2.
1
2
[2306]
390
Exclusion of succession where two successions have already occurred
An otherwise eligible person may not apply for a direction entitling him to a tenancy of the holding if, on each of the
last two occasions when a sole (or sole surviving) tenant of the holding (or of a related holding 1) died, one or other of
the following occurred:
390.1 a tenancy of the holding or of a related holding was obtained by virtue of a direction of an agricultural land
tribunal under the Agricultural Holdings Act 1986 section 39 2, or such a tenancy was granted (following such a
direction) in circumstances falling within section 45(6) of that Act 3; or
390.2 a tenancy of the holding or of a related holding was granted by the landlord to a person who, being a close
relative of the tenant who died on that occasion, was or had become the sole or sole remaining applicant for
such a direction4.
1
2
3
A related holding means any agricultural holding comprising the whole or a substantial part of the land comprised in the
holding: see the Agricultural Holdings Act 1986 s 35(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 37(1)(a). As to directions under the Agricultural Holdings Act 1986 s 39, see Paragraph
398 [2326] post.
The circumstances covered by the Agricultural Holdings Act 1986 s 45(6) are that the person or persons entitled to a tenancy or
joint tenancy of the holding becomes or become the tenant or joint tenants of the holding before that time under a tenancy
granted by the landlord to and accepted by the person or persons concerned.
See the Agricultural Holdings Act 1986 s 37(1)(b). See Re Trustees of FP Saunders v Ralph (1993) 66 P & CR 335, [1993]
EGCS 44, which considered whether a son was the first or second successor of a tenancy previously held by father and
grandfather as joint tenants.
[2307]
391
Exclusion of succession where there is a valid notice to quit subject to a tribunals consent
An otherwise eligible person may not apply for a direction entitling him to a tenancy of the holding if, on the date of
the death of the deceased tenant, the tenancy is the subject of a valid notice to quit 1 under the Agricultural Holdings Act
1986 section 26(1), being a notice given before the date of death in the case of which:
391.1 the month allowed for serving a counter-notice 2 expired before that date without such a counter-notice having
been served3; or
391.2 the agricultural land tribunal consented before that date to its operation 4.
1
2
3
4
As to the validity of notices to quit agricultural holdings, see Paragraphs 369 [2242]373 [2246 ante.
Ie a counter-notice under the Agricultural Holdings Act 1986 s 26(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to the
right to serve a counter-notice, see Paragraph 374 [2251] ante.
[2308]
392
Exclusion of succession where there is a valid notice to quit within certain cases
An otherwise eligible person may not apply for a direction entitling him to a tenancy of the holding if, on the date of
the death of the deceased tenant, the tenancy is the subject of a valid notice to quit (given before that date) falling
within Case C or Case F1; or fallings within Case B, Case D or Case E2 where one of the following applies:
392.1 the time within which the tenant could have required any questions arising in connection with the notice to be
determined by arbitration under the Agricultural Holdings Act 1986 expired before that date, without such a
requirement having been made by the tenant, and the month allowed for serving any counter-notice in respect of
the notice expired before that date, without any such counter-notice having been served 3; or
392.2 questions arising in connection with the notice were referred to arbitration under the Agricultural Holdings Act
1986 before that date, and were determined before that date in such a way as to uphold the operation of the
notice, and (where applicable) the month allowed for serving any counter-notice in respect of the notice expired
before that date, without any counter-notice having been served 4; or
392.3 an agricultural land tribunal consented before that date to the operation of the notice 5.
1
2
3
4
5
See the Agricultural Holdings Act 1986 s 38(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to the Agricultural Holdings
Act 1986, Sch 3 Pt I Cases C and F, see Paragraphs 381 [2279] and 384 [2283] ante respectively.
See the Agricultural Holdings Act 1986 s 38(3). As to the Agricultural Holdings Act 1986, Sch 3 Pt I Cases B (as substituted), D
and E, see Paragraphs 380 [2277], 382 [2280] and 383 [2282] ante respectively.
[2309]
393
Exclusion of succession in the case of smallholdings and certain trust property
An otherwise eligible person may not apply for a direction entitling him to a tenancy of the holding if:
393.1 the holding consists of land held by a smallholdings authority or the Minister 1 for the purposes of
smallholdings2; or
393.2 the tenancy was granted by trustees in whom the land is vested on charitable trusts, the sole or principal object
of which is the settlement or employment in agriculture of persons who have served in any of the naval, military
or air forces3.
1
2
3
Secretary of State for Wales: see the Agricultural Holdings Act 1986 s 96(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[2310][2320]
(c) Procedure
394
Time of application
An application by an eligible person to an agricultural land tribunal for a direction entitling him to a tenancy of the
holding must be made within three months beginning with the day after the date of the death of the deceased tenant 1.
1
[2321]
395
Single application
Where only one application is made, the agricultural land tribunal, if satisfied that the applicant was an eligible person
at the date of death, and that he has not subsequently ceased to be such a person, must determine 1 whether, in their
opinion, the applicant is a suitable person2 to become the tenant of the holding. The tribunal must afford the landlord an
opportunity of stating his views on the suitability of the applicant 3 before making a determination. If satisfied that the
sole applicant is both eligible and suitable, the tribunal must 4 give a direction entitling him to a tenancy5.
1
2
3
4
5
As to the relevant matters to be considered, see the Agricultural Holdings Act 1986 s 39(8) and Paragraph 397 [2325] post.
Subject to the Agricultural Holdings Act 1986 ss 39(10) (enabling eligible person to accept a tenancy of part) and 44
(opportunity for landlord to obtain consent to notice to quit falling within Case G).
[2322]
396
Multiple applications
More than one application may be received by the agricultural land tribunal within the relevant period of three months.
In that case the following rules apply:
396.1 If one of the applicants is a person validly designated by the deceased in his will as the person he wished to
succeed him as tenant of the holding 1, the tribunal, if satisfied as to the applicants eligibility, must determine
whether that person is suitable 2, and may consider any other applicant only if the person designated in the will 3
is not suitable to become the tenant of the holding.
396.2 If only one applicant, being found to be eligible, is determined by the tribunal to be in their opinion a suitable
person to become the tenant of the holding, the tribunal must, subject 4 to affording the landlord an opportunity
of applying for consent to the operation of any notice to quit under Case G 5, give a direction entitling him to a
tenancy of the holding.
396.3 If two or more applicants, being found to be eligible, are determined by the tribunal to be suitable to become
tenants of the holding, the tribunal must, subject to affording the landlord an opportunity of applying for
consent to the operation of any notice to quit under Case G:
396.3.1 determine which of the applicants is in their opinion the more or most suitable person to become
tenant of the holding6; and
396.3.2 give a direction entitling that applicant to a tenancy of the holding 7.
[2323]
396.4 If the landlord consents, the tribunal may give a direction specifying any two, three or four applicants and
entitling those applicants to a joint tenancy of the holding 8.
1
2
3
4
5
6
7
Will includes a codicil: see the Agricultural Holdings Act 1986 s 40.
Ie subject to the Agricultural Holdings Act 1986 ss 39(10) (enabling eligible person to accept a tenancy of part) and 44
(opportunity for landlord to obtain consent to notice to quit falling within Case G): see the Agricultural Holdings Act 1986 s
39(5).
As to the Agricultural Holdings Act 1986, Sch 3 Pt I Case G, see Paragraph 385 [2284] ante; as to the restriction on the operation
of a notice to quit falling within Case G, see the Agricultural Holdings Act 1986 ss 43, 44.
Subject to the Agricultural Holdings Act 1986 s 39(9) (see sub-paragraph 396.4 [2324]): see the Agricultural Holdings Act 1986
s 39(6)(a).
Subject to the Agricultural Holdings Act 1986 ss 39(10) (enabling eligible person to accept a tenancy of part) and 44
(opportunity for landlord to obtain consent to notice to quit falling within Case G): see the Agricultural Holdings Act 1986 s
39(6)(b).
See the Agricultural Holdings Act 1986 s 39(9). As to the new tenancy, see Paragraph 398 [2326] post.
[2324]
397
Matters to be considered by a tribunal
In making a determination an agricultural land tribunal must:
397.1 afford the landlord an opportunity of stating his views on the suitability of the applicant or any of the
applicants1; and
397.2 have regard to:
397.2.1 the extent to which the applicant, or each of the applicants, has been trained in, or has practical
experience of, agriculture2;
397.2.2 the age, physical health and financial standing of the applicant or each of them 3; and
397.2.3 the views, if any, stated by the landlord on the suitability of the applicant or any of the applicants 4.
1
2
3
4
[2325]
398
The new tenancy
Where the tribunal directs the landlord to grant a new tenancy of the holding to a successful applicant or a joint tenancy
to two or more applicants1, the tenancy takes effect at the end of 12 months following the end of the year of the tenancy
in which the deceased died2 or, if notice to quit under Case G 3 has been given, the date (if later) on which the notice to
quit takes effect 4. The terms of the new tenancy will be the same as the terms of the old tenancy 5 unless varied by
arbitration6. If the terms of the old tenancy did not contain a prohibition on assigning, subletting or parting with
possession of the holding or any part of the holding without the landlords consent in writing, there is an automatically
implied covenant to that effect 5.
1
2
3
4
5
6
7
See the Agricultural Holdings Act 1986 s 45 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the Agricultural Holdings Act 1986, Sch 3 Pt I Case G, see Paragraph 385 [2284] ante.
Ie arbitration under the Agricultural Holdings Act 1986 s 48: see ibid s 47(1).
[2326][2335]
6: SUCCESSION ON RETIREMENT
(a) The application
399
Right of nominated person to apply
In the case of any tenancy of an agricultural holding from year to year in relation to which an application may be made
for succession on death1, where a notice2 (the retirement notice) is given to the landlord by the tenant, or (in the case
of a joint tenancy) by all the tenants, of the holding indicating (in whatever terms) that he or they wish a single eligible
person3 named in the notice to succeed him (or them) as tenant of the holding as from a date specified in the notice 4,
the eligible person named in the retirement notice (the nominated successor) may apply to an agricultural land
tribunal for a direction entitling him to a tenancy 5.
1
2
3
4
Ie a tenancy falling within the Agricultural Holdings Act 1986 s 34(1)(a) or (b) (1 Halsburys Statutes (4th Edn) AGRICULTURE):
see the Agricultural Holdings Act 1986 s 49(1)(a). As to tenancies to which the succession provisions apply, see Paragraph 387
[2291] ante.
For a retirement notice, see Form 167 [3724] post.
As to the meaning of eligible person, see the Agricultural Holdings Act 1986 s 50(2).
The date must be a date on which the tenancy of the holding could have been determined by notice to quit given at the date of
the notice and falling not less than one year and not more than two years after the date of the notice: see the Agricultural
Holdings Act 1986 s 49(1)(b).
See the Agricultural Holdings Act 1986 s 50(1). For the prescribed form of application, see Form 198 [3898] post.
[2336]
400
Procedure for application
The nominated successor1 must make his application2 to an agricultural land tribunal within the period of one month
beginning with the day after the date of the giving of the retirement notice 3. The application must be accompanied by a
copy of the retirement notice4 and must be signed by both the nominated successor and the retiring tenant or, where the
notice was given by joint tenants, by each of the retiring tenants 5.
1
2
3
4
5
The nominated successor is the eligible person named in the retirement notice: see the Agricultural Holdings Act 1986 s 49(1)
(b),(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 399 [2336] ante.
See the Agricultural Holdings Act 1986 s 53(1). For the prescribed form of application, see Form 198 [3898] post.
For a retirement notice, see Form 167 [3724] post.
[2337][2345]
(b) Exclusion of the right of succession on retirement
401
General
Succession on retirement is excluded:
401.1 where there have already been two successions on death 1;
401.2 where there is a valid notice to quit subject to the consent of a tribunal 2;
401.3 where there is a valid notice to quit within Cases C or F, or within Cases B, D or E and certain conditions are
fulfilled3; and
401.4 in the case of smallholdings and certain trust property4.
1
2
3
4
See the Agricultural Holdings Act 1986 s 37 (1 Halsburys Statutes (4th Edn) AGRICULTURE) as applied by ibid s 51(1). As to
exclusion of the right of succession on death where 2 successions have already occurred, see Paragraph 390 [2307] ante.
See the Agricultural Holdings Act 1986 s 38(1) as applied by ibid s 51(1). As to exclusion of the right of succession on death
where there is a valid notice to quit subject to the consent of a tribunal, see Paragraph 391 [2308] ante.
See the Agricultural Holdings Act 1986 s 38(2),(3) as applied by ibid s 51(1). As to exclusion of succession on death where there
is a valid notice within these Cases, see Paragraph 392 [2309] ante.
See the Agricultural Holdings Act 1986 s 38(4),(5) as applied by ibid s 51(1). As to exclusion of succession on death in these
cases, see Paragraph 393 [2310] ante.
[2346]
402
Exclusion where there has been a previous retirement notice
An otherwise eligible person may not make an application for a direction entitling him to a tenancy of the holding if the
retiring tenant has at any time given any other retirement notice 1 in respect of the holding or a related holding 2 and an
application to become the tenant of the holding or a related holding has been duly made by any nominated successor 3 in
respect of that notice4.
1
2
3
4
As to retirement notices, see Paragraph 399 [2336] ante.

Related holding means, in relation to the holding, any agricultural holding comprising the whole or a substantial part of the
land comprised in the holding: see the Agricultural Holdings Act 1986 s 49(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the nominated successor, see Paragraphs 399 [2336] and 400 [2337] ante.
[2347]
403
Exclusion where the retiring tenant is not aged 65
An otherwise eligible person may not make an application for a direction entitling him to a tenancy of the holding if at
the retirement date the retiring tenant will be under the age of 65 1 unless the retirement notice is given on the grounds
that:
403.1 the retiring tenant or (where the notice is given by joint tenants) each of the retiring tenants is or will at the
retirement date be incapable, by reason of bodily or mental infirmity, of conducting the farming of the holding
in such a way as to secure the fulfilment of the responsibilities of the tenant to farm in accordance with the rules
of good husbandry2; and
403.2 any such incapacity is likely to be permanent 3;
and that fact is stated in the notice4.
1
2
3
4
See the Agricultural Holdings Act 1986 s 51(3)(a). As to the rules of good husbandry, see the Agriculture Act 1947 s 11 (1
Halsburys Statutes (4th Edn) AGRICULTURE) applied by the Agricultural Holdings Act 1986 s 96(3).
[2348]
404
Exclusion where there is a notice to quit
An otherwise eligible person may not make an application for a direction entitling him to a tenancy of the holding if, on
the date of the giving of the retirement notice, the tenancy is the subject of a valid notice to quit, given before that date
and including a statement that it is given for any such reason as is referred to in Case B, D or E 1, unless:
404.1 it is determined by arbitration that the notice is ineffective on account of the invalidity of the reason stated 2; or
404.2 a counter-notice is served in respect of a notice under Case D 3 and consent to the application of the notice to
quit is withheld or no application for consent is made 4.
1
2
3
4
The notice to quit must not be one falling within the Agricultural Holdings Act 1986 s 38(3) as applied by the Agricultural
Holdings Act 1986 s 51(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE): see the Agricultural Holdings Act 1986 s 51(4). As
to the Agricultural Holdings Act 1986, Sch 3 Pt I Cases B (as substituted), D and E, see Paragraphs 380 [2277], 382 [2280] and
383 [2282] respectively ante.
See the Agricultural Holdings Act 1986 s 51(5)(a). As to the right to require arbitration of the validity of the reason stated, see
Ie under the Agricultural Holdings Act 1986 s 28(2).
[2349][2355]
(c) Procedure after application
405
Effect of notice to quit given after application
A notice to quit under Case C, following a certificate that the tenant is not fulfilling his obligation to farm in accordance
with the rules of good husbandry1, or under Case F2 renders the retirement notice of no effect 3. A notice to quit
including a statement that it is given for a reason referred to in Case B 4 or Case D5 renders the retirement notice of no
effect6 unless:
405.1 it is determined by arbitration that the notice is ineffective on account of the invalidity of the reason stated 7; or
405.2 a counter-notice is served in respect of a notice under Case D and consent to the application of the notice to quit
is withheld or no application for consent is made 8.
1
2
3
4
5
6
7
8
As to Case C, see Paragraph 381 [2279] ante.

As to Case F, see Paragraph 384 [2283] ante.
See the Agricultural Holdings Act 1986 s 52(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). An application invalidated
under this provision is treated as if it had never been made: see the Agricultural Holdings Act 1986 s 52(5).
As to Case B, see Paragraph 380 [2277] ante.
As to Case D, see Paragraph 382 [2280] ante.
See the Agricultural Holdings Act 1986 s 52(2). An application invalidated under this provision is treated as if it had never been
made: see the Agricultural Holdings Act 1986 s 52(5).
See the Agricultural Holdings Act 1986 s 52(3)(b). As to the effect on the time limit for an application by the nominated
successor to a tribunal, see the Agricultural Holdings Act 1986 s 52(4).
[2356]
406
Infirmity of retiring tenant
If the retirement notice includes a statement that it is given on the grounds of infirmity 1, then before the nominated
successors application is dealt with further, the agricultural land tribunal must be satisfied 2 that:
406.1 the retiring tenant or (as the case may be) each of the retiring tenants, either is or will at the retirement date be
incapable, by reason of bodily or mental infirmity, of conducting the farming of the holding in such a way as to
secure the fulfilment of the responsibilities of the tenant to farm in accordance with the rules of good
husbandry3, and
406.2 any such incapacity is likely to be permanent 4.
1
2
3
4
Ie the grounds contained in the Agricultural Holdings Act 1986 s 51(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to
this exception to the rule that the retiring tenant must be aged 65, see Paragraph 403 [2348] ante.
See the Agricultural Holdings Act 1986 s 53(4)(a). As to the rules of good husbandry, see the Agriculture Act 1947 s 11 (1
[2357]
407
Suitability of nominated successor
If the agricultural land tribunal is satisfied that the nominated successor was an eligible person at the date of the giving
of the retirement notice, and that he has not subsequently ceased to be such a person, it must be determined whether, in
the opinion of the tribunal, the applicant is a suitable person to become the tenant of the holding 1. Before making a
determination, the tribunal must give the landlord an opportunity of stating his views on the suitability of the nominated
successor2, and in making the determination the tribunal must have regard to all relevant matters including:
407.1 the extent to which the nominated successor has been trained in, or has had practical experience of, agriculture;
407.2 his age, physical health and financial standing; and
407.3 the views (if any) stated by the landlord on his suitability3.
1
2
3
See the Agricultural Holdings Act 1986 s 53(6)(a)(c).
[2358]
408
Greater hardship qualification
If the agricultural land tribunal determine that the nominated successor is a suitable person to become the tenant of the
holding, the tribunal must give a direction entitling him to a tenancy of the holding 1. However, no such direction is to
be given if it appears to the tribunal that greater hardship would be caused by giving the direction than by refusing the
nominated successors application2.
1
2
[2359]
409
Refusal or withdrawal of application
If the agricultural land tribunal dispose of the nominated successors application otherwise than by giving a direction
entitling the nominated successor to a tenancy, the retirement notice is of no effect but continues to count for the
purpose of determining whether the right to succession on retirement is excluded because a previous retirement notice
has been given1. Where an application by the nominated successor is withdrawn or abandoned, such application is to be
treated as if it had never been made 2.
1
2
[2360]
410
Effect of a direction
A direction by an agricultural land tribunal entitling a nominated successor to a tenancy of a holding 1 entitles him to a
tenancy of the holding as from the retirement date or the date specified in the direction 2. Accordingly, such a tenancy
will be deemed to be at that time granted by the landlord to, and accepted by, the nominated successor 3.
1
2
3
Ie under the Agricultural Holdings Act 1986 s 53(7) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie the relevant time: see the Agricultural Holdings Act 1986 s 55(8).
[2361]
411413 Terms of new tenancy
The terms of the tenancy to which a direction by an agricultural land tribunal 1 entitles a nominated successor are the
same as the terms on which the holding was let immediately before it ceased to be let under the contract of tenancy
under which it was let at the date of the giving of the retirement notice 2. However, if the terms of the tenancy to which
the nominated successor is entitled would otherwise not include a covenant by the tenant not to assign, sublet or part
with possession of the holding or any part of it without the landlords written consent, such a covenant is implied in the
nominated successors tenancy3.
1
2
3
See the Agricultural Holdings Act 1986 s 56(2). Note that the Landlord and Tenant Act 1927 s 19 (as amended by the Landlord
and Tenant (Covenants) Act 1995 s 22) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) does not apply to leases of
agricultural holdings to which the Agricultural Holdings Act 1986 applies: see the Landlord and Tenant Act 1927 s 19(4) (as
amended by the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995). Accordingly, such a covenant by the
tenant not to assign, sublet or part with possession of the holding will not be deemed to be subject to a proviso that the landlords
consent is not to be unreasonably withheld. As to assignment and the Landlord and Tenant (Covenants) Act 1995 (23 Halsburys
Statutes (4th Edn) LANDLORD AND TENANT) generally, see vols 22(1) - (3) (1996-1997 Reissue) LANDLORD AND TENANT
(Business Tenancies).
[2362][2380]
G: COMPENSATION PAYABLE TO TENANT

1: DISTURBANCE
414
Tenants entitlement to compensation for disturbance
In certain circumstances, on the termination of a tenancy of an agricultural holding to which the Agricultural Holdings
Act 1986 applies1, the tenant is entitled to compensation for disturbance 2 from the landlord. The statutory right to
compensation applies where such a tenancy terminates by reason of:
414.1 a notice to quit the holding given by the landlord3; or
414.2 a counter-notice given by the tenant, accepting a notice to quit part of the holding as a notice to quit the entire
holding4;
and the tenant quits in consequence of the notice or counter-notice.
No compensation is payable if the landlords notice to quit is given for one of the reasons stated in Cases C,
D, E, F or G5 and additional compensation is not payable where the reasons are those stated in Cases A or H 6.
[2381]
1
2
3
4
5
6
As to tenancies to which the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE) applies, see
See the Agricultural Holdings Act 1986 ss 6063.
See the Agricultural Holdings Act 1986 s 60(1)(a). As to notices to quit generally, see the Agricultural Holdings Act 1986 ss 25
33 and Paragraphs 369 [2242]373 [2246] ante. Note that a tenancy that terminates in accordance with the Agricultural Holdings
Act 1986 s 4, following the tenants death, is deemed to terminate by reason of a notice to quit for the purposes of compensation:
see ibid s 4(3).
See the Agricultural Holdings Act 1986 s 60(1)(b). As to a counter-notice by the tenant in such circumstances, see the
Agricultural Holdings Act 1986 s 32 and Paragraph 372 [2245] ante.
See the Agricultural Holdings Act 1986 s 61(1). As to the Agricultural Holdings Act 1986 s 26, Sch 3 Pt I Cases C, D, E, F and
G, see Paragraphs 381 [2279]385 [2284] ante.
See the Agricultural Holdings Act 1986 s 61(2). As to the Agricultural Holdings Act 1986 s 26, Sch 3 Pt I Cases A and H, see
Paragraphs 379 [2276] and 386 [2285] ante respectively. As to additional compensation, see Paragraph 419 [2389] post.
[2382]
415
Measure of basic compensation
Where the tenant becomes entitled to compensation for disturbance, the amount of basic compensation 1 is either:
415.1 one years rent1; or
415.2 two years rent2 or (if less) the amount of the tenants actual loss4.
Although any dispute arising between landlord and tenant on such a claim or with regard to a notice under Cases C, D,
E, F, or G must be dealt with by statutory arbitration 5, the costs of any such arbitration cannot be included as part of the
claim for actual loss6.
The tenant is entitled without proof of loss or expense, to a minimum amount of basic compensation equal
to one years rent of the holding 7. In some cases additional compensation equal to four years rent is payable 8, but
basic compensation for disturbance may not exceed the amount of two years rent of the holding 9.
Any compensation for disturbance payable to a tenant under the Agricultural Holdings Act 1986 section 60 is
additional to any other rights to compensation which the tenant might have 10. Compensation payments under the
Agricultural Holdings Act 1986 will not attract VAT provided that notice to quit has been served and the tenant has
complied with it11.
[2383]
1
2
3
4
5
6
7
8
9
10
11
See the Agricultural Holdings Act 1986 s 60(2)(a),(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
The amount of the tenants actual loss is the amount of the loss or expense, directly attributable to the quitting of the holding,
which is unavoidably incurred by the tenant on or in connection with the sale or removal of his household goods, implements of
husbandry, fixtures, farm produce or farm stock on or used in connection with the holding, including any expenses reasonably
incurred by the tenant in the preparation of his claim for basic compensation, not being costs of arbitration: see the Agricultural
See the Agricultural Holdings Act 1986 ss 60(2)(b),(4), 61 and Paragraph 419 [2389] post.
Compensation which is paid strictly in accordance with the tenants statutory entitlement is treated as being outside the scope of
VAT: see the current HM Customs and Excise Notice 742 Land and property. As to VAT and compensation payments, see
further Service: Property (VAT and Property).
[2384]
416
Requirements as to notices and valuation
The tenant must serve on the landlord, before the expiry of two months from the termination of the tenancy, written
notice of his intention to make a claim 1. If the tenant wishes to claim basic compensation of more than one years
rent2, he must also give to the landlord written notice of his intention to make a claim for such an amount not less than
one month before the termination of the tenancy3.
Moreover, in the case of a claim for expense incurred in connection with any sale of the goods, implements,
fixtures, produce or stock4, the tenant cannot claim more than the minimum amount of compensation unless before the
sale he gives the landlord a reasonable opportunity of making a valuation of the items to be sold 5.
[2385]
1
2
3
4
See the Agricultural Holdings Act 1986 s 83(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE) which provides that no claim
arising out of the termination of the tenancy will be enforceable unless such notice is served. The notice must specify the nature
of the claim, but it is sufficient if the notice refers to the relevant statutory provision, custom or term: see the Agricultural
Holdings Act 1986 s 83(3). For a notice of intention to make a claim, see Form 213 [4000] post.
Ie under the Agricultural Holdings Act 1986 s 60(3)(b). As to basic compensation, see Paragraph 415 [2383] ante.
See the Agricultural Holdings Act 1986 s 60(6)(a). For a notice of intention to claim more than one years rent, see Form 211
[3998] post.
Ie as mentioned in the Agricultural Holdings Act 1986 s 60(5). The amount of the tenants actual loss is the amount of the loss
or expense, directly attributable to the quitting of the holding, which is unavoidably incurred by the tenant on or in connection
with the sale or removal of his household goods, implements of husbandry, fixtures, farm produce or farm stock on or used in
connection with the holding, including any expenses reasonably incurred by the tenant in the preparation of his claim for basic
compensation, not being costs of arbitration: see the Agricultural Holdings Act 1986 s 60(5).
[2386]
417
Subtenancies
A tenant who has sublet the holding and who, pursuant to a notice to quit given to him by his landlord, becomes liable
to pay to his subtenant compensation for disturbance is not himself precluded from recovering compensation from his
own landlord by reason only of the fact that, not being in occupation, he does not actually quit the holding on the
termination of his tenancy1.
1
[2387]
418
Notice to quit part of holding
Where the tenant quits in consequence of a counter-notice given by him accepting a notice to quit part as notice to quit
the whole1, and the part of the holding subject to the notice to quit 2 is less than one-quarter of the original holding 3 and
the remainder of the holding not so subject is reasonably capable of being farmed as a separate holding 4, no
compensation is payable except in respect of the part of the holding to which the notice to quit relates 5.
3
4
5
See the Agricultural Holdings Act 1986 s 60(1)(b) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to the tenants right to
serve a counter-notice, see Paragraph 372 [2245] ante. Quitting as a result of such a counter-notice gives rise to a claim for
compensation: see Paragraph 414 [2381] ante.
This includes any part of the holding affected by any relevant previous notice rendered valid by the Agricultural Holdings Act
1986 s 31: see ibid s 63(3)(a). As to notices to quit part, see Paragraph 372 [2245] ante. Relevant previous notice means any
notice to quit given by the same person who gave the current notice to quit or, where that person is a person entitled to a severed
part of the reversionary estate in the holding, by that person or by any other person so entitled: see the Agricultural Holdings Act
1986 s 63(4).
[2388]
419
Additional compensation
A tenant who is entitled to statutory compensation for disturbance may be entitled also to additional compensation 1
equal to four years rent of the holding at the rate at which the rent was payable immediately before the termination of
the tenancy.
Additional compensation is not payable where the reason stated in the notice to quit falls within Cases A or H 2, or
where3:
419.1 the relevant notice to quit contains a statement that the carrying out of the purpose for which the landlord
proposes to determine the tenancy is desirable on specified 4 grounds, or that the landlord will suffer hardship
unless the notice has effect 5; and
419.2 if an application for consent in respect of the notice to quit is made to the agricultural land tribunal, the tribunal
consents to its operation and states in the reasons for the decision that the tribunal is satisfied as to specified 6
matters7.
However, additional compensation is payable where an application for consent is made to an agricultural land tribunal
if either8:
419.3 the reasons given also include the reason that the tribunal is satisfied that the landlord proposes to determine the
tenancy for the purpose of the lands being used for a use, other than for agriculture, not falling within Case B 9;
or
419.4 the tribunal include in their decision a statement 10 that they would have been so satisfied had that reason been
specified in the application11.
[2389]
1
2
3
4
5
6
7
8
9
10
11
See the Agricultural Holdings Act 1986 ss 60(2)(b),(4) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 61(2). As to the Agricultural Holdings Act 1986 s 26, Sch 3 Pt I Cases A and H, see
Paragraphs 379 [2276] and 386 [2285] ante respectively.
Ie those grounds specified in the Agricultural Holdings Act 1986 s 27(3)(a)(c): see Paragraphs 375 [2256] and 376 [2258] ante.
Ie specified in the Agricultural Holdings Act 1986 s 27(3)(a)(c),(e).
See the Agricultural Holdings Act 1986 s 61(4)(a). As to the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case B as
substituted, see Paragraph 380 [2277] ante.
Ie under the Agricultural Holdings Act 1986 s 61(5).
[2390]
420
Termination in pursuance of an early resumption clause
Where the tenancy determines by reason of a notice to quit the holding given pursuant to a provision in the contract of
tenancy authorising the resumption of possession of the holding for some specified purpose other than agriculture, and
the tenant quits the holding in consequence of such notice, the tenant is entitled to compensation in addition to the
statutory compensation for disturbance 1. The additional compensation payable in this situation is the value of the
additional benefit (if any) that would have accrued to the tenant if the tenancy, instead of being terminated as provided
by the notice, had been terminated on the expiration of 12 months from the end of the year of tenancy current when the
notice was given2.
1
2
See the Agricultural Holdings Act 1986 s 62(2). For the purposes of the Agricultural Holdings Act 1986 s 62(2) the current year
of a tenancy for a term of two years or more is the year beginning with such day, in the period of 12 months ending with the date
on which the notice is served, as corresponds to the day on which the term would expire by effluxion of time: see the
[2391][2400]
2: IMPROVEMENTS BEGUN BEFORE 1 MARCH 1948
421
Tenants entitlement to compensation for old improvements
A tenant is entitled on the termination of his tenancy of an agricultural holding, on quitting the holding, to obtain from
his landlord compensation for specified improvements 1 begun before 1 March 19482. Compensation is payable for
improvements carried out by the tenant or improvements in respect of which the tenant (on entering into occupation
and with the landlords written consent), paid statutory compensation to the outgoing tenant 3.
1
2
3
As to the improvements concerned, see Paragraph 422 [2402] post.

See the Agricultural Holdings Act 1986 s 64(4), Sch 9 Pt I para 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986, Sch 9 Pt I para 5(2) .
[2401]
422
Old improvements for which compensation is payable
The specified improvements are1:
422.1 erection, alteration or enlargement of buildings 2;
422.2 formation of silos3;
422.3 making and planting of osier beds4;
422.4 making of water meadows or works of irrigation 5;
422.5 making of gardens6;
422.6 making or improvement of roads or bridges7;
422.7 making or improvement of watercourses, ponds, wells or reservoirs or of works for the application of water
power or for supply of water for agricultural or domestic purposes8;
422.8 making or removal of permanent fences 9;
422.9 planting of hops10;
422.10 planting of orchards or fruit bushes11;
422.11 reclaiming of waste land12;
422.12 warping or weiring of land13;
422.13 embankments and sluices against floods14;
422.14 erection of wirework in hop gardens15;
422.15 provision of permanent sheep-dipping accommodation 16;
422.16 drainage17.
[2402]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
See the Agricultural Holdings Act 1986 s 64(4), Sch 9 Pt II (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986, Sch 9 Pt II para 1.
See the Agricultural Holdings Act 1986, Sch 9 Pt II para 16. See also the Agricultural Holdings Act 1986, Sch 9 Pt I para 4.
[2403]
423
Consent of landlord
The tenants right to compensation in respect of the specified improvements 1 is conditional on the previous written
consent (whether conditional or otherwise) of the landlord having been obtained to the execution of the improvement 2.
Where the consent was given on agreed terms as to compensation, that compensation must be substituted for statutory
compensation3. Special provisions apply to drainage improvements 4.
1
2
3
4
As to the specified improvements, see Paragraph 422 [2402] ante.

See the Agricultural Holdings Act 1986, Sch 9 Pt I para 3(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986, Sch 9 Pt I para 3(2).
See the Agricultural Holdings Act 1986, Sch 9 Pt I para 4, Pt II para 16.
[2404]
424
Measure of compensation
The measure of compensation is an amount equal to the increase attributable to the improvement in the value of the
holding as a holding, having regard to the character and situation of the holding and the average requirements of tenants
reasonably skilled in husbandry1. Any benefit which the landlord has given or allowed to the tenant in consideration of
the tenants executing an improvement is to be taken into account, whether expressly stated in the contract of tenancy to
be so given or allowed or not2.
1
2
See the Agricultural Holdings Act 1986, Sch 9 Pt I para 2(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[2405][2410]
3: IMPROVEMENTS BEGUN ON OR AFTER 1 MARCH 1948
(a) Introduction
425
Tenants entitlement to compensation
A tenant is entitled on the termination of his tenancy of an agricultural holding to which the Agricultural Holdings Act
1986 applies1, on quitting the holding, to obtain from his landlord compensation for relevant improvements begun on
or after 1 March 19482. There are three categories of relevant improvement:
425.1 long-term improvements to which consent of the landlord is required 3;
425.2 long-term improvements to which consent of the landlord or approval of an agricultural land tribunal is
required4; and
425.3 short-term improvements (for which no consent is required)5.
1
2
3
4
5
As to tenancies to which the Agricultural Holdings Act 1986 applies, see Paragraphs 301 [2001] and 302 [2004] ante.
See the Agricultural Holdings Act 1986 s 64(1),(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 64(1), Sch 7 Pt I. As to long-term improvements to which the landlords consent is
required, see Paragraphs 426 [2421] and 427 [2422] post.
See the Agricultural Holdings Act 1986 s 64(1), Sch 7 Pt II. As to long-term improvements to which the consent of the landlord
or the approval of an agricultural land tribunal is required, see Paragraphs 428 [2431]431 [2436] post.
See the Agricultural Holdings Act 1986 s 64(1), Sch 8 Pt I. As to short-term improvements, see Paragraphs 432 [2441] and 433
[2442] post.
[2411][2420]
(b) Long-term improvements made with consent of landlord
426
Long-term improvements to which consent of landlord is required
The relevant long-term improvements to which the consent of landlord is required 1 comprise:
426.1 making or planting of osier beds2;
426.2 making of water meadows 3;
426.3 making of watercress beds4;
426.4 planting of hops5;
426.5 planting of orchards or fruit bushes6;
426.6 warping or weiring of land7;
426.7 making of gardens8;
426.8 provision of underground tanks9.
1
2
3
4
5
6
7
8
9
See the Agricultural Holdings Act 1986 s 64(1), Sch 7 Pt I (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 64(1), Sch 7 para 1.
[2421]
427
Consent and compensation
The tenant is not entitled to compensation for such an improvement 1 unless the landlord has given his written consent
to the carrying out of the improvement 2. Such consent may be given unconditionally or on such terms as to
compensation or otherwise as may be agreed in writing between the parties 3. If any such agreement is made, the
statutory provision as to the amount of compensation 4 has effect subject to the provisions of the agreement 5. The
measure of the statutory compensation is an amount equal to the increase attributable to the improvement in the value
of the agricultural holding as a holding, having regard to the character and situation of the holding and the average
requirements of tenants reasonably skilled in husbandry6.
1
2
3
4
5
6
Ie an improvement listed in Paragraph 426 [2421] ante.

See the Agricultural Holdings Act 1986 s 67(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For a landlords [notice of
intention to give] consent to long-term improvements, see Form 207 [3992] post. For the tenants application for written consent
to long-term improvements, see Form 206 [3991] post.
Ie the Agricultural Holdings Act 1986 s 66(1).
See the Agricultural Holdings Act 1986 s 66(1). This measure of compensation is the same as in the case of improvements begun
before 1 March 1948: see Paragraph 424 [2405] ante.
[2422][2430]
(c) Long-term improvements made with consent of landlord or approval of tribunal
428
Long-term improvements to which consent or approval is required
The relevant improvements are:
428.1 erection, alteration or enlargement of buildings, and making or improvement of permanent yards 1;
428.2 carrying out works in compliance with an improvement notice served, or an undertaking accepted, under the
Housing Act 1974 Part VIII or the Housing Act 1985 Part VII 2;
428.3 erection or construction of loading platforms, ramps, hard standings for vehicles or other similar facilities 3;
428.4 construction of silos4;
428.5 claying of land5;
428.6 marling of land6;
428.7 making or improvement of roads or bridges7;
[2431]
428.8 making or improvement of water courses, culverts, ponds, wells or reservoirs, or of works for the application of
water power for agricultural or domestic purposes or of works for the supply, distribution or use of water for
such purposes (including the erection or installation of any structures or equipment which form part of or are to
be used for or in connection with operating any such works) 8;
428.9 making or removal of permanent fences 9;
428.10 reclaiming of waste land10;
428.11 making or improvement of embankments or sluices11;
428.12 erection of wirework for hop gardens12;
428.13 provision of permanent sheep-dipping accommodation 13;
428.14 removal of bracken, gorse, tree roots, boulders or other like obstructions to cultivation 14;
428.15 land drainage (other than mole drainage and works carried out to secure its efficient functioning) 15;
428.16 provision or laying-on of electric light or power 16;
428.17 provision of facilities for the storage or disposal of sewage or farm waste 17;
428.18 repairs to fixed equipment, being equipment reasonably required for the proper farming of the holding, other
than repairs which the tenant is under an obligation to carry out 18;
428.19 the grubbing up of orchards or fruit bushes19;
428.20 planting trees otherwise than as an orchard and bushes other than fruit bushes 20.
[2432]
1
2
3
4
5
6
See the Agricultural Holdings Act 1986 s 64(1), Sch 7 Pt II para 9 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie the Housing Act 1985 Pt VII (ss 209238) (repealed by the Local Government and Housing Act 1989 ss 165(2), 194(4), Sch
12 Pt II) and the Housing Act 1974 Pt VIII (ss 85104) (repealed by the Housing (Consequential Provisions) Act 1985 s 3, Sch 1
Pt I). See the Agricultural Holdings Act 1986, Sch 7 para 10.
See the Agricultural Holdings Act 1986,s : 7 para 13.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
See the Agricultural Holdings Act 1986,s :

7 para 15.
7 para 16.
7 para 17.
7 para 18.
7 para 19.
7 para 20.
7 para 21.
7 para 22.
7 para 23. As to mole drainage, see Paragraph 432.1 [2441] post.
7 para 24.
7 para 25.
7 para 26.
7 para 27.
7 para 28.
[2433]
429
Consent or approval
With regard to these long-term improvements 1, the landlords written consent is a condition precedent to entitlement to
the statutory improvements compensation 2, and the provisions mentioned above as to the giving of unconditional or
conditional consent and the effect of agreements as to compensation apply 3.
However, where on the application of the tenant, the landlord refuses his consent, or gives consent containing
terms unacceptable to the tenant, the tenant may apply to an agricultural land tribunal for approval to the carrying out
of the improvement4. The tribunal may withhold approval, or give approval unconditionally or on terms as to reduction
of compensation or otherwise 5.
1
2
3
4
5
Ie an improvement listed in Paragraph 428 [2431] ante.

See the Agricultural Holdings Act 1986 s 67(2) and Paragraph 427 [2422] ante.
See the Agricultural Holdings Act 1986 s 67(3). For the prescribed form application for approval, see Form 178 [3819] post. For
the prescribed form for the landlords reply, see Form 179 [3823] post.
[2434]
430
Carrying out improvements
In a case where the agricultural land tribunal grants approval to carrying out improvements, the landlord has the right,
within one month from receiving notification of the tribunals decision, to serve on the tribunal and on the tenant a
written notice of the landlords proposal to carry out the improvement himself 1. If the landlord then fails within a
reasonable time to carry out the improvement, the tenant may apply to the tribunal for a determination that the landlord
has so failed 2. Where the tribunal determines that the landlord has failed to carry out the improvement, or where the
landlord did not give due notice of his proposal to carry out the improvement, the approval of the tribunal has the same
effect as if it were the consent of the landlord, and any terms to which the approval is subject have effect as if contained
in a written agreement between the landlord and the tenant 3.
1
2
3
See the Agricultural Holdings Act 1986 s 67(5) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For a notice of intention to
carry out improvements, see Form 208 [3994] post. The period of one month is prescribed by the Agricultural Land Tribunals
(Rules) Order 1978/259.
See the Agricultural Holdings Act 1986 s 67(6)(b). For the prescribed form of application, see Form 180 [3826] post.
[2435]
431
The measure of compensation for such improvements is the same as in the case of long-term improvements to which
consent of landlord is required1.
1
See the Agricultural Holdings Act 1986 s 66(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraph 427 [2422] ante.
[2436][2440]
(d) Short-term improvements
432
The short-term improvements
The short-term improvements for which no consent is required 1 comprise:
432.1 mole drainage and works carried out to secure its efficient functioning 2;
432.2
432.3
432.4
432.5
432.6
1
2
3
4
5
6
7
protection of fruit trees against animals 3;

clay burning4;
liming (including chalking) of land5;
application to land of purchased manure and fertiliser, whether organic or inorganic 6;
consumption on the holding of corn (whether produced on the holding or not) or of cake or other feeding stuff
not produced on the holding by horses, cattle, sheep, pigs or poultry7.
See the Agricultural Holdings Act 1986 s 64(1),s : 8 Pt I (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986,s : 8 para 1. For a notice by the tenant of his intention to carry out mole drainage, see
Form 209 [3995] post.
[2441]
433
Consent and compensation for short-term improvements
A tenant qualifies for statutory improvements compensation for such short-term improvements 1 without the necessity
of a notice being served on the landlord or any consent being given by him 2 save with regard to mole drainage and
consequential works3. In that case the tenant must, to qualify for compensation, give the landlord written notice 4 of his
intention to carry out the improvement at least one month before beginning to do it 5.
A tenant is not entitled6 to compensation for such a short-term improvement if it is effected for the purposes
of the obligation to return the value of crops sold off or removed, and to protect the holding from injury and
deterioration, at the time of exercising his statutory rights as to disposal of produce and cropping 7.
The measure of compensation for short-term improvements is the value of the improvement or matter to an
incoming tenant in accordance with such method, if any, as may be prescribed 8.
1
2
3
4
5
6
7
8
Ie the improvements listed in Paragraph 432 [2441] ante.

See the Agricultural Holdings Act 1986 s 64(1),s : 8 Pt I (1 Halsburys Statutes (4th Edn) AGRICULTURE).
For a notice by the tenant of his intention to carry out mole drainage, see Form 209 [3995] post.
See the Agricultural Holdings Act 1986 s 15(1),(4).
See the Agricultural Holdings Act 1986 s 66(2). As to the method of calculating such compensation, see the Agriculture
(Calculation of Value for Compensation) Regulations 1978/809 as amended by SI 1980/751, SI 1981/822 and SI 1983/1475.
[2442][2445]
4: TENANT-RIGHT MATTERS
434
Tenants entitlement to compensation for tenant-right matters
A tenants statutory entitlement to compensation from his landlord for tenant-right matters arises on the termination of
his tenancy of an agricultural holding to which the Agricultural Holdings Act 1986 applies 1, on the tenants quitting the
holding2.
1
2
Paragraphs 301 [2001], 302 [2004] ante.
See the Agricultural Holdings Act 1986 s 65(1),s : 8 Pt II.
[2446]
435
Meaning of tenant-right matters
Tenant-right matters comprise:
435.1 growing crops and severed or harvested crops and produce, being in either case crops or produce grown on the
holding in the last year of the tenancy, but not including crops or produce the tenant has a right to sell or remove
from the holding1;
435.2 seeds sown and cultivations, fallows and acts of husbandry performed on the holding at the expense of the
tenant (including the growing of herbage crops for commercial seed production) 2;
435.3 pasture laid down with clover, grass, lucerne, sainfoin or other seeds being either:
435.3.1 pasture laid down at the expense of the tenant otherwise than in compliance with an obligation
imposed on him by an agreement in writing to lay it down to replace temporary pasture comprised in
the holding when the tenant entered on the holding which was not paid for by him 3, or
435.3.2 pasture paid for by the tenant on entering on the holding4;

435.4 acclimatisation, hefting or settlement of hill sheep on hill land 5;
435.5 in areas of the country where arable crops can be grown in an unbroken series of not less than six years and it is
reasonable that they should be grown on the holding or part of it, the residual fertility value of the sod of the
excess qualifying leys on the holding, if any6.
1
2
3
4
5
6
See the Agricultural Holdings Act 1986 s 65(1),s : 8 para 7 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986,s : 8 para 9(a).
See the Agricultural Holdings Act 1986,s : 8 para 9(b).
See the Agricultural Holdings Act 1986,s : 8 para 10. As to the meaning of hill sheep and hill land, see the Agricultural
Holdings Act 1986,s : 8 para 10(2).
See the Agricultural Holdings Act 1986,s : 8 para 11. As to the meaning of leys and qualifying leys see the Agricultural
Holdings Act 1986,s : 8 para 11(3).
[2447]
436
Acts in contravention of terms of tenancy
Where the claim for compensation is in respect of crops or produce grown, seeds sown, cultivations, fallows or acts of
husbandry performed or pasture laid down, the entitlement to compensation is in general excluded if those acts or
matters have been done in contravention of the terms of the tenancy 1. However, if what was done was reasonably
necessary to comply with a statutory direction 2, or the tenant shows that the contravened term of the tenancy was not
consistent with the fulfilment of his responsibilities to farm the holding in accordance with the rules of good husbandry,
the tenant is still entitled to compensation 3.
1
2
3
Ie under the Agriculture Act 1947 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[2448]
437
Freedom of cropping
A tenant is not entitled1 to any compensation for any tenant-right matter if it was effected for the purpose of fulfilling
his obligation to protect the holding from injury and deterioration, where he has exercised his statutory right to practise
any system of cropping2.
1
2
As to the right of freedom of cropping, see the Agricultural Holdings Act 1986 s 15(4).
[2449]
438
Application to holdings occupied before 1 March 1948
A tenant who entered into occupation of an agricultural holding before 1 March 1948 is not entitled 1 to statutory
compensation in respect of any of the tenant-right matters specified in sub-paragraphs 435.1435.4 above 2 unless he
elects by written notice 3, given before the termination of the tenancy, that those statutory provisions 4 are to apply to
him.
Where the tenancy determines by reason of a notice to quit, the landlord may, at any time during the currency
of the notice to quit, give notice in writing to the tenant requiring him to elect whether the statutory provisions as to
compensation as to tenant-right matters are to apply 5. On being so required, the tenant will lose the right to elect unless
he gives notice to the landlord. The tenants notice must normally be given within one month 6 from his receipt of the
landlords request, but where there are proceedings before an agricultural land tribunal 7 seeking consent to the
operation of the notice to quit, the period of one month is measured from the date of the termination of those
proceedings8.
A tenant who is entitled to make, but does not make, an election will retain any right to compensation for an
improvement which he may have had under custom or under the terms of his tenancy 9.
[2450]
1
2
3
4
See the Agricultural Holdings Act 1986 s 65(1),s : 12 para 6(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie sub-paragraphs 435.1435.4 [2447] ante.
For a tenants notice electing for compensation, see Form 214 [4002] post.
Ie the Agricultural Holdings Act 1986 s 65(1),s : 8 paras 710. With regard to the tenant-right matter specified in sub-paragraph
435.4 [2447] (see the Agricultural Holdings Act 1986,s : 8 para 10), the necessity for election in writing by a tenant, if he desires
to claim the statutory right to compensation instead of any alternative customary or contractual compensation, is extended to any
tenant who entered into occupation on or after 1 March 1948 and before 31 December 1951: see the Agricultural Holdings Act
1986,s : 12 para 7.
See the Agricultural Holdings Act 1986,s : 12 para 6(2). For a landlords notice requiring the tenant to elect, see Form 215
[4004] post.
6
7
8
9
See the Agricultural Holdings Act 1986,s : 12 para 6(2)(a).

Ie under the Agricultural Holdings Act 1986 ss 26, 27 ors : 3.
See the Agricultural Holdings Act 1986,s : 12 para 6(2)(b).
See the Agricultural Holdings Act 1986 ss 77(1), 78(3),s : 12 para 8.
[2451]
439
The amount of compensation in respect of tenant-right matters 1 is the value to an incoming tenant2.
1
2
Ie those listed in Paragraph 435 [2447] ante.

See the Agricultural Holdings Act 1986 s 66(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to the method of calculating
such compensation, see the Agriculture (Calculation of Value for Compensation) Regulations 1978/809 as amended by SI
1980/751, SI 1981/822 and SI 1983/1475.
[2452][2460]
5: SPECIAL SYSTEM OF FARMING
440
Tenants entitlement to compensation for special system of farming
Where the tenant of an agricultural holding to which the Agricultural Holdings Act 1986 applies 1 shows that, by the
continuous adoption of a system of farming which has been more beneficial to the holding than the system of farming
required by the contract of tenancy2 or, in so far as no system of farming is so required, than the system of farming
normally practised on comparable agricultural holdings 3, the value of the holding as a holding has been increased
during the tenancy, having regard to the character and situation of the holding and the average requirements of tenants
reasonably skilled in husbandry, then the tenant is entitled, on quitting the holding on the termination of the tenancy, to
obtain compensation from the landlord of an amount equal to the increase 4.
1
2
3
4
[2461]
441
Notice of claim
The tenant is entitled to recover compensation only if:
441.1 he has, not later than one month before the termination of the tenancy, given the landlord written notice 1 of his
intention to claim compensation2; and
441.2 a record3 has been made of the condition of the fixed equipment on the holding and of the general condition of
the holding4.
No compensation is recoverable in respect of any matter arising before the date of the making of such record or, if more
than one such record has been made, the first of them5.
1
2
3
4
5
For a notice of intention to claim compensation for a special system of farming, see Form 210 [3997] post.
Ie a record under the Agricultural Holdings Act 1986 s 22.
See the Agricultural Holdings Act 1986 s 70(3). As to the allowance to be made (for compensation for improvements and tenantright matters) in assessing compensation see the Agricultural Holdings Act 1986 s 70(4). The right to compensation for a special
system of farming does not permit a tenant to recover any compensation he would not otherwise be entitled to recover in respect
of improvements (see Paragraphs 421 [2401]433 [2442] ante), tenant-right matters (see Paragraphs 434 [2446]439 [2452]
ante) or market garden improvements (see Paragraphs 442 [2471]445 [2474] post): see the Agricultural Holdings Act 1986 s
70(5).
[2462][2470]
6: MARKET GARDENS
(a) Entitlement to compensation
442
Tenants entitlement to compensation for market garden improvements
A further category of improvements may rank for statutory compensation if carried out on an agricultural holding (or
any part of an agricultural holding 1) to which the Agricultural Holdings Act 1986 applies 2, and in respect of which it is
agreed by an agreement in writing that the holding is to be let or treated as a market garden 3.
Market garden improvements 4 begun on or after 1 March 1948 5 are, in the case of a such a holding, treated as
short-term improvements6 and consequently, in accordance with and subject to the provisions set out above 7, rank for
compensation without any notice having been given to, or consent given by, the landlord.
1
2
3
4
5
6
7
As to tenancies to which the Agricultural Holdings Act 1986 applies, see Paragraphs 301 [2001] and 302 [2004] ante.
See the Agricultural Holdings Act 1986 s 79(1). Note that special provisions apply in respect of tenancies current on 1 January
1896: see the Agricultural Holdings Act 1986 ss 79, 81,s : 12 para 10.
Ie the improvements listed in Paragraph 443 [2472] post.
See the Agricultural Holdings Act 1986 s 79(2). Improvements begun before 1 March 1948 consisting of the erection or
enlargement of buildings for the purpose of the trade or business of a market garden are treated as old improvements: see
Paragraph 421 [2401]424 [2405] ante.
Ie the improvements listed in Paragraph 432 [2441] ante.
As to compensation for short-term improvements, see Paragraph 433 [2442] ante.
[2471]
443
Market garden improvements
Market garden improvements comprise1:
443.1 planting of standard or other fruit trees permanently set out2;
443.2 planting of fruit bushes permanently set out3;
443.3 planting of strawberry plants4;
443.4 planting of asparagus, rhubarb and other vegetable crops which continue productive for two or more years 5;
443.5 erection, alteration or enlargement of buildings for the purpose of the trade or business of a market gardener 6.
1
2
3
4
5
6
See the Agricultural Holdings Act 1986 s 79(2),s : 10 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[2472]
444
Fixtures
In addition to the tenants general right to remove fixtures 1, he may remove from a holding let or treated as a market
garden any buildings acquired for the purposes of his trade or business as a market gardener, whenever such buildings
were erected2.
The tenant of such a holding may also remove during the tenancy all fruit trees and fruit bushes planted by
him and not permanently set out3 but, if the tenant does not exercise this right of removal before the termination of the
tenancy, the right is lost. The trees and bushes then remain the property of the landlord and the tenant is not entitled to
any compensation in respect of them4.
1
2
3
4
See the Agricultural Holdings Act 1986 s 10 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraphs 326 [2091]328
[2093] ante.
See the Agricultural Holdings Act 1986 ss 79(3), 10(2)(c),(d).
[2473]
445
Incoming tenant
The incoming tenant of a holding let or treated as a market garden is entitled to claim compensation in respect of the
whole or part of an improvement purchased by him from an outgoing tenant even though no consent in writing to his
purchase was given by the landlord1.
1
[2474][2480]
(b) Direction that holding is to be treated as a market garden
446
Application for direction
Where the tenant of an agricultural holding desires 1 to make on the holding (or any part of it) an improvement of the
kind specified in the Agricultural Holdings Act 1986, Schedule 10 2 and the landlord refuses, or fails within a reasonable
time, to agree in writing that the holding (or that part of it) is to be treated as a market garden, the tenant may apply to
an agricultural land tribunal for a direction3.
The tribunal, after being satisfied that the holding (or part of it) is suitable for the purposes of market
gardening, may direct that the provisions as to improvements to market gardens 4 are to apply to the holding (or that
part of it) either in respect of all or some only of the specified improvements, and those provisions then apply
accordingly in respect of any such improvement executed after the date of the direction 5.
1
2
3
4
5
It is suggested that any such desire should be communicated in writing.

As to market garden improvements, see Paragraph 443 [2472] ante.
See the Agricultural Holdings Act 1986 s 80(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For the prescribed form of
application, see Form 182 [3835] post.
See the Agricultural Holdings Act 1986 s 79(2)(5). As to market garden improvements, see Paragraph 443 [2472] ante.
[2481]
447
Evesham custom
In any direction given by an agricultural land tribunal that the provisions as to improvements to market gardens are to
apply to a holding1 there are incorporated the terms of the so-called Evesham custom 2. In accordance with this
custom, where a tenancy is terminated by a notice to quit given by the tenant or by reason of the tenants insolvency 3,
the tenant is not entitled to any compensation in respect of improvements specified in the direction unless he satisfies
certain conditions4. The conditions are that:
447.1 the tenant produces to the landlord a written offer 5, from a substantial and otherwise suitable person, to accept,
as from the termination of the existing tenancy and on the same terms and conditions so far as applicable, a new
tenancy of the holding and to pay to the outgoing tenant all compensation payable under the Agricultural
Holdings Act 1986 or under the contract of tenancy; and
447.2 the landlord fails to accept the offer within three months after the tenant has produced it 6.
Where by the application of the Evesham custom a new tenancy with an incoming tenant is created, the new
tenancy is deemed not to be a new tenancy for the purpose of the provisions under which a landlord or a tenant may
seek an arbitration on the question of the rent of the holding 7. Accordingly, neither the landlord nor the tenant needs to
wait for three years before seeking an arbitration on the rent properly payable under the tenancy 8.
[2482]
1
2
3
4
5
6
7
8
See the Agricultural Holdings Act 1986 s 80(3)(5).
As to the meaning of insolvency, see the Agricultural Holdings Act 1986 s 96(2).
The notice containing the offer must be given not later than one month after the date on which the notice to quit is given, or the
date of the insolvency, or such later date as may be agreed, and the offer must hold good for 3 months from the date on which it
is produced: see the Agricultural Holdings Act 1986 s 80(4)(a).
See the Agricultural Holdings Act 1986 s 80(8). As to arbitration of rent, see Paragraphs 334 [2116]342 [2125] ante.
As to frequency of arbitration, see Paragraph 340 [2123] ante.
[2483]
448
Protection of landlord
A direction that all or part of a holding is to be treated as a market garden 1 may be given subject to such conditions (if
any) for the protection of the landlord as the agricultural land tribunal thinks fit 2. In particular, where a direction relates
to a part only of a holding, the direction may, on the landlords application, provide that it is to take effect only if the
tenant consents to the division of the holding into two parts. The direction will then relate to one part, to be held at rents
agreed (or, in default of agreement, settled by statutory arbitration), but otherwise on the same terms and conditions, so
far as applicable, as those on which the holding is already held 3.
1
2
3
[2484][2490]
(c) Agreements
449
Agreements as to compensation
Where a written agreement secures to the tenant of an agricultural holding, in respect of a market garden
improvement1, fair and reasonable compensation (having regard to the circumstances existing at the date when the
agreement was made), then the agreed compensation is substituted for the statutory compensation for that
improvement2.
A landlord and tenant who agree that the holding is to be let or treated as a market garden may by writing
substitute the provisions as to compensation known as the Evesham custom 3 for the provisions that would otherwise
be applicable to the holding4.
1
2
3
4
Ie an improvement for which compensation is payable by virtue of the Agricultural Holdings Act 1986 ss 79, 80 (1 Halsburys
Statutes (4th Edn) AGRICULTURE).
As to the Evesham custom, see Paragraph 447 [2482] ante.
[2491][2500]
7: DAMAGE BY GAME
450
Tenants entitlement to compensation for damage by game
The tenant of an agricultural holding to which the Agricultural Holdings Act 1986 applies 1 is, in certain circumstances,
entitled to compensation from his landlord if the tenant has sustained damage to his crops from any wild animals or
birds he does not have written permission to kill 2. The right to kill and take those animals or birds must be vested in the
landlord or anyone (other than the tenant) claiming under the landlord 3. The tenant must give his landlord:
450.1 written notice within one month after he first becomes, or ought reasonably to have become, aware of the
occurrence of the damage 4;
450.2 a reasonable opportunity to inspect the damage 5:
450.2.1 in the case of damage to a growing crop, before the crop is begun to be reaped, raised or consumed;
450.2.2 where the crop has been reaped or raised, before the crop is begun to be removed from the land; and
450.3 written notice of the claim, together with particulars of it, within one month after the expiry of the year 6 in
respect of which the claim is made 7.
1
2
3
4
5
6
7
As to holdings to which the Agricultural Holdings Act 1986 applies, see Paragraphs 301 [2001] and 302 [2004] ante.
Where the right to kill and take wild animals or birds that caused the damage is vested in some person other than the landlord,
the landlord is entitled to an indemnity from that other person against all claims for compensation under the Agricultural
Holdings Act 1986 s 20, and any question arising under this provision is to be determined by statutory arbitration: see the
See the Agricultural Holdings Act 1986 s 20(2)(a). For a notice of occurrence of damage by game, see Form 219 [4011] post.
Year means any period of 12 months ending, in any year, with 29 September or with such other date as may by agreement
between the parties be substituted for that date: see the Agricultural Holdings Act 1986 s 20(3)(b).
See the Agricultural Holdings Act 1986 s 20(2)(c). For a notice of claim, see Form 220 [4013] post.
[2501]
451
Measure of compensation for damage by game
The amount of compensation for damage by game must, in default of agreement between the parties made after the
damage has been suffered, be determined by statutory arbitration 1.
1
[2502][2510]
8: MILK QUOTA
452
Tenants entitlement to claim
The tenant of an agricultural holding is entitled to claim compensation from the landlord on termination of the tenancy
in respect of milk quota1 if:
452.1 the tenancy in question is a tenancy from year to year; or is one treated as such by the operation of the
Agricultural Holdings Act 1986 section 2 2; or is a fixed term tenancy of two years or more to which the
Agricultural Holdings Act 1986 section 3 applies; or is a tenancy that would give rise to security but for the fact
that prior Ministry consent or approval under the Agricultural Holdings Act 1986 sections 2 or 5 3 was
obtained4;
452.2 the tenancy of the land has terminated 5;
452.3 the tenant has milk quota registered as his 6 in relation to a holding 7 consisting of or including the land
comprised in the tenancy;
452.4 the milk quota was allocated directly to the tenant in relation to land comprised in the holding (allocated
quota)8, or either the tenant had milk quota allocated to him or he was in occupation of the land comprised in
the tenancy on 2 April 1984 (whether or not under the tenancy that is terminating) and subsequently had milk
quota transferred to him through a transaction the cost of which he bore wholly or partly himself (transferred
quota)9.
1
2
3
See the Agriculture Act 1986 s 13,s : 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and the Milk Quota (Calculation of
Standard Quota) Order 1986/1530 as amended.
As to tenancies treated as tenancies from year to year, see Paragraphs 310 [2026]313 [2029] ante.
As to excluding security with the Ministers consent, see Paragraph 355 [2183] ante.
[2511]
4
5
6
See the Agriculture Act 1986,s : 1 para 18(1). A tenancy of between one and two years or a letting or licence for grazing or
mowing (or both) during some specified period of the year are outside the definition.
See the Agriculture Act 1986,s : 1 para 1(1).
See the Agriculture Act 1986,s : 1 para 1(1). If the tenant himself is the registered producer, no difficulty about his entitlement to
compensation will arise. If the registered producer is the farm partnership of which the tenant is a partner, the compensation will
be distributed in accordance with the partnership terms. However, if the registered producer is a farming company and not an
individual tenant, it is arguable that the tenant will not be entitled to claim. Moreover, if, after the tenancy has ended, the identity
of the producer is changed retrospectively to correspond with the identity of the tenant, it is questionable whether such a
procedure will enable a valid application to be made.
Under the Agriculture Act 1986,s : 1 para 18(1), holding has the same meaning as in the Dairy Produce Quotas Regulations
1994/672, which provide that holding has the meaning assigned to it by Article 9(d) of Council Regulation (EC) 3950/92.
Article 9(d) provides that holding means all the production units operated by the single producer and located within the
geographical territory of the EC.
Accordingly, a holding for milk quota purposes is any land thus used by a producer and may consist of different parcels of
land held under different forms of tenure, not necessarily having any physical unity.
See the Agriculture Act 1986,s : 1 para 1(1)(a). This provision refers to compensation payable in respect of so much of the
relevant quota as consists of allocated quota. The relevant quota is defined in the Agriculture Act 1986,s : 1 para 1(2) as:
(a)
in a case where the holding consists only of the land subject to the tenancy, the milk quota registered in relation to the
holding; and
(b)
otherwise, such part of that milk quota as falls to be apportioned to that land on the termination of the tenancy.
See the Agriculture Act 1986,s : 1 para 1(1)(b). As to the transfer of milk quota generally, see vol 2(2) (1998 Reissue)
AGRICULTURE Paragraph 17 [38] et seq .
[2512]
453
Compensation payable
The compensation to which the tenant may be entitled is payable under three heads:
453.1 compensation for excess of allocated quota1 over standard quota2;
453.2 compensation for the tenants fraction of the standard quota calculated by reference to investments made by
the tenant in dairy improvements and fixed equipment 3;
453.3 compensation for transferred quota4 to the extent that the tenant has financed the transaction 5.
The value of milk quota to be taken into account in calculating the payment to which the tenant is entitled is the value
of the milk quota at the time of the termination of the tenancy. In determining that value, all available evidence is to be
taken into account, including evidence as to the difference in market price paid for land where milk quota is registered
and where it is not registered6.
1
2
3
4
5
6
As to allocated quota, see Paragraph 452.4 [2511] ante.

See the Agriculture Act 1986 s 13,s : 1 para 5(2)(ii) (1 Halsburys Statutes (4th Edn) AGRICULTURE). Standard quota is to be
calculated by multiplying the relevant number of hectares (as defined in the Agriculture Act 1986 para 6(1)(a)) by the prescribed
quota per hectare (as contained in the Milk Quota (Calculation of Standard Quota) Order 1986/1530 as amended): see the
Agriculture Act 1986,s : 1 para 6.
See the Agriculture Act 1986,s : 1 para 5(2)(i). Tenants fraction is defined by the Agriculture Act 1986,s : 1 para 7.
As to transferred quota, see Paragraph 452.4 [2511] ante.
See the Agriculture Act 1986,s : 1 para 9.
[2513]
454
Request for arbitration
Where the tenant may be entitled to payment of compensation for milk quota, either the landlord or the tenant may at
any time before the termination of the tenancy, by notice in writing served on the other, demand that the determination
of the standard milk quota for the land or the tenants fraction be referred to arbitration 1. On the matter being referred to
arbitration the arbitrator must determine the standard milk quota or the tenants fraction for the land, in so far as the
tenants fraction is determinable as at the date of reference 2. An arbitrator appointed to determine the tenants claim for
compensation following termination of the tenancy must award payment in accordance with a determination made in
advance of the tenancy terminating, unless it appears to him that any circumstances relevant to his determination were
materially different at the time of the termination of the tenancy from those subsisting at the time that the determination
was made3. If a material difference can be identified, the arbitrator must disregard so much of the determination as
appears to him to be affected by the change in circumstances 4.
1
2
3
4
See the Agriculture Act 1986 s 13,s : 1 para 10(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For forms of demand for
arbitration, see Forms 222 [4017] (arbitration of standard quota) and 223 [4019] (arbitration of tenants fraction) post.
See the Agriculture Act 1986,s : 1 para 11(6)(b),(7).
[2514]
455
Agreement of standard quota or tenants fraction
At any time before the termination of the tenancy the landlord and the tenant may agree in writing the amount of the
standard quota1 for the land comprised in the tenancy or the tenants fraction or the value of the milk quota which is to
be used for the purpose of calculating the payment due to the tenant on quitting 2. An arbitrator appointed to determine
the tenants claim for compensation following termination must award payment in accordance with a written agreement
unless it appears to him that any circumstances relevant to the agreement were materially different at the time of the
termination of the tenancy from those subsisting at the time the agreement was made. If a material difference can be
identified he must disregard so much of the agreement as appears to him to be affected by the change in
circumstances3.
1
2
3
Standard quota is to be calculated by multiplying the relevant number of hectares (as defined in the Agriculture Act 1986 para
6(1)(a)) by the prescribed quota per hectare (as contained in the Milk Quota (Calculation of Standard Quota) Order 1986/1530 as
amended): see the Agriculture Act 1986,s : 1 para 6 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agriculture Act 1986 s 13,s : 1 para 11(6)(a). For an agreement as to the amount of standard quota, see Form 224 [4021]
post.
[2515]
456
Notice of claim and settlement
In order to claim compensation for milk quota, the tenant must serve notice in writing on the landlord of his intention to
make the claim within two months of the termination of the tenancy, failing which the claim is unenforceable 1. The
landlord and the tenant may within the period of eight months from the termination of the tenancy, by agreement in
writing, settle the claim but where the claim has not been settled during that period it must be determined by arbitration
under the Agricultural Holdings Act 1986 2. These two general rules are subject to special provisions in relation to
tenancies in respect of which application for succession has been made 3. The Agricultural Holdings Act 1986 section
84, which governs arbitrations under that Act, applies to the tenants claim for compensation for milk quota on
termination of the tenancy, subject to the variation that the arbitrator must fix the date for payment of compensation,
costs or otherwise not later than three months after the date of the award 4.
1
2
3
4
See the Agriculture Act 1986 s 13,s : 1 para 11(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE. For a notice of intention to
claim compensation, see Form 225 [4023] post.
See the Agriculture Act 1986,s : 1 para 11(2). For an agreement as to compensation, see Form 226 [4025] post.
[2516]
457
Special provisions
Special provisions are made concerning the tenants compensation in relation to tenancies to which a statutory
succession applies on death or retirement 1; tenancies that are assigned after 2 April 1984 whether by deed or operation
of law2; subtenancies that terminate after 2 April 1984 3; and in relation to termination of the tenancy of part of the
tenanted land4 and severance of the reversionary estate5.
1
2
3
4
5
See the Agriculture Act 1986 s 13,s : 1 para 2 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[2517][2525]
H: COMPENSATION PAYABLE TO LANDLORD

458
Deterioration of particular parts of holding
The landlord of an agricultural holding to which the Agricultural Holdings Act 1986 applies 1 is entitled to recover from
a tenant, on the tenants quitting the holding on the termination of his tenancy, statutory compensation in respect of the
dilapidation or deterioration of, or damage to, any part of the holding or anything in or on the holding caused by nonfulfilment by the tenant of his responsibilities to farm in accordance with the rules of good husbandry 2. The amount of
compensation is the cost, as at the date of the tenants quitting the holding, of making good the dilapidation,
deterioration or damage 3.
As an alternative to a claim for this statutory compensation, the landlord may claim compensation in respect
of the same matters4 but under and in accordance with a written contract of tenancy 5. Such non-statutory compensation
may be claimed only on the tenants quitting the holding on the termination of his tenancy 6. Compensation in respect of
any one holding cannot be recovered both under the contract and under the Agricultural Holdings Act 1986 7.
1
2
3
4
5
6
7
As to holdings to which the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE) applies, see
See the Agricultural Holdings Act 1986 s 71(1). As to the rules of good husbandry, see the Agriculture Act 1947 s 11 (1
See the Agricultural Holdings Act 1986 s 71(2). The amount of such compensation payable, either under the Agricultural
Holdings Act 1986 or under a written contract, must not exceed the amount (if any) by which the value of the landlords
reversion is diminished owing to such dilapidation, deterioration or damage: see the Agricultural Holdings Act 1986 s 71(5).
Ie the matters specified in the Agricultural Holdings Act 1986 s 71(1).
[2526]
459
General deterioration of holding
Where the landlord shows that the value of the holding generally has been reduced, whether by reason of any such
dilapidation, deterioration or damage as is mentioned above 1 or otherwise by non-fulfilment by the tenant of his
responsibility to farm in accordance with the rules of good husbandry 2, then, on the tenants quitting the holding at the
termination of the tenancy, the landlord is entitled to recover from the tenant compensation for the reduction in value,
in so far as he has not already been compensated under the above provisions, relating to the dilapidation, deterioration
or damage to particular parts of the holding3.
The compensation for this general reduction in value is not recoverable unless the landlord, not later than one
month before the termination of the tenancy, gives to the tenant written notice of his intention to claim such
compensation4. The measure of compensation is an amount equal to the decrease in the value of the holding as a
holding, having regard to its character and situation and the average requirements of tenants reasonably skilled in
husbandry5.
1
2
3
4
5
Ie dilapidation or deterioration of, or damage to, any part of the holding or anything in or on the holding caused by nonfulfilment by the tenant of his responsibilities to farm in accordance with the rules of good husbandry: see the Agricultural
Holdings Act 1986 s 71(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the rules of good husbandry, see the Agriculture Act 1947 s 11 (1 Halsburys Statutes (4th Edn) AGRICULTURE) applied by
the Agricultural Holdings Act 1986 s 96(3).
See the Agricultural Holdings Act 1986 s 72(4). For a notice of intention to claim compensation for general deterioration of the
holding, see Form 212 [3999] post.
[2527]
460
Successive tenancies
When the tenant of a holding has remained during two or more tenancies, his landlord is not deprived of his right to
compensation under the above provisions1 by reason only that the tenancy during which an act or omission occurred
which in whole or in part caused the dilapidation, deterioration or damage was a tenancy other than that at the
termination of which the tenant quits the holding2.
1
2
Ie the provisions outlined in Paragraphs 458 [2526] and 459 [2527] ante.
See the Agricultural Holdings Act 1986 s 73 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[2528][2535]
I: PROCEDURES FOR SETTLEMENT OF CLAIMS

1: NOTICE AND AGREEMENT
461
Procedure on termination of tenancy
A claim of whatever nature by the landlord or the tenant of an agricultural holding to which the Agricultural Holdings
Act 1986 applies1, being a claim against the other which arises:
461.1 under the Agricultural Holdings Act 1986 or any custom or agreement; and
461.2 on or out of the termination of the tenancy of the holding or part of it;
is determinable by arbitration under the Act and is not enforceable unless, before the expiry of two months from the
termination2 of the tenancy, the claimant has served written notice 3 on his landlord or tenant, as the case may be, of his
intention to make the claim4. The notice must specify the nature of the claim, but it is sufficient if the notice refers to
the statutory provision, custom or term of an agreement under which the claim is made 5.
1
2
3
4
5
As to holdings to which the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE) applies, see
Where a tenant lawfully remains in occupation of part of an agricultural holding after the termination of a tenancy, references to
termination are to be construed, in the case of a claim relating to that part of the holding, as references to the termination of the
occupation: see the Agricultural Holdings Act 1986 s 83(6) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
For a notice of intention to make a claim on termination of a tenancy, specifying the nature of the claim, see Form 213 [4000]
post.
[2536]
462
Agreement or arbitration
Whether a claim is made by the landlord or the tenant, they may, by agreement in writing within the period of eight
months from the termination 1 of the tenancy, settle the claim 2. Where by the expiry of such period the claim is not
settled, it must be determined by arbitration under the Agricultural Holdings Act 1986 3.
1
2
3
Where a tenant lawfully remains in occupation of part of an agricultural holding after the termination of a tenancy, references to
termination are to be construed, in the case of a claim relating to that part of the holding, as references to the termination of the
occupation: see the Agricultural Holdings Act 1986 s 83(6) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Holdings Act 1986 s 83(4). For an agreement as to compensation on termination of tenancy, see Form 216
[4005] post.
See the Agricultural Holdings Act 1986 s 83(5). For statements of case for arbitration of matters arising on quitting a holding, see
Form 145 [3595] (tenants case) and 146 [3599] (landlords case) post.
[2537][2540]
2: ENFORCEMENT
463
Recovery of compensation etc
Where a sum agreed or awarded under the Agricultural Holdings Act 1986 to be paid for compensation, costs or
otherwise by the landlord or the tenant of an agricultural holding is not paid within 14 days after the time when the
payment becomes due, it is recoverable on an order made by the county court as if it were money ordered to be paid by
the county court under its ordinary jurisdiction 1. A landlord entitled otherwise than for his own benefit (eg as a trustee)
is not, however, personally liable to pay such sums 2.
Where a sum becomes due to a tenant of an agricultural holding in respect of compensation from the landlord
(whether entitled for his own benefit or not) and the landlord fails to discharge his liability within the period of one
month from the date on which the sum becomes due, the tenant is entitled to obtain from the Minister 3 an order
charging the holding with payment of the amount due4.
1
2
3
4
See the Agricultural Holdings Act 1986 s 85(2),(3)(b). Such a charge is a Class A land charge and should be protected by
registration under the Land Charges Act 1972 s 2(1) (37 Halsburys Statutes (4th Edn) REAL PROPERTY): see vol 25(1) (1995
Reissue) LAND CHARGES Paragraph 38 [261]. Where title to the land charged is registered at HM Land Registry, protection by
notice or caution under the Land Registration Act 1925 (37 Halsburys Statutes (4th Edn) REAL PROPERTY) is appropriate: see
vol 25(1) (1995 Reissue) LAND REGISTRATION Paragraph 172 [2461] et seq.
[2541][2545]
3: ARBITRATION
464
Matters referred to statutory arbitration
Provision is made in the Agricultural Holdings Act 1986 for the determination by statutory arbitration of certain
questions arising during the currency of the tenancy of an agricultural holding 1. Also, any claim of whatever nature by
the landlord or the tenant against the other, being a claim arising under the Agricultural Holdings Act 1986 or any
custom or agreement and on or out of the termination of the tenancy of the whole or part of the holding, must, subject
to the provisions as to notice of claims 2 and settlement of claims by agreement 3, be determined by statutory
arbitration4.
1
The matters to be referred to arbitration under the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn)
AGRICULTURE) during the currency of the tenancy are:
(1)
any dispute arising from the restriction on letting agricultural land for less than from year to year: see the Agricultural
Holdings Act 1986 s 2(4);
(2)
the terms of the tenancy where there is no written agreement or an incomplete agreement: see the Agricultural
Holdings Act 1986 s 6(1) and for a notice of reference to arbitration, see Form 118 [3505] post;
(3)
any matter arising under the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations
1973/1473: see the Agricultural Holdings Act 1986 s 7(2);
(4)
the terms of the tenancy where these are not in conformity with the model clauses set out in the Agriculture
(Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973: see the Agricultural Holdings Act 1986 s
8(2) and for a notice of reference to arbitration, see Form 120 [3508] post;
[2546]
(5)
2
3
4
the amount of any compensation for transfer of liability for maintenance of any item of fixed equipment from the
tenant to the landlord: see the Agricultural Holdings Act 1986 s 9(1) and for a notice of reference to arbitration, see
Form 122 [3511] post;
(6)
any dispute as to the amount payable for fixtures or buildings the landlord elects to purchase: see the Agricultural
Holdings Act 1986 s 10(6);
(7)
the amount of rent payable from the next termination date: see the Agricultural Holdings Act 1986 s 12(1) and for a
notice of demand for arbitration, see Form 130 [3526] post;
(8)
any dispute as to increases of rent for landlords improvements: see the Agricultural Holdings Act 1986 s 13(7);
(9)
the question whether it is expedient to reduce the area of land required to be maintained as permanent pasture: see the
Agricultural Holdings Act 1986 s 14(2) and for a notice of demand for arbitration, see Form 134 [3534] post;
(10)
the amount of compensation for damage by game: see the Agricultural Holdings Act 1986 s 20(4);
(11)
the amount of any reduction in rent where notice to quit part of the holding is given: see the Agricultural Holdings
Act 1986 s 33(2); and
(12)
the terms of a tenancy obtained by succession on the death of the tenant and/or the rent under it: see the Agricultural
Holdings Act 1986 s 48(3),(4) and for a demand for arbitration, see Form 201 [3913] post.
As to notice of claims, see Paragraph 461 [2536] ante.
As to settlement by agreement, see Paragraph 462 [2537] ante.
[2547]
465
Appointment of arbitrator
Any matter which by or by virtue of the Agricultural Holdings Act 1986 is required to be determined by arbitration
must, notwithstanding any agreement providing for a different method, be determined by the arbitration of a single
arbitrator in accordance with the provisions laid down for this purpose 1. The provisions of the Arbitration Act 1950 are
expressly excluded2. Despite the statutory nature of the arbitration, an arbitrator may be appointed by agreement
between the parties themselves 3. In default of such agreement the President of the Royal Institution of Chartered
Surveyors will appoint the arbitrator on the written application of either of the parties 4 from a special panel constituted
for the purpose5.
An appointment when made must be in writing 6, and becomes effective when the arbitrator accepts his
appointment7. If an arbitrator fails to act for seven days after receiving from either party a written 8 notice requiring him
to do so, a new arbitrator may be appointed as if no arbitrator had been appointed 9. A similar right of new appointment
arises if the arbitrator dies or becomes incapable of acting 10. Subject to the above, however, neither party has power to
revoke the appointment of the appointed arbitrator without the consent of the other 11. By implication it follows that
both parties may jointly in writing revoke an arbitrators appointment 12. The county court is empowered to remove an
arbitrator on the ground of misconduct13.
1
2
3
4
5
6
7
8
Ie the provisions of the Agricultural Holdings Act 1986 s 84(1),s : 11 (1 Halsburys Statutes (4th Edn) AGRICULTURE), and the
Agricultural Holdings (Form of Award in Arbitration Proceedings) Order 1990/1472.
See the Agricultural Holdings Act 1986,s : 11 para 1(1). For an appointment of an arbitrator by agreement, see Form 141 [3583]
post. As to the fee that must accompany the application to the President of the Royal Institution of Chartered Surveyors see the
Agricultural Holdings Act 1986,s : 11 para 1(2) and Service: Fees.
See the Agricultural Holdings Act 1986,s : 11 paras 1(1), 5. For applications, see Forms 143 [3589] (landlords claim for
increase of rent on completion of improvements) and 144 [3592] (terms and/or rent of new tenancy on succession) post.
See the Agricultural Holdings Act 1986,s : 11 para 1(1), (5).
Sclater v Horton [1954] 2 QB 1, [1954] 1 All ER 712, CA; as to the acceptance of an appointment by an arbitrator, see also
Hannaford v Smallacombe [1994] 15 EG 155, CA.
9
10
11
12
13

11 para 2.
11 para 2.
11 para 4.
11 para 4, 5.
11 para 27(1).
[2548]
466
Conduct of arbitration
Within 35 days of the appointment of an arbitrator, each party to the arbitration must submit a statement of his case
with particulars1 and relevant documents (for example, the contract of tenancy and any abortive request for a tenancy
agreement or variation of the terms of the contract of tenancy that was a condition precedent to the reference). Except
with the consent of the arbitrator, a partys case may not be subsequently amended 2 and each party is confined at the
hearing to matters alleged in his statement and particulars and any due amendment of such statement and particulars 3.
At the hearing the parties and their witnesses, if the arbitrator thinks fit, are examined on oath or affirmation 4 and the
parties must produce such samples and documents as the arbitrator may require 5. Witnesses may be summoned to
appear and for this purpose the county court rules are applied to the arbitration proceedings 6.
1
2
3
4
5
6
See the Agricultural Holdings Act 1986 s 84,s : 11 para 7 (1 Halsburys Statutes (4th Edn) AGRICULTURE). For forms of
statement of case, see Forms 145 [3595] (tenants case on quitting holding) and 146 [3599] (landlords case on tenant quitting
holding) post. Note that the arbitrator has no discretion to extend the statutory 35 day time limit: Hannaford v Smallacombe
[1994] 15 EG 155, CA.
See the Agricultural Holdings Act 1986,s : 11 para 7(a).
See the Agricultural Holdings Act 1986,s : 11 para 7(b).
[2549]
467
Statement of case for county court
The arbitrator may at any stage in the proceedings and must, if so directed by a county court judge on the application of
either party, state a case for the opinion of the county court on any question of law arising in the proceedings or on any
question as to the arbitrators own jurisdiction1.
1
See the Agricultural Holdings Act 1986 s 84,s : 11 para 26 (1 Halsburys Statutes (4th Edn) AGRICULTURE). For a statement of
special case for the opinion of the county court, see Form 148 [3608] post.
[2550]
468600 The award
The arbitrator must make and sign his award within 56 days of his appointment 1 unless this time is extended by the
President of the Royal Institution of Chartered Surveyors 2. The award is final and binding on the parties 3. An award
may, however, be set aside by the county court for the misconduct of the arbitrator, or on the grounds that the award
was improperly procured or that there is an error of law on the face of the award 4. Costs may be awarded by the
arbitrator5 and are subject to taxation in the county court6.
1
2
3
4
5
6
See the Agricultural Holdings Act 1986 s 84,s : 11 para 14(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). For the
prescribed form of award, see Form 147 [3602] post.
See the Agricultural Holdings Act 1986,s : 11 para 14(2).
See the Agricultural Holdings Act 1986,s : 11 para 27(2).
[2551][3000]

A: AGREEMENTS AND LICENCES
101
Agreement for letting a farm from year to year with alternative repairing liabilities 1

(1)
(name of landlord) of (address) (the Landlord which expression where the context permits is to include the
person for the time being entitled to the rent payable under this agreement) and
(2)
(name of tenant) of (address) (the Tenant which expression where the context permits is to include his
successors in title)2
[3001]
In this agreement:
1.1
the Holding means the agricultural holding [including the shooting rights over it] known as (name of
holding) situate at (insert details) and extending to approximately hectares ( acres) particulars
of which are set out in schedule 1, shown [for the purpose of identification only] edged red on the plan
attached to this agreement3;
[3002]
1.2
the Commencement Date means (date);
1.3
the Commencing Rent means the rent stated in sub-clause 5.1;
1.4
words importing corporations include persons (whether masculine or feminine as the case may be) and vice
versa, words importing the masculine gender only include the feminine gender, words importing the singular
number only include the plural number and vice versa and where there are two or more individuals included
in the expression the Tenant covenants expressed to be made by him or them are to be deemed to be made
by such persons jointly and severally;
1.5
reference to any Act or statutory instrument includes reference to any re-enactment or modification of such
Act or statutory instrument;
1.6
clause headings in this agreement do not form part of this agreement 4;
1.7
save where otherwise stated any reference to a numbered clause, subclause or schedule means the clause,
subclause or schedule in this agreement that is so numbered.
The Holding
The Landlord agrees to let and the Tenant agrees to take the Holding together with all Landlords fixtures and fittings,
excepting and reserving to the Landlord as more particularly set out in schedule 2.
Term
The tenancy is to commence on the Commencement Date and continue from year to year until determined at the end of
any year of the tenancy by either party giving to the other not less than 12 months previous notice in writing.
[3003]
Existing easements and reservations
The Holding is let subject to all public and private rights of way and all other easements and agreements (if any)
affecting it and to the exceptions and reservations mentioned below.
Rent
5.1
The rent is to be a year and is to continue at the same yearly sum until such time as a different rent
is substituted for it5, either by agreement or by arbitration under the provisions of the Agricultural Holdings
Act 1986, after which the rent is to be the substituted rent.
5.2
Any agreement by which a new rent for the Holding is agreed is to be deemed to be made under this clause
and not to create a fresh tenancy agreement unless otherwise specifically stated.
5.3
The rent is to be payable half yearly [in advance (or) in arrears] on 25 March and 29 September in each year
the first payment (being a proportionate part of the rent) to be made on (date).
5.4
The Commencing Rent is to be reviewed on the [third] anniversary of the Commencement Date (if the
tenancy so long continues) and the rent payable from that date is to be the rent (not being less than the
Commencing Rent) that an arbitrator appointed immediately before that date pursuant to a reference to
arbitration properly demanded by the Landlord under the Agricultural Holdings Act 1986 section 12 would
determine to be properly payable in respect of the Holding under the provisions of that section, and in default
of agreement the rent payable is to be determined by a single arbitrator to be appointed in accordance with
the provisions of the Agricultural Holdings Act 1986.
[3004]
Agreements by the Tenant
The Tenant agrees with the Landlord as follows:
6.1
Rent
The Tenant must pay the rent reserved above and all existing and future rates, land drainage charges and other taxes and
outgoings of an annual or recurring nature except owners drainage rates.
6.2
Reimbursement ingoing
[The Tenant must pay to the Landlord on demand the amount payable or to become payable by the Landlord to the
outgoing tenant in respect of the Holding (other than disturbance compensation and game damage) under a claim
arising on or out of the termination of his tenancy of the Holding together with all reasonable and necessary costs and
expenses incurred by the Landlord in respect of any valuation or arbitration in ascertaining such sum or sums without
deducting any payments made or payable by the outgoing tenant to the Landlord and to expend any amount paid to the
Tenant by the Landlord towards carrying out his (the Tenants) obligations under this agreement.
(or)
The Tenant must pay to the Landlord all sums properly payable by an incoming tenant for growing crops, tillages, dead
stock and other matters to which the Landlord would be entitled if he were an outgoing tenant holding under the terms
of this agreement after deducting all sums the Landlord would be liable to pay if he were an outgoing tenant holding on
those terms, the amount so payable to be ascertained in default of agreement according to a valuation to be made by a
single valuer (to be appointed in default of agreement by the President of the Royal Institution of Chartered Surveyors)
whose valuation is to be final, the amount so ascertained to be payable on demand by the Tenant to the Landlord.]
[3005]
6.3
Water extraction
On entering the Holding the Tenant must give all necessary notices and make all necessary applications and payments
to preserve any existing licence granted in respect of the Holding under the Water Resources Act 1991 or any similar
enactment, and subsequently must continue the licence in force during the tenancy and must not surrender it without
the consent in writing of the Landlord or by any act or omission jeopardise the licence.
6.4
Use
The Tenant must not use or permit or suffer the use of the Holding or any part of it for any purpose other than
agriculture and in particular must not use it for:
6.4.1
the display of advertisements;
6.4.2
camping;
6.4.3
the parking of caravans;
6.4.4
holding fairs, racing, coursing, matches, games, contests, rallies, musical festivals or bathing by the public; or
6.4.5
as a market garden
and the Tenant must manage and farm the Holding as [a dairy (or) (as the case may be)] farm for which sole purpose it
is let
[3006]
6.5
System of farming
The Tenant must not change the system of farming as [a dairy (or) (as the case may be)] farm without the consent of
the Landlord, whose consent may not be unreasonably withheld [or delayed], and where a change is consented to the
Tenant and not the Landlord is to be liable for all additional works of maintenance, repairs or improvements necessary
or desirable to be carried out on the Holding in consequence of the altered type of farming.
6.6
Limit on consent
Nothing contained in this agreement and no consent by the Landlord to a change in the type of farming under subclause 6.5 is to be deemed to be a consent in writing either for the purposes of this agreement or the Agricultural
Holdings Act 1986 section 67 or to any of the improvements set out in the Agricultural Holdings Act 1986, Schedule
10.
6.7
Dispute as to consent
Any dispute as to whether consent is unreasonably withheld under the provisions of sub-clause 6.5 is to be determined
by a single arbitrator appointed in default of agreement by the President of the Royal Institution of Chartered
Surveyors.
6.8
Good husbandry
The Tenant must cultivate and manage the Holding according to the rules of good husbandry as defined in the
Agriculture Act 1947 section 11 so as not to impoverish or deteriorate the land and to keep and leave the Holding clean
and in good heart and condition.
[3007]
6.9
Pests
The Tenant must take all reasonable and practicable steps to keep the Holding free from infestation by insects and other
pests and to destroy rabbits, moles, rats and other vermin and to spread mole-hills and ant-hills upon the Holding.
6.10
Weeds
The Tenant must take all reasonable steps to control and destroy all harmful or injurious weeds throughout the Holding.
6.11
Notifiable diseases
The Tenant must immediately notify the Landlord in writing of any outbreak or suspected outbreak of any notifiable
disease of crops or stock on the Holding.
6.12
Farming in last year
In the last year of the tenancy the Tenant must farm and cultivate the Holding in accordance with the reasonable
requirements (if any) of the Landlord notified to the Tenant in writing.
6.13
Sprays
When using any sprays the Tenant must take all reasonable care to ensure that adjoining hedges trees and crops are not
adversely affected and must make good or replant as necessary should any damage occur and so far as possible must
select and use chemicals, whether for spraying, seed dressing or any other purposes whatever, that will cause the least
harm to game birds and other wild-life other than vermin or pests.
[3008]
6.14
Fire
The Tenant must not burn any straw left on the stubble behind the combine harvester and must use his utmost
endeavours to prevent any fire from burning or scorching any hedgerow or tree on the Holding or from spreading to
any part of any adjoining property whether belonging to the Landlord or not and in the event of damage occurring to
any part of such property the Tenant must pay the cost of reinstating it and must pay to the Landlord full compensation
for the loss of timber and for damage caused to the Landlords interests as reserved in this agreement and must
indemnify the Landlord from and against all claims that may be made by reason of damage to the property of any third
party.
[6.15
Stocking
The Tenant must keep the Holding properly stocked and use his best endeavours to stock the Holding with disease-free
[cattle].]
6.16
Grassland
The Tenant must not plough or break up any land described in schedule 1 as meadow, grass or permanent pasture
without the previous written consent of the Landlord.
[3009]
6.17
Turf and topsoil
The Tenant must not remove from the Holding any turf or top soil without the previous written consent of the Landlord.
6.18
Cropping
Subject to his rights under the Agricultural Holdings Act 1986 section 15, the Tenant must not take from the arable land
more than straw crops in succession and must not have more than of such crops in corn or grain and on
quitting must leave reasonable and proper proportions in or in course for winter corn, spring corn, maiden seeds, leys or
roots and forage crops.
6.19
[Sale of keep (or) Agistment]
[(Sale of keep)The Tenant must not sell any grass, keeping, grazing or growing crops on the Holding or take in
livestock of any third party or in which a third party has an interest to keep without the previous written consent of the
Landlord.]
[(Agistment) The Tenant must not without the previous written consent of the Landlord grant to any person a licence to
graze stock on the Holding, or take to feed on the Holding stock belonging to any other person.]
[3010]
6.20
Charges
The Tenant must notify the Landlord in writing of any charge made under the authority of the Agricultural Credits Act
1928 immediately on the completion of any document evidencing such charge.
6.21
Sale of crops
The Tenant must not sell off or remove, but must consume on the Holding, all grasses, clover and forage crops whether
harvested or not and all fodder, straw and roots grown on the Holding in the last year of the tenancy or remaining
unconsumed from previous years, and must leave for the use of the Landlord or incoming tenant all such grasses,
clover and forage crops, fodder, straw and roots that remain unconsumed when the Tenant quits the Holding.
6.22
Manure
The Tenant must return to the Holding the full equivalent manurial value of any grasses, clover or forage plants
whether green or conserved or any fodder, straw, roots or other produce of the Holding sold or removed from it at any
time prior to the last year of the tenancy.
6.23
Records of cropping etc
The Tenant must keep and on the request of the Landlord produce at any reasonable time true records of all cropping
and true accounts with all necessary vouchers of all hay, straw and other produce sold off the Holding and of the
provision made for the return to the Holding of the full equivalent manurial value of all crops sold off or removed from
the Holding and of the provisions made to protect the Holding from injury or deterioration in consequence of the
exercise by the Tenant of his right to cropping and sale of produce under the Agricultural Holdings Act 1986 section 15.
6.24
Dung
The Tenant must spread annually on the Holding all farmyard manure and compost produced and made on the Holding
and at the termination of the tenancy must leave carefully stored all such farmyard manure and compost not already
spread.
[3011]
6.25
Orchards and gardens
The Tenant must keep all orchards and gardens in a proper state of cultivation, well manured and in good heart and
must protect the Holding from damage by cattle or otherwise howsoever.
6.26
Pruning
The Tenant must prune all fruit trees and bushes at proper seasons and at his own expense replace dead and worn out
fruit trees with other fruit trees suitable to the district, provided that the Tenant may at his option, in lieu of replacing
individual trees, grub up and replace the whole or a substantial part of an orchard in accordance with a scheme
approved by the Landlord or in default of such approval found to be a reasonable scheme by an arbitrator agreed
between the parties or in default of agreement appointed by the President of the Royal Institution of Chartered
Surveyors.
6.27
Soil analysis
When so required by and at the expense of the Landlord the Tenant must have taken a proper analysis of the soil of the
Holding (or of such part of it as may be specified by the Landlord) by such Ministry or other body as the Landlord may
specify.
6.28
Tree damage
The Tenant must not permit or suffer any waste, or cut down, top or lop or drive nails into or otherwise injure any trees
growing on the Holding and must protect all trees from damage by cattle or otherwise howsoever.
6.29
Repairs
[(where the tenant is to repair)

6.29.1
The provisions of schedule 3 are to have effect with regard to the repair and replacement of fixed equipment
on the Holding.
6.29.2
If the Tenant fails to execute repairs for which he is liable within [1 month] of receiving from the Landlord a
written request specifying the necessary repairs and calling on him to execute them, the Landlord may enter
and execute such repairs and recover the reasonable costs from the Tenant immediately after the completion
of such repairs.]
[3012]
[(where the model clauses are not set out but repair is apportioned in accordance with them)
The Tenant must carry out such repairs and works as are required of him under the provisions of the Agriculture
(Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 as amended from time to time.]
[(where the model clauses are set out in extenso)
The provisions of schedule 3 are to have effect with regard to the repair and replacement of fixed equipment on the
Holding.]
6.30
Additional buildings
The Tenant must not alter, remove or make additions to any building or erect any new buildings or make any other
improvements specified in the Agricultural Holdings Act 1986, Schedule 7 without the previous written consent of the
Landlord (subject always to the Tenants right to apply for consent to an Agricultural Land Tribunal under the
Agricultural Holdings Act 1986 section 67).
6.31
Farmhouse
The Tenant must at all times during the Tenancy personally reside in the principal farmhouse on the Holding as his sole
residence and dwellinghouse 6.
6.32
Assignment
The Tenant must not assign, underlet, part with or share possession or occupation of the whole or any part of the
Holding7 provided that:
6.32.1
[3013]
6.32.2
if the Tenant shares occupation of the Holding with [his wife (or) her husband] or child or children that is not
to operate as a breach of the terms of this subclause or sub-clause 6.31;
the Tenant may permit any cottages and gardens [and (or) but not] the principal farmhouse comprised in this
agreement to be occupied under service agreements by agricultural workers employed by the Tenant full time
on the Holding but not so as to create any tenancy of any of the cottages and gardens and only if the
occupation of any of the cottages [or the farmhouse] is necessary in order to enable the agricultural worker to
perform his duties under a service agreement adequately and provided that [the farmhouse and] each cottage
[is (or) are] occupied by only one such agricultural worker and his family;
6.32.3
the Tenant may let any cottage not from time to time required to be so occupied to such person or persons and
on terms that are first approved by the Landlord in writing; and
6.32.4
the Tenant may grant a licence limited to a season to a third party to exercise sporting rights on the Holding
provided that the terms of any such licence are first approved in writing by the Landlord.
6.33
Insurance of buildings
The Tenant must keep the farmhouse and cottages insured on a comprehensive policy, and the agricultural buildings
insured against loss or damage by fire, in each case with an insurance company and in a sum or sums to be approved by
the Landlord and must pay out any insurance money received in or towards the rebuilding or reinstatement of any
property damaged or destroyed and must produce the policy of insurance and the receipt for the current premium to the
Landlord or his agent whenever called upon to do so.
[3014]
6.34
Insurance of live and dead stock
The Tenant must:

6.34.1
insure the live and dead stock and the whole of the meadow and clover and hay, fodder and straw and other
crops stored on the Holding or in the buildings with an insurance company of a category approved by the
Landlord, against loss or damage by fire, to their full market value and must keep them so insured at all times
during the tenancy;
6.34.2
produce the policy of insurance and the receipt for the current premium to the Landlord or his agent
whenever called upon to do so; and
6.34.3
in the event of any of such produce being destroyed by fire, as soon as reasonably practicable replace the
produce destroyed or purchase its full manurial and mechanical equivalent in good farmyard manure or
approved artificial fertilisers or feeding stuffs to be expended on the Holding.
6.35
Avoidance of Landlords policy
The Tenant must avoid any act or omission by which any policy of insurance taken out by the Landlord may be
invalidated and must indemnify the Landlord against any losses, charges, costs or expenses incurred through any such
invalidation and must keep in the buildings an adequate number of fire extinguishers in good working order and must
take all other reasonable precautions to safeguard the Landlords property against fire and other risks.
[3015]
6.36
Game
[(shooting reserved) The Tenant must preserve game, wildfowl, woodcock, snipe and other wild birds included in the
Wildlife and Countryside Act 1981, Schedule 2 (including their nests and eggs) and fish and must ward off
unauthorised persons from molesting or destroying them or trespassing on any part of the Holding for that purpose and
must give notice to the Landlord of anyone so offending or trespassing and otherwise must preserve the Landlords
interests reserved in schedule 2 paragraph 6.]
[(shooting rights included) The Tenant must exercise the shooting rights included in this tenancy in a fair and
sportsmanlike manner and at proper seasons so as to preserve and not to diminish stocks of game, and must keep down
vermin so as to prevent their becoming injurious to the game, the Holding, the woods and any other interest of the
Landlord and must ward off unauthorised persons from destroying or molesting them.]
6.37
Encroachments
The Tenant must prevent any new footpaths or other encroachments or easements from being made in or acquired over
any part of the Holding save as provided in schedule 2 paragraph 3.
6.38
Nuisance
The Tenant must not do or suffer to be done on the Holding anything that may be or become a nuisance or annoyance to
the Landlord or the owners or occupiers of any adjoining land and must indemnify the Landlord against any claims by
third parties in respect of any breach of this subclause.
6.39
Production of notices
At all times, immediately upon receipt of any notice order direction or other matter whatever affecting or likely to
affect the Holding, the Tenant must produce it for the Landlords inspection and permit the Landlord to make a copy.
6.40
Compliance with notices
The Tenant must comply immediately with, and give sufficient effect to, every direction or notice duly made and served
upon him by a competent authority and must keep the Landlord effectually indemnified against all relative proceedings,
damages, penalties, costs and claims.
[3016]
6.41
Planning
The Tenant must not omit or suffer to be omitted any act, matter or thing in, on or respecting the Holding that is
required to be omitted (as the case may be) by the Town and Country Planning Act 1990 8 (which expression is to
include any orders, regulations or directions for the time being in force made issued or given under that Act), or do or
suffer to be done any act or thing that contravenes the provisions of that Act and must at all times keep the Landlord
effectually indemnified against all actions, proceedings, costs, expenses, claims and demands in respect of any such act
matter or thing contravening the provisions of that Act.
6.42
Compensation
Where damage results from the laying of pipelines, sewers and other apparatus underground or from the erection of
poles, pylons and other apparatus above the ground the Tenant must use the monetary compensation to remedy such
damage and fully to restore the Holding or must obtain a suitable indemnity from the statutory or acquiring authority.
6.43
Pollution
The Tenant must not contravene the Rivers (Prevention of Pollution) Act 1961.
6.44
Specialist crops
The Tenant must not make any contracts with any producers for growing specialist crops on the Holding except on
condition that:
6.44.1
any contract in writing is to be prepared and signed by both parties before the grower enters upon the
Holding;
6.44.2
any contract must provide specifically that the grower is granted non-exclusive rights of occupation and must
not give to the grower any security of tenure;
6.44.3
any contract must not (or if more than one contract is granted all the contracts together must not) relate to a
greater area in any one year than 20% of the total arable area of the Holding and must not in any case be for a
period exceeding 364 days; and
6.44.4
no contract or contracts may be made that operate during the last year of the tenancy unless the Landlord has
first given consent in writing.
[3017]
6.45
Notice of death
If the Tenant [or any of them] dies during the continuance of the tenancy his executors or administrators or other person
or persons in whom any interest in the tenancy is vested immediately after his death must within one month of his death
give notice in writing to the Landlord of such death and its date 9.
6.46
Vacant possession of cottages
In the last year of the tenancy (whether it is terminated by the Landlord or the Tenant) the Tenant must take all steps
reasonably required by the Landlord in or towards obtaining vacant possession of any of the cottages on the Holding
that may be occupied by agricultural workers or others (including the commencement and prosecution of court
proceedings if appropriate) but so that the Tenant gives no warranty or guarantee that vacant possession will be given of
any property subject to an occupation or tenancy permitted under the terms of this agreement.
6.47
Deduction of sums due
All sums due from the Tenant to the Landlord in respect of rent, dilapidations, deteriorations or otherwise must be
deducted from the amount of compensation due from the Landlord to the Tenant under sub-clauses 7.37.5.
[3018]
6.48
Records for calculating compensation
For the purpose of supporting a claim to receive full compensation at the determination of the tenancy for the residual
value of feeding stuffs, fertilisers and lime and the value of temporary pasture under the statutory provisions and
compensation regulations then current the Tenant, must maintain and produce to the Landlord on demand a true record
of the manner and periods in each season in which the permanent pasture and leys have been grazed or conserved and
the quantity of all corn and both the quantity and nutrient content of all cake and other feeding stuffs consumed and the
fertilisers applied to the Holding together with details of the production and disposal of all slurry.
6.49
Yielding-up
At the expiration or sooner determination of the tenancy the Tenant must yield up the Holding, with vacant possession
of every part of it, in a condition consistent with the due performance by him of the provisions contained above.
Agreements by the Landlord10
The Landlord agrees with the Tenant as follows:
[7.1
Repairs
The Landlord must carry out such repairs and works as are [(where the model clauses are set out in extenso) specified
in schedule 3. (or, where the model clauses are not set out but liability for repair is apportioned) required of him under
the provisions of the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 as
amended from time to time].]11
[7.2
Building insurance
The Landlord must keep the farmhouse and cottages insured on a comprehensive policy and the agricultural buildings,
except those listed as redundant in schedule 4, insured against loss or damage by fire and must lay out any insurance
money received in or towards the rebuilding or reinstatement of any property damaged or destroyed.]
[3019]
7.3
Compensation
7.3.1
Upon the Tenant giving up possession of the Holding, he is to be compensated for matters of tenant-right as
provided for under the Agricultural Holdings Act 1986.
7.3.2
The measure of compensation for improvements within the Agricultural Holdings Act 1986, Schedule 7 is to
be as provided for under the Agricultural Holdings Act 1986 section 66.
7.3.3
The measure of compensation for tenant-right improvements and other matters within the Agricultural
Holdings Act 1986, Schedule 8 is to be as provided for by the Agricultural Holdings Act 1986 section 66 and
by the Agriculture (Calculation of Value for Compensation) Regulations 1978 12.
7.4
Quiet enjoyment
The Tenant paying the rent reserved above and performing and observing the agreements on his part contained above,
the Landlord must permit him quietly to hold and enjoy the Holding without any interruption by the Landlord or by any
person rightfully claiming under or in trust for him.
[3020]
Further agreements
It is further agreed between the Landlord and the Tenant as follows:
8.1
Resumption of possession
The Landlord may upon giving to the Tenant 3 calendar months written notice 13 of his intention to do so (or in the
event of alteration in or additions to the statutory provisions relating to the service of notices and making of claims by a
tenant that are required to be served or made during the currency of the tenancy, such longer notice as will permit the
Tenant to serve such notices or make such claims as he may be entitled to serve or make under the Agricultural
Holdings Act 1986) resume possession at any time of any portion of the Holding 14 (not exceeding [% (or)
hectares] of it in any one calendar year), for any non-agricultural purpose 15 whether the use of the land for any such
purpose is to be made by the Landlord or his licensee or by a purchaser, tenant or assignee from the Landlord, and such
resumption of possession is not to terminate the tenancy created by this agreement except in regard to the land taken.
8.2
Re-entry
If at any time:
8.2.1
the rent or any part of it is in arrear for at least 21 days after becoming due, or
8.2.2
there is any breach or non-observance by the Tenant of any of the covenants and conditions contained in this
agreement, or
8.2.3
an interim receiver is appointed in respect of the Tenants property or a bankruptcy order is made in respect of
the tenant16, or
8.2.4
the Tenant enters into any composition with his creditors, or
8.2.5
[3021]
8.2.6
the interest of the Tenant under this agreement is taken in execution, or
8.2.7
any stock or crops on the Holding are taken under a bill of sale
execution is levied on any of the Tenants goods or chattels, or
then the Landlord may, without previously demanding any rents that may be due, (after giving to the Tenant 2 calendar
months notice) re-enter immediately upon the Holding or any part of it in the name of the whole, and the tenancy is
then to determine absolutely without prejudice to the rights of the Landlord in respect of any breach or non-observance
of any of the covenants and conditions contained above and on the part of the Tenant to be performed and observed or
any other rights and remedies of the Landlord; provided that if the tenancy terminates under the provisions of this
clause without sufficient warning to enable either party to give any notices or take any steps necessary to support and
enforce and proper claims for compensation on outgoing from the Holding or termination of the tenancy, that party is
nevertheless to have exactly the same position and rights as if all notices had been duly given and steps duly taken to
support the claims to which that party might otherwise be properly entitled 17.
8.3
Distress
8.3.1
Upon any seizure by the Landlord under distress for rent, the Landlord is not to be obliged to sell any hay,
straw or crops upon the terms that they may be removed from the Holding, but may exercise the power of
sale of distrained goods conferred by statute by selling the same subject to the condition that such produce is
to be consumed on the Holding or subject to some other condition securing that the manurial value of the hay,
straw or crops is returned to the Holding.
8.3.2
Upon any seizure and sale by the Landlord under distress for rent, the Landlord may grant to any purchaser of
hay, straw or crops, for such period or periods as the Landlord may think fit, the use of the threshing machine
(if any) upon the Holding and also the use of such part or parts of the Holding as the Landlord may think
necessary or proper for the purpose of threshing, storing, consuming or otherwise dealing with such hay,
straw or crops and without making any compensation to the Tenant in that respect.
[3022]
8.4
Set-off
Either party may set off against, and deduct from, any money that may at any time be payable by him in respect of the
Holding, other than rent, any money that may be payable to him by the other in respect of the Holding whether the
sums so payable by or to him are of a liquidated character or not.
8.5
Redundant buildings
If at any time or times during the continuance of the tenancy either party desires to treat any buildings on the Holding
(other than those included in schedule 4) as redundant to the proper requirements of the Holding, then in default of
agreement that party may, on giving one months notice in writing to the other, have the question whether such
buildings or any of them are redundant referred to the decision of a single arbitrator to be appointed in default of
agreement between the parties by the President of the Royal Institution of Chartered Surveyors; and if it is agreed or if
the arbitrator awards that such buildings or any of them are redundant then as from the date of the agreement or award
(as the case may be) the buildings so agreed or awarded to be redundant are to be deemed to be included in schedule 4
and both parties are to be relieved from all liability as to any antecedent breach of any undertaking to repair them 18.
[3023]
8.6
Buildings and equipment in schedule 4
8.6.1
If any buildings or other items of fixed equipment are not necessary for the proper cultivation or working of
the Holding and have been included in schedule 4, this agreement is to be construed in all respects as if those
buildings were not existing on the Holding at the commencement of the tenancy.
8.6.2
The Tenant may use buildings included in schedule 4 at his own risk and without any obligation to carry out
any repairs to them, but he must keep them in a clean and tidy condition: provided that the Landlord has the
right at any time at his own expense to enter and repair them or remove them.
8.7
Repair exclusions
Nothing contained in [schedule 3 (or) the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment)
Regulations 1973] is to create any liability on the part of either the Landlord or the Tenant:
8.7.1
to maintain, repair or insure any item of fixed equipment if the Landlord and the Tenant agree in writing that
neither party is to be liable to maintain, repair or insure that item; or
8.7.2
to execute any work if and so far as the execution of that work is rendered impossible (except at prohibitive
or unreasonable expense) by reason of subsidence of any land or by the blocking of outfalls not under the
control of either the Landlord or the Tenant.
8.8
Sale of Holding
In the event of the sale of the Holding the responsibility for the landlords covenants under this agreement is to pass to
the buyer and no action is to lie against the seller for their non-observance after the date on which the rent accrues to
the buyer.
[3024]
8.9
Cost of records
The cost of making any record required under the Agricultural Holdings Act 1986 section 22 19 is to be borne by the
person requiring that record except in the case the records that must be made under sub-clause 6.23, the cost of which
must be borne by the Tenant.
8.10
Exclusion of custom
The rights of the parties under this agreement or otherwise in respect of the tenancy are not to depend on or be affected
by any custom of the country.
8.11
Tenants fixtures
8.11.1
The fixtures and fittings specified in schedule 5 are fixtures belonging to the Tenant in respect of which the
Agricultural Holdings Act 1986 section 10 is to apply.
8.11.2
If the Tenant does not within 3 calendar months after the termination of the tenancy remove from the Holding
any fixtures and fittings subsequently installed to which the Agricultural Holdings Act 1986 section 10
applies and which the Landlord has not given notice of his intention to purchase under that section, such
fixtures and fittings, on the expiration of that period, are immediately to become the property of the Landlord
without payment unless the Landlord otherwise elects in which case the Tenant must remove such fixtures
and fittings from the Holding and make good any damage occasioned to the Holding as a result.
8.12
Landlords agent
Any right or power under this agreement granted to the Landlord may be exercised by the Landlord or the Landlords
duly authorised agents or servants and any notice that must be given to or by the Landlord is to be deemed to have been
properly served if served on or by the Landlords agents.
8.13
VAT
Where under the terms of this agreement the Tenant is obliged to make any payment to the Landlord that attracts VAT
(or any tax replacing it) the Tenant is to be responsible for the payment of the VAT (or any tax replacing it) 20.
Stamp duty
The Landlord and the Tenant certify that there is no agreement for lease to which this lease gives effect.
[3025]
AS WITNESS etc (see vol 12 (1994 Reissue) DEEDS, AGREEMENTS AND DECLARATIONS)
SCHEDULE 1
The Holding
(describe holding)
SCHEDULE 2
The Reservations to the Landlord
1
Mines and minerals etc
All mines, minerals, quarries, stones, sand, brick earth, clay, gravel, turf, petroleum and its relative hydrocarbons and
all other gases and substances in or under the Holding of a kind ordinarily worked or removed by underground or
surface working, with power for the Landlord and all persons authorised by him:
1.1
to enter on the Holding to search for, win, dress and make them merchantable,
1.2
to carry them away from the Holding and from neighbouring land over any roadways on the Holding or over
any other part of the Holding, and
1.3
to execute all incidental works
including the right to let down the surface of the Holding, the Tenant being paid reasonable compensation for all
damage caused to him by the exercise of such power.
Water
Water Resources Act 1991) take water from any stream, spring or other source of supply on the Holding by means of
pipes or otherwise howsoever, provided sufficient water is left for the Tenant for domestic and agricultural purposes.
[3026]
Wayleaves and entry
horses, machinery and plant to enter upon the Holding and carry out their works (subject to the payment of reasonable
Timber
persons authorised by him to enter upon the Holding to mark, fell, cut and carry them away, and to plant replacements,
and to cart the cut timber, trees saplings, pollards and underwood from the Holding and from neighbouring land over
any roadways on the Holding or over any other part of the Holding, without making any payment to the Tenant for the
use but making reasonable compensation to the Tenant for any damage done in the exercise of the rights reserved
provided a claim in writing is made by the Tenant to the Landlord within a reasonable time.
[3027]
Possession
The right to recover possession in accordance with the provisions of sub-clause 8.1.
[6
Game etc
6.1
All game, wildfowl, woodcock, snipe and other wild birds listed in the Wildlife and Countryside Act 1981,
Schedule 2, their nests and eggs and all fish together with the exclusive right for the Landlord and all persons
authorised by him to go upon the Holding:
6.1.1
to rear, preserve, shoot, kill and take them away, and
6.1.2
6.2
Subject to the Ground Game Act 1880 and the Ground Game (Amendment) Act 1906, the right for the
pests21.]
[3028]
Entry
7.1
The right for the Landlord and all persons authorised by him with or without vehicles, horses, machinery and
plant to enter on any part of the Holding at all reasonable times for all the purposes mentioned above and all
reasonable purposes.
7.2
In particular, but without prejudice to the generality of subparagraph 7.1, the right to run pipes, drains,
conduits, cables, wires or other works (either already existing or any new ones) for the benefit of any other
part of the Landlords estate and the right to carry out works for the benefit of any other part of the same
estate, the Tenant being paid reasonable compensation for all damage caused to him by the exercise of the
right for the benefit of any other part of the same estate 22.
Existing rights
All rights of way (if any) used or enjoyed up to and including the date of this agreement across any part of the Holding
whether by the Landlord or his tenants in respect of other property of the Landlord or otherwise howsoever.
Existing wayleaves
The benefit of all wayleave agreements entered into by the Landlord and existing at the date of this agreement and all
rents and other money payable under them, and the power to carry out on the Holding at the Landlords cost anything
required to be done under them by the Landlord.
[3029]
SCHEDULE 3
[(where liability is apportioned in accordance with the Agriculture (Maintenance, Repair and Insurance of Fixed
equipment) Regulations 1973 as amended and it is desired to set out the model clauses in extenso, Form 102 [3051]
post may be included here)]
[(where the tenant is to be responsible for repairs)23
Repair
The Tenant must repair and keep and leave clean and in good, tenantable repair, order and condition the farmhouse,
cottages and all buildings and fixed equipment on the Holding including the main walls, roofs and timbers, all fixtures
and fittings in all buildings, water supply systems and fittings (whether situated above or below ground) and all
installations connected with them, sewage disposal systems including septic tanks filtering media and cesspools
(including covers and tops), fences (live and dead), hedges, walls, ditches, roads and yards and all other fixed
equipment in or upon the Holding or that during the tenancy may be erected or provided on it.
Replacement
The Tenant must replace anything mentioned in paragraph 1 of this schedule that has worn out or otherwise become
incapable of further repair.
Guttering etc
The Tenant must keep clean and in good working order all roof valleys, guttering and downpipes, wells, septic tanks,
cesspools and sewage disposal systems.
[3030]
Painting outside
As often as may be necessary in order to prevent deterioration and in any case at intervals of not more than 5 years, the
Tenant must properly paint with at least 2 coats of a suitable quality or properly and adequately gas-tar, creosote or
otherwise effectively treat with a preservative material all outside wood and ironwork of the farmhouse, cottages and
farm buildings, the inside wood and ironwork of all external outward opening doors and windows of the farm buildings
(but not of the farmhouse or cottages), and the interior structural steelwork of open-sided farm buildings that have
previously been painted, gas-tarred, creosoted or otherwise treated with preservative material or that it is necessary so
to paint, gas-tar, creosote or treat with preservative material in order to prevent deterioration: provided that in this
paragraph open-sided means having the whole or the greater part of at least one side or end permanently open apart
from roof supports if any.
Painting inside
As often as may be necessary and in any case at intervals of not more than 7 years, the Tenant must properly clean,
colour, whiten, paper, paint, limewash or otherwise treat with materials of suitable quality the inside of the farmhouse,
cottages and farm buildings including the interior of outward opening doors and windows of the farmhouse and
cottages that have been previously so treated.
Hedges
The Tenant must cut trim or lay a proper proportion of the hedges in each year of the tenancy so as to maintain them in
good and sound condition.
[3031]
Ponds and ditches
The Tenant must dig out, scour and cleanse all ponds, watercourses, ditches and grips as may be necessary to maintain
them at sufficient width and depth and must keep all field drains and their outlets clear from obstruction.
Cost of decorating outside
If the last year of the tenancy is not a year in which the Tenant is liable under paragraph 4 of this schedule to paint, gastar, creosote or otherwise treat the doors, windows, eaves, guttering and downpipes of buildings the Tenant must pay to
the Landlord at the end of such last year either the estimated reasonable cost of it or a sum equal to the aggregate of
one-fifth of that cost in respect of each year that has elapsed since such last painting, gas-tarring, creosoting or other
treatment as above was completed whichever is the less.
Cost of decorating inside
If the last year of the tenancy is not a year in which such cleaning, colouring, whitening, papering, painting or other
treatment as is mentioned in paragraph 5 of this schedule is due to be carried out the Tenant must pay to the Landlord at
the end of such last year either the estimated reasonable cost of it or a sum equal to the aggregate of one-seventh part of
that cost in respect of each year that has elapsed since such last cleaning, colouring, whitening, papering, painting or
other treatment as above was completed whichever is the less.
10
Compensation assessment
In the assessment of any compensation payable by the Tenant on the termination of the tenancy in respect of
dilapidations any accrued liability under paragraphs 8 and 9 of this schedule is to be taken into account
[3032]
11
Right to remedy failure to repair
If the Tenant does not start work on the repairs or replacements for which he is liable under this schedule within 2
months or if he fails to complete them within 3 months of receiving from the Landlord a written notice 24 (not being a
notice to remedy breach of tenancy agreement by doing work of repair, maintenance or replacement in a form
prescribed under the Agricultural Holdings Act 1986) specifying the necessary repairs or replacements and calling on
him to execute them the Landlord may enter and execute such repairs or replacements and recover the reasonable cost
from the Tenant immediately.
12
Contesting liability
12.1
If the Tenant wishes to contest his liability to execute any repairs or replacements specified in a notice served
upon him by the Landlord under paragraph 11 of this schedule he must within one month serve a counternotice25 in writing upon the Landlord specifying the grounds on which and the items of repair or replacement
in respect of which he denies liability and requiring the question of liability in that respect to be determined
by arbitration under the terms of the Agricultural Holdings Act 1986.
Upon service of the counter-notice on the Landlord the operation of the notice (including the running of time
under it) is to be suspended in so far as it relates to the items specified in the counter-notice until the
termination of an arbitration determining the question of liability in respect of those items: provided that in
this paragraph termination in relation to an arbitration means the date on which the arbitrators award is
delivered to the Tenant.
12.2
[3033]
13
Redundant buildings
Nothing in this schedule is to impose upon the Tenant any liability for the repair or replacement of any buildings listed
as redundant in schedule 4 or deemed to be included in it under sub-clause 8.6.
14
Work rendered impossible
Nothing in this schedule is to create any liability on the Tenant to execute any work if and in so far as the execution of
that work is rendered impossible (except at prohibitive or unreasonable expense) by reason of subsidence of any land or
the blocking of outfalls not under the control of the Tenant.]
SCHEDULE 4
Redundant fixed equipment
(insert details of equipment)
SCHEDULE 5
Tenants fixtures and fittings
(insert details of fixtures and fittings)

(annex plan)
[3034]
1
As to stamp duty, see Information Binder: Stamp Duties [1]: Table of stamp duties (Lease or Tack) and (Duplicate or
Counterpart). This Form provides for 3 possibilities with regard to repairing obligations. Repairs may be apportioned in
accordance with the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473 as amended
by SI 1988/281, made pursuant to the Agricultural Holdings Act 1986 s 7(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
These are set out in Form 102 [3051] post and may be included in schedule 3 to this form in extenso if required. If, however, it is
desired that the parties should be subject to the regulations from time to time currently in force, it is preferable to incorporate
them referentially: see clauses 6.29 [3012] and 7.1 [3019] of this form. Finally, the tenant may be made liable for all repairs and
replacements, as suggested in schedule 3 [3030] of this form. The provisions set out in the Agriculture (Maintenance, Repair and
Insurance of Fixed Equipment) Regulations 1973 as amended are deemed to be incorporated in every contract of tenancy of an
agricultural holding except in so far as they would impose on one of the parties to an agreement in writing a liability that under
the agreement is imposed on the other: see the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations
1973 reg 3.
Only in rare circumstances would a landlord be well advised to let a company into occupation as tenant, as doing so could
amount to a letting virtually in perpetuity. A company cannot die and therefore the landlord may have no opportunity to
terminate the tenancy under the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case G. The right to give notice to quit on the
death of the tenant in the case of joint tenants applies on the death of the sole or sole surviving tenant: see the Agricultural
Holdings Act 1986 s 26(2), Sch 3 Pt I Case G. As to Case G, see Paragraph 385 [2284] ante.
The holding must be fully described and a map or plan is desirable: see the Agricultural Holdings Act 1986 Sch 1 para 2. It is
common in leases of agricultural land to refer to fields and other areas by reference to the parcel numbers included in large scale
OS maps; the edition or revision of the OS map used should be stated, either by description or by reference to an annexed plan,
as the parcel numbers can vary. Where the landlords title is registered, it is appropriate to include the title number(s) to the land
in question even though the agreement is not itself registrable; office copies of the register of the landlords title should be
obtained to ensure that the landlord has title to grant the lease or tenancy. For the definition of agricultural holding, see
It may be desirable to include this subclause if the clause headings are included in the agreement as actually signed. In the case
of a contractual document it seems that any clause headings or marginal notes form part of the document and are not to be
ignored as in a statute, but they are to be treated as a general description of the provisions to which they relate, the words of
which also define the terms of the actual contract: see Digby v General Accident Fire and Life Assurance Corpn Ltd [1943] AC
121 at 136, [1942] 2 All ER 319 at 326, HL, and see also National Farmers Union Mutual Insurance Society Ltd v Dawson
[1941] 2 KB 424 at 430.
[3035]
5
The initial rent can be varied by agreement between the parties or by arbitration upon the demand of either landlord or tenant. As
to arbitration of rent, see Paragraphs 334 [2116]342 [2125] ante. A variation in the rent does not operate as a termination and
grant of a new tenancy: see Jenkin Lewis & Son Ltd v Kerman [1971] Ch 477, [1970] 3 All ER 414, CA. A reduction in rent
consequent upon a change in the holding itself (even if only the surrender of a building) will trigger a new 3-year period: Mann v
Gardner [1991] 1 EGLR 9, CA. As to the procedures regarding variation in rent during the currency of the tenancy, see the
Agricultural Holdings Act 1986 s 12 and Paragraph 334 [2116]342 [2125] ante.
This clause has been drafted restrictively to prevent the tenant from seeking to occupy a number of separate farmhouses and
claiming each is his residence. The clause is designed to ensure that the tenant lives on the subject holding and, therefore, can
personally supervise and carry out all the necessary agricultural work, and not enjoy the holding as an absentee tenant and
proprietor of the farming business, enjoying the profits of the farming without a full personal commitment to the holding. Such
clauses are strictly enforceable: see Lloyds Bank Ltd v Jones [1955] 2 QB 298, [1955] 2 All ER 409, CA and Sumnal v Statt
(1984) 49 P & CR 367, CA.
tenant is a mere sleeping partner with little more than a nominal involvement in the holding which is, in fact, farmed by the
working partner, possibly in conjunction with other holdings, so that the landlord loses control over the person in day to day
control of the farming. Breach of a prohibition upon assignment, subletting or parting with possession is incapable of remedy
(see Scala House and District Property Co Ltd v Forbes [1974] QB 575, [1973] 3 All ER 308, CA and Troop v Gibson (1985)
277 Estates Gazette 1134, CA) and, therefore, if the landlord can be shown to have suffered material prejudice as a result of such
a breach, a notice to quit can be given pursuant to the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case E in the event of a
breach being committed by the tenant. As to Case E, see Paragraph 383 [2282] ante. Farm workers occupying farm cottages will,
notwithstanding the terms of this clause, enjoy security of tenure under the Rent (Agriculture) Act 1976 (1 Halsburys Statutes
(4th Edn) AGRICULTURE) without the tenant being in breach of this prohibition. As to the Rent Agriculture) Act 1976, see
Paragraphs 601 [5001]654 [5205] post.
The proviso in the Landlord and Tenant Act 1927 s 19(1) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT), by
which there is to be implied a condition that consent to assignment etc is not to be unreasonably withheld, does not apply to a
tenancy of an agricultural holding: see the Landlord and Tenant Act 1927 s 19(4) as amended by the Agricultural Tenancies Act
1995 s 40, Schedule para 6. See also vol 23 LANDLORD AND TENANT.
[3036]
8
9
10
11
12
Ie the Town and Country Planning Act 1990 as amended (46 Halsburys Statutes (4th Edn) TOWN AND COUNTRY PLANNING).
On the death of the tenant the landlord has only 3 months from the date of the death in which to give notice to quit if he wishes
to avail himself of the right to give an incontestable notice contained in the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I
Case G. As to Case G, see Paragraph 385 [2284] ante. By virtue of the Agricultural Holdings Act 1986 s 26, Sch 3 Pt II para
12(b) the time limit does not start to run against the landlord until:
(1)
the personal representatives of the deceased tenant have given notice in writing of the death;
(2)
an applicant has given notice of an application to an agricultural land tribunal for the grant of a new tenancy in
succession; or
(3)
if both events occur, whichever is the first.
It is not, therefore, critical for the landlord to discover by his own researches the occurrence of the death of his tenant. This
clause is nevertheless considered to be desirable since there is no statutory duty upon the personal representatives of the
deceased tenant to inform the landlord of the death, and it is desirable in the interests of the sound management of the landlords
estate that he should be aware of the identity from time to time of his tenant.
It is important to ensure that the respective obligations of landlord and tenant are inter-related.
This clause should be omitted if the tenant is to be responsible for repairs.
Ie the Agriculture (Calculation of Value for Compensation) Regulations 1978/809 as amended by SI 1980/751, SI 1981/822 and
SI 1983/1475. This clause is largely declaratory of the compensation provisions in the Agricultural Holdings Act 1986 ss 6078,
many of which cannot be varied in any event.
[3037]
13
14
15
16
The Agricultural Holdings Act 1986 s 25(2)(b) permits a provision in a tenancy agreement entitling the landlord to give notice to
quit part, in which event the general rule that not less than 12 months notice to quit must be given is varied. There is no statutory
provision as to the length of notice that may be substituted for 12 months but it was held in Coates v Diment [1951] 1 All ER 890
that the clause had to provide for sufficient notice to enable the tenant to give a counter-notice entitling the tenant to certain
forms of statutory compensation. It is considered, therefore, undesirable to provide for less than 2 months notice when drafting
short notice clauses of this sort.
The Agricultural Holdings Act 1986 s 31(1),(2) entitles a landlord to give notice to quit part of the holding in very limited
circumstances specified in those subsections. As to notice to quit part of a holding, see Paragraphs 372 [2245] and 373 [2246]
ante. These circumstances do not include general residential development, development for industrial purposes etc Clause 8.1
[3021] of this form extends very widely the circumstances in which a landlord may give notice to quit part of the holding,
without offending the general common law rule that a notice to quit part is invalid: see Re Bebingtons Tenancy, Bebington v
Wildman [1921] 1 Ch 559 and Woodward v Earl of Dudley [1954] Ch 283, [1954] 1 All ER 559.
The Agricultural Holdings Act 1986 s 25(2)(b) provides that the purpose for which the landlord can give short notice must be
specified in the agreement. However, it was held in Paddock Investments Ltd v Lory (1975) 236 Estates Gazette 803, CA that any
non-agricultural purpose was a specified purpose since a specified purpose did not need to be a specific purpose.
See the Insolvency Act 1986 as amended (4 Halsbury's Statutes (4th Edn) BANKRUPTCY AND INSOLVENCY). In the case of a
company tenant, the events should be:
(1)
the making of an administration order in respect of the company; and
(2)
any person becoming entitled to exercise the powers conferred on an administrative receiver. However, as to
company tenants, see note 2 above.
As regards the making of an administration order, it should be noted that the Insolvency Act 1986 s 10(1)(c) provides that
no proceedings, execution or other legal process may be commenced or continued, and no distress may be levied, against the
company or its property after a petition for an administration order has been presented except with the leave of the court and
subject (where the court gives leave) to such terms as the court may impose. The same applies after an administration order is
made (see the Insolvency Act 1986 s 11(3)(d)) save that proceedings, execution and process etc may be commenced or continued
with the administrators consent. Thus in such cases a landlord wishing to take advantage of the event will have to obtain consent
from the administrator or the court before commencing any proceedings or legal process. It is uncertain whether such consent
would be required as regards a landlords right of peaceable re-entry.
[3038]
17
18
19
20
Although the Agricultural Holdings Act 1986 imposes restrictions on the right of a landlord to give notice to quit, there are no
restrictions on the landlords alternative right to terminate the tenancy by forfeiture if a suitable forfeiture clause is included in
the tenancy agreement. It was, however, held in Parry v Million Pigs Ltd (1980) 260 Estates Gazette 281 that a forfeiture clause
that purported to entitle the landlord to resume possession without giving prior notice to the tenant of sufficient duration to
enable the tenant to serve the appropriate forms of counter-notice entitling him to compensation was invalid and ineffective for
the same reasons as in Coates v Diment [1951] 1 All ER 890 where it was held that a short notice clause entitling the landlord to
recover possession for development purposes was similarly invalid.
For the provisions entitling a landlord or tenant to seek arbitration as to whether or not a building or other piece of fixed
equipment on the holding is redundant to the farming of the holding, see the Agriculture (Maintenance, Repair and Insurance of
Fixed Equipment) Regulations 1973 as amended by SI 1988/281. There is no provision for arbitration on whether such an item is
obsolete.
The records that may be required under the Agricultural Holdings Act 1986 s 22 are records of the condition of fixed equipment
on the holding and of the general condition of the holding (which may be required by the landlord or the tenant: see the
Agricultural Holdings Act 1986 s 22(1)(a)) and records of any fixtures or building the tenant is entitled to remove and of existing
improvements executed by him or in respect of which he paid compensation to an outgoing tenant (which may be required by the
tenant: see the Agricultural Holdings Act 1986 s 22(1)(b)).
The supply of land under an agricultural lease would be exempt from VAT unless the landlord or a relevant associate of the
landlord elects to waive exemption from VAT: see the Value Added Tax Act 1994, Sch 9 Pt II group 1, Sch 10 paras 2, 3 (48
Halsburys Statutes (4th Edn) VALUE ADDED TAX AND CAR TAX). See Information Binder: Property [1] (VAT and Property).
21
Clause 6.32.4 [3014] of this form contains a provision for the grant of limited sporting rights by the tenant and in clause 6.36
[3016] there is a provision for the inclusion of shooting rights in the letting. Schedule 2 paragraph 6 [3028] provides for the
exclusion of all sporting rights. Care must be taken to ensure that one or other provision applies but not both and that the
agreement is consistent throughout. As to the position regarding game damage claims, see the Agricultural Holdings Act 1986 s
20 and Paragraphs 450 [2501] and 451 [2502] ante. For a notice of occurrence of damage by game, see Form 219 [4011] post
and for a notice of claim for damage by game, see Form 220 [4013] post. The grant of sporting rights otherwise than in
connection with the sale of the freehold may attract VAT if sold in the course or furtherance of business: see the Value Added Tax
Act 1994, Sch 9 Pt II group 1 item 1(b).
[3039]
22
23
The Agricultural Holdings Act 1986 s 23 gives the landlord a statutory right of entry for 3 specific purposes:
(1)
to view the state of the holding,
(2)
to fulfil his responsibilities to manage it according to the rules of good estate management and
(3)
to provide or improve fixed equipment other than in fulfilment of those responsibilities.
Those rights are extended considerably by this paragraph.
It is increasingly popular for landlords to insist upon tenants undertaking full repairing and insuring obligations. However,
landlords and tenants should be aware of the fact that if an agreement giving the tenant full repairing and insuring obligations is
entered into, either party may refer to an arbitrator the question whether the modifications contained in the agreement, ie the
differences between the statutory obligations and the contractual obligations, are justifiable: see the Agricultural Holdings Act
1986 s 8(2),(3). If the arbitrator varies the contractual obligations to bring them into line with the model clauses then he may
also vary the rent, and assess in the award the accumulated dilapidations payable by the party being relieved of his obligation by
the award.
For a notice requesting and specifying repairs to be effected, see Form 124 [3515] post.
For a counter-notice requiring the question of liability to execute repairs or replacements to be determined by arbitration, see
Form 125 [3517] post.
need not be executed as a deed: see the Law of Property Act 1925 s 52(2) (37 Halsburys Statutes (4th Edn) REAL PROPERTY)
to the requirements for valid execution as a deed, see vol 12 (1994 Reissue) DEEDS , AGREEMENTS AND DECLARATIONS.
24
25
26
[3040][3050]
102
The model clauses as set out in the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment)
Regulations 19731
SCHEDULE
MAINTENANCE, REPAIR AND INSURANCE OF THE FIXED EQUIPMENT OF A HOLDING
Part I. Rights and Liabilities of the Landlord
1.(1) To execute all repairs and replacement to the under-mentioned parts of the farmhouse, cottages and farm
buildings, namely:- roofs, including chimney stacks, chimney pots, eaves-guttering and downpipes, main walls and
exterior walls, howsoever constructed, including walls and fences of open and covered yards and garden walls, together
with any interior repair or decoration made necessary as a result of structural defect to such roofs or walls, floors, floor
joists, ceiling joists and timbers, exterior and interior staircases and fixed ladders (including banisters or handrails) of
the farmhouse and cottages, and doors, windows and skylights, including the frames of such doors, windows and
skylights (but excepting glass or glass substitute, sashcords, locks and fastenings): provided that in the case of repairs
and replacements to floorboards, interior staircases and fixed ladders (including banisters or handrails), doors and
windows and opening skylights (including frames), eaves-guttering and downpipes, the landlord may recover one-half
of the reasonable cost thereof from the tenant.
[3051]
(2) To execute all repairs and replacements to underground water supply pipes, wells, bore-holes and reservoirs and all
underground installations connected therewith, and to sewage disposal systems, including septic tanks, filtering media
and cesspools (but excluding covers and tops).
(3) Except as provided by paragraph 8, to replace anything mentioned in paragraph 5(1) which has worn out or
otherwise become incapable of further repair, unless the tenant is himself liable to replace it under paragraph 6.
2.(1)(a) To keep the farmhouse, cottages and farm buildings insured to their full value against loss or damage by
fire; and
(b) as often as the farmhouse, cottages and farm buildings or any, or any part, of them shall be destroyed or damaged
by fire, to execute all works of repair or replacement thereto necessary to make good damage by fire and to cause all
money received in respect of such destruction or damage by virtue of such insurance to be laid out in the execution of
such work.
(2) The proviso to paragraph 1(1) shall not to apply to works falling within sub-paragraph (1)(b) of this paragraph.
[3052]
3.(1) As often as may be necessary in order to prevent deterioration, and in any case at intervals of not more than
five years properly to paint with at least two coats of a suitable quality or properly and adequately to gas-tar, creosote or
farm buildings, the inside wood and ironwork of all external outward opening doors and windows of farm buildings,
but not of the farmhouse or cottages, and the interior structural steelwork of open-sided farm buildings which have
previously been painted, gas-tarred, creosoted or otherwise treated with preservative material or which it is necessary to
paint, gas-tar, creosote or treat with preservative material in order to prevent deterioration of the same so to paint, gastar, creosote or treat with preservative material: provided that in respect of doors, windows, eaves-guttering and
downpipes the Landlord may recover one-half of the reasonable cost of such work from the tenant, but if any such
work to any of those items is completed before the commencement of the fifth year of the tenancy the sum the
Landlord may so recover from the tenant shall be restricted to an amount equal to the aggregate of one-tenth part of
such reasonable cost in respect of each year that has elapsed between the commencement of the tenancy and the
completion of the work.
(2) In the last foregoing sub-paragraph open-sided means having the whole or the greater part of at least one side or
end permanently open, apart from roof supports, if any.
4.(1) The Landlord shall be under no liability
(a) to execute repairs or replacements or to insure buildings or fixtures which are the property of the tenant, or
(b) subject to paragraph 2(1)(b), to execute repairs or replacements rendered necessary by the wilful act or the
negligence of the tenant or any members of his household or his employees.
(2) If the tenant does not start work on the repairs or replacements for which he is liable under paragraphs 5, 6, 7 and 8
within two months, or if he fails to complete them within three months of receiving from the Landlord a written notice 2
(not being a notice to remedy breach of tenancy agreement by doing work of repair, maintenance, or replacement in a
form prescribed under section 19(1) and (3) of the Agricultural (Miscellaneous Provisions) Act 1963 3) specifying the
necessary repairs or replacements and calling on him to execute them the landlord may enter and execute such repairs
or replacements and recover the reasonable cost from the Tenant forthwith.
[3053]
(3)(a) If the tenant wishes to contest his liability to execute any repairs or replacements specified in a notice served
upon him by the Landlord under the last foregoing sub-paragraph he shall within one month serve a counter-notice in
writing4 upon the landlord specifying the grounds on which and the items of repair or replacement in respect of which
he denies liability and requiring the question of liability in respect thereof to be determined by arbitration under the Act.
(b) Upon service of the counter-notice on the landlord, the operation of the notice (including the running of time
thereunder) shall be suspended, in so far as it relates to the items specified in the counter-notice, until the termination of
an arbitration determining the question of liability in respect of those items.
(c) In this sub-paragraph, termination, in relation to an arbitration, means the date on which the arbitrators award is
delivered to the tenant.
[3054]
Part II. Rights and liabilities of the Tenant
Except in so far as such liabilities fall to be undertaken by the landlord under Part I hereof:
5.(1) To repair and keep and leave clean and in good tenantable repair, order and condition the farmhouse, cottages
and farm buildings together with all fixtures and fittings, boilers, ranges and grates, drains, sewers, gulleys, greasetraps, manholes and inspection chambers, electrical supply systems and fittings, water supply systems and fittings in so
far as they are situated above ground, including pipes, tanks, cisterns, sanitary fittings, drinking troughs and pumping
equipment, hydraulic rams (whether situated above or below ground), fences, hedges, field walls, stiles, gates and
posts, cattle grids, bridges, culverts, ponds, watercourses, sluices, ditches, roads and yards in and upon the holding, or
which during the tenancy may be erected or provided thereon.
(2) To repair or replace all removable covers to manholes, to inspection chambers and to sewage disposal systems.
(3) To keep clean and in good working order all roof valleys, guttering and downpipes, wells, septic tanks, cesspools
and sewage disposal systems.
(4) To use carefully so as to protect them from wilful, reckless or negligent damage all items for the repair or
replacement of which the landlord is responsible under paragraph 1; and also to report in writing immediately to the
landlord any damage, however caused, to items for the repair or replacement of which the landlord is responsible.
[3055]
6. Subject to paragraph 2(1)(b)
(1) to replace or repair and, upon replacement or repair, adequately to paint, gas-tar, creosote or otherwise treat with
effective preservative material as may be proper, all items of fixed equipment, and to do any work, where such
replacement, repair or work is rendered necessary by the wilful act or negligence of the tenant or any members of his
household or his employees; and
(2) to replace anything mentioned in paragraph 5(1) which has worn out or otherwise become incapable of repair if its
condition has been brought about by or is substantially due to the Tenants failure to repair it.
7. As often as may be necessary, and in any case at intervals of not more than seven years, properly to clean, colour,
whiten, paper, paint, limewash or otherwise treat with materials of suitable quality the inside of the farmhouse, cottages
and farm buildings, including the interior of outward opening doors and windows of the farmhouse and cottages, which
have been previously so treated, and in the last year of the tenancy to limewash the inside of all buildings which
previously have been limewashed.
8.(1) Notwithstanding the general liability of the landlord for repairs and replacements, to renew all broken or
cracked tiles or slates and to replace all slipped tiles or slates from time to time as the damage occurs, but so that the
cost shall not exceed 100 in any one year of the tenancy.
[3056]
(2) This paragraph shall not have effect so as to render a tenant liable for the cost of any renewals or replacement of
tiles in excess of 25 which have been carried out by the landlord prior to 24th March 1988.
9. To cut, trim or lay a proper proportion of the hedges in each year of the tenancy so as to maintain them in good and
sound condition.
10. To dig out, scour and cleanse all ponds, watercourses, ditches and grips, as may be necessary to maintain them at
sufficient width and depth, and to keep clear from obstruction all field drains and their outlets.
[3057]
11(1) If the last year of the tenancy is not a year in which such cleaning, colouring, whitening, papering, painting,
limewashing or other treatment as mentioned in paragraph 7 is due to be carried out, the tenant shall pay to the landlord
at the end of such last year either the estimated reasonable cost thereof or a sum equal to the aggregate of one-seventh
part of that cost in respect of each year that has elapsed since such last cleaning, colouring, whitening, papering,
painting, limewashing or other treatment as aforesaid, was completed, whichever is the less.
(2) If the last year of the tenancy is not a year in which the landlord is liable, under paragraph 3, to paint, gas-tar,
creosote or otherwise treat the doors, windows, eaves-guttering and downpipes of buildings, the tenant shall pay to the
landlord at the end of such last year either one-half of the estimated reasonable cost thereof or a sum equal to the
aggregate of one-tenth part of that cost in respect of each year that has elapsed since such last painting, gas-tarring,
creosoting or other treatment as aforesaid, was completed, whichever is the less.
(3) In the assessment of any compensation payable by the tenant on the termination of the tenancy in respect of
dilapidation, any accrued liability under the two preceding sub-paragraphs shall be taken into account.
[3058]
12.(1) If the landlord fails to execute repairs other than repairs to an underground waterpipe which are his liability
within three months of receiving from the tenant a written notice 5 specifying the necessary repairs and calling on him
to execute them, the tenant may execute such repairs and, except to the extent to which under the terms of Part I hereof
the tenant is liable to bear the cost, recover (subject to the landlords right to require arbitration under sub-paragraph (5)
below) the reasonable cost from the Landlord forthwith.
(2) If the landlord fails to execute any repairs which are his liability to an underground waterpipe within one week of
receiving from the tenant a written notice specifying the necessary repairs and calling on him to execute them, the
tenant may execute such repairs and, except to the extent to which under the terms of Part I hereof the tenant is liable to
bear the cost, recover (subject to the landlords right to require arbitration under sub-paragraph (5) below) the
reasonable cost from the landlord upon the expiry of a period of one month from the execution of the repairs.
[3059]
(3) Subject to sub-paragraph (4) below, if the landlord fails to execute any replacements which are his liability within
three months of receiving from the tenant a written notice 6 specifying the necessary replacements and calling on him to
execute them, the tenant may execute such replacements and, except to the extent to which under the terms of Part I
hereof the Tenant is liable to bear the cost, recover (subject to the landlords right to require arbitration under subparagraph (5) below) the reasonable cost from the Landlord forthwith.
(4) The tenant shall not to be entitled to recover, in respect of the aggregate of the replacements executed by him after
being specified in a notice given in pursuance of sub-paragraph (3) above, in any year of the tenancy any sum in excess
of whichever of the following sums is hereinafter specified in relation to the replacements so executed, that is to say
(a) in relation to replacements executed in any year of the tenancy terminating on or before 24th March 1988, a sum
equal to the rent of the holding for that year or 500, whichever is the smaller, or
(b) in relation to replacements executed in any year of the tenancy terminating after 24th march 1988, a sum equal to
the rent of the holding for that year or 2,000, whichever is the smaller.
(5)(a) If the Landlord wishes to contest his liability to execute any repairs or replacements specified in a notice served
upon him by the Tenant under sub-paragraph (1), (2) or (3) above he shall within one month of the service of that notice
serve a counter-notice7 in writing upon the tenant specifying the grounds on which and the items of repair or
replacement in respect of which he denies liability and requiring the question of liability in respect thereof to be
determined by arbitration under the Act.
(b) Upon service of a counter-notice on the tenant which relates to a notice served on the landlord under sub-paragraph
(1) or (3) above, the operation of the notice so served under sub-paragraph (1) or (3) (including the running of time
thereunder) shall be suspended, in so far as it relates to the items specified in the counter-notice, until the termination of
an arbitration determining the question of liability in respect of those items.
(c) Upon service of a counter-notice on the tenant which relates to a notice served on the landlord under sub-paragraph
(2) above, the tenants right under that sub-paragraph to recover the reasonable cost of the repairs specified in the
counter-notice shall not arise unless the question of liability to execute those repairs is first determined by arbitration in
favour of the tenant, and shall thereupon arise from the termination of the arbitration.
(d) In this sub-paragraph termination in relation to an arbitration means the date on which the arbitrators award is
delivered to the landlord.
[3060]
Part III. General Provisions
13.(1) If at any time and from time to time the landlord or the tenant shall be of the opinion that any item of fixed
equipment is, or before the same was damaged or destroyed by fire was, redundant to the farming of the holding, the
landlord or the tenant may by giving two months notice in writing 8 to the other of them require that the question
whether such item of fixed equipment is, or before such damage or destruction was, so redundant be determined, in
default of agreement, by arbitration under the Act, and if the arbitrator shall award that the said item of fixed equipment
is, or before such damage or destruction by fire was, redundant to the farming of the holding then, as from the date of
such award, paragraph 14(1) shall apply to that item and both the landlord and the tenant shall be relieved from all
liability in respect of any antecedent breach of any obligation to maintain, repair or replace the item of fixed equipment
so awarded to be redundant, and the landlord shall be entitled to demolish and remove such item of fixed equipment
and to enter upon the holding for those purposes.
(2) In any arbitration to which sub-paragraph (1) of this paragraph applies, no item of fixed equipment shall be
determined to be, or to have been before damage or destruction by fire, as the case may be, redundant to the farming of
the holding, unless the arbitrator shall be satisfied that the repair or replacement of such item is or, as the case may be,
was, not reasonably required having regard to
(a)(i)
the Landlords responsibilities to manage the holding in accordance with the rules of good estate
management; and
(ii)
the period for which the holding may reasonably be expected to remain a separate holding; and
(b)
the character and situation of the holding and the average requirements of a tenant reasonably skilled in
husbandry.
[3061]
14. Nothing contained in Parts I or II hereof shall create any liability on the part of either landlord or tenant:
(1) to maintain, repair, replace or insure any item of fixed equipment which the landlord and the tenant agree in writing
to be obsolete or redundant to the farming of the holding or which in the event of any dispute between them as to
whether it is, or before the same was damaged or destroyed by fire was, redundant to the farming of the holding, shall
be awarded to be so redundant by an arbitrator in any arbitration as mentioned in paragraph 13; or
(2) to execute any work if and so far as the execution of such work is rendered impossible (except at prohibitive or
unreasonable expense) by reason of subsidence of any land or the blocking of outfalls which are not under the control
of either the landlord or the tenant.
15. If any claim, question or difference shall arise between the landlord and the tenant under the foregoing provisions
hereof, not being a matter which, otherwise than under the provisions of this paragraph is required by or by virtue of
the Act or section 19 of the Agriculture (Miscellaneous Provisions) Act 1963 9 (notice to remedy breach of tenancy
agreement) or regulations or orders made thereunder or the foregoing provisions hereof to be determined by arbitration
under the Act, such claim, question or difference shall be determined, in default of agreement, by arbitration under the
Act.
Interpretation
16.(1) In this Schedule, unless the context otherwise requires, the Act means the Agricultural Holdings Act 1948 10
as amended by any other enactment.
(2) Any reference in this Schedule to a numbered paragraph is a reference to the paragraph bearing that number in this
Schedule.
[3062]
1
These provisions are set out in the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473
as amended by SI 1988/281 and are Crown Copyright. They are deemed to be incorporated in every contract of tenancy of an
agricultural holding except in so far as they would impose on one of the parties to an agreement in writing a liability that under
the agreement is imposed on the other: see the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations
1973 reg 3.
For a notice requesting and specifying repairs to be effected, see Form 124 [3515] post.
See now the Agricultural Holdings Act 1986, Sch 3 Pt I Case D, Pt II para 10 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
For a tenants counter-notice requiring the question of liability to be arbitrated, see Form 125 [3517] post.
For a notice requesting and specifying repairs to be effected by the landlord, see Form 126 [3519] post.
For a notice requesting and specifying repairs to be effected by the landlord, see Form 126 [3519] post.
For a landlords counter-notice requiring liability for repairs or replacements to be arbitrated, see Form 127 [3521] post.
For a notice requiring arbitration of the question whether an item of fixed equipment is redundant, see Form 128 [3523] post.
See now the Agricultural Holdings Act 1986, Sch 3 Pt I Case D, Pt II para 10.
See now the Agricultural Holdings Act 1986.
3
4
5
6
7
8
9
10
[3063][3070]
103
Lease of a farm for two years or more1
THIS LEASE is made the day of BETWEEN:
(1)
(name of landlord) of (address) (the Landlord, which expression where the context so admits is to include
the person for the time being entitled to the reversion immediately expectant on the determination of the term
created) and
(2)
(name of tenant) of (address) (the Tenant, which expression [where the context so admits is to include his
successors in title (or) is to include the person for the time being entitled to the term created by this lease])
NOW THIS DEED WITNESSES as follows:
In this agreement:
1.1
the Holding means all that farmhouse, cottages, buildings and land known as (name of farm) situate at
(insert details) and extending to approximately hectares ( acres) the particulars of which are
set out in schedule 1 and shown [for the purpose of identification only] edged red on the plan attached to this
agreement2;
[3071]
1.2
versa and words importing the masculine gender only include the feminine gender and words importing the
singular number only include the plural number and vice versa and where there are two or more individuals
included in the expression the Tenant covenants expressed to be made by him or them are to be deemed to
be made by such persons jointly and severally
1.3
1.4
1.5
save where otherwise stated any reference to a numbered clause or schedule means the clause or schedule in
this agreement that is so numbered.
[3072]
Demise
The Landlord demises the Holding to the Tenant, excepting and reserving to the Landlord as more particularly set out
in schedule 2, to hold to the Tenant for the term of years from (commencement date), paying during the term:
2.1
the yearly rent of (subject to increase in accordance with the provisions contained in schedule 3) 4 by
equal [half-yearly (or) quarterly] payments [on (date) and (date) (or) on the usual quarter days] free from all
deductions the first payment to be made on (date) next; and
2.2
such additional yearly rents as may be agreed between the Landlord and the Tenant in respect of the increase
in the rental value of the Holding attributable to the carrying out by the Landlord of such improvements to the
Holding as the Landlord may make at the request of or in agreement with the Tenant, such additional rents to
be paid [on (date) and (date) (or) on the usual quarter days], the first payment of each such rent to be made
on the first date for the payment of rent after the completion of the improvements to which the increase of
rent is attributable.
Tenants covenants
The Tenant covenants with the Landlord as follows:
3.1
Rent
3.2
(or)
[3073]
3.3
Water extraction
3.4
Use
The Tenant must not use or permit or suffer the use of the Holding or any part of it for any purpose other than
agriculture and in particular must not use it for:
3.4.1
the display of advertisements;
3.4.2
camping;
3.4.3
the parking of caravans;
3.4.4
holding fairs, racing, coursing, matches, games, contests, rallies, musical festivals or bathing by the public; or
3.4.5
as a market garden
and the Tenant must manage and farm the Holding as [a dairy (or) (as the case may be)] farm for which sole purpose it
is let.
[3074]
3.5
System of farming
The Tenant must not change the system of farming as [a dairy (or) (as the case may be)] farm without the consent of
the Landlord, whose consent may not be unreasonably withheld [or delayed], and where a change is consented to the
Tenant and not the Landlord is to be liable for all additional works of maintenance, repairs or improvements necessary
or desirable to be carried out on the Holding in consequence of the altered type of farming.
3.6
Limit on consent
Nothing contained in this agreement and no consent by the Landlord to a change in the type of farming under subclause
3.5 is to be deemed to be a consent in writing either for the purposes of this agreement or the Agricultural Holdings Act
1986 section 67 or to any of the improvements set out in the Agricultural Holdings Act 1986, Schedule 10.
3.7
Dispute as to consent
Any dispute as to whether consent is unreasonably withheld under the provisions of subclause 3.5 is to be determined
by a single arbitrator appointed in default of agreement by the President of the Royal Institution of Chartered
Surveyors.
3.8
Good husbandry
The Tenant must cultivate and manage the Holding according to the rules of good husbandry as defined in the
Agriculture Act 1947 section 11 so as not to impoverish or deteriorate the land and to keep and leave the Holding clean
and in good heart and condition.
[3075]
3.9
Pests
pests and to destroy rabbits, moles, rats and other vermin and to spread mole-hills and ant-hills upon the Holding.
3.10
Weeds
3.11
Notifiable diseases
The Tenant must immediately notify the Landlord in writing of any outbreak or suspected outbreak of any notifiable
disease of crops or stock on the Holding.
3.12
Farming in last year
In the last year of the tenancy the Tenant must farm and cultivate the Holding in accordance with the reasonable
requirements (if any) of the Landlord notified to the Tenant in writing.
3.13
Sprays
When using any sprays the Tenant must take all reasonable care to ensure that adjoining hedges trees and crops are not
adversely affected and must make good or replant as necessary should any damage occur and so far as possible must
select and use chemicals, whether for spraying, seed dressing or any other purposes whatever, that will cause the least
harm to game birds and other wild-life other than vermin or pests.
[3076]
3.14
Fire
The Tenant must not burn any straw left on the stubble behind the combine harvester and must use his utmost
endeavours to prevent any fire from burning or scorching any hedgerow or tree on the Holding or from spreading to
any part of any adjoining property whether belonging to the Landlord or not and in the event of damage occurring to
any part of such property the Tenant must pay the cost of reinstating it and must pay to the Landlord full compensation
for the loss of timber and for damage caused to the Landlords interests as reserved in this agreement and must
indemnify the Landlord from and against all claims that may be made by reason of damage to the property of any third
party.
[3.15
Stocking
The Tenant must keep the Holding properly stocked and use his best endeavours to stock the Holding with disease-free
[cattle].]
3.16
Grassland
3.17
Turf and topsoil
3.18
Cropping
3.19
Landlord.]
[3077]
3.20
Charges
3.21
Sale of crops
3.22
Manure
3.23
3.24
Dung
spread.
[3078]
3.25
3.26
Pruning
Surveyors.
3.27
Soil analysis
specify.
[3079]
3.28
Tree damage
3.29
Repairs

3.29.1
on the Holding.
3.29.2
of such repairs.]
Holding.]
3.30
3.31
Farmhouse
[3080]
3.32
Assignment
3.32.1
to operate as a breach of the terms of this subclause or subclause 3.31;
3.32.2
3.32.3
on terms that are first approved by the Landlord in writing and
3.32.4
[3081]
3.33
3.34
The Tenant must:

3.34.1
during the tenancy;
3.34.2
3.34.3
3.35
The Tenant must avoid any act or omission by which any policy of insurance of the Landlord may be invalidated and
must indemnify the Landlord against any losses, charges, costs or expenses incurred through any such invalidation and
must keep in the buildings an adequate number of fire extinguishers in good working order and must take all other
reasonable precautions to safeguard the Landlords property against fire and other risks.
[3082]
3.36
Game
3.37
Encroachments
[3083]
3.38
Nuisance
3.39
3.40
3.41
Planning
[3084]
3.42
Compensation
3.43
Pollution
3.44
Specialist crops
condition that:
3.44.1
Holding;
3.44.2
3.44.3
period exceeding 364 days and
3.44.4
[3085]
3.45
Notice of death
3.46
3.47
deducted from the amount of compensation due from the Landlord to the Tenant under subclauses 4.34.5.
3.48
3.49
Yielding-up
At the expiration or sooner determination of the tenancy the Tenant must yield up the Holding with vacant possession
of every part of it in a condition consistent with the due performance by him of the provisions contained above.
[3086]
Landlords covenants9
The Landlord covenants with the Tenant as follows:
[4.1
Repairs
in schedule 4. (or, where the model clauses are not set out but liability for repair is apportioned) required of him under
the provisions of the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 as
[4.2
Building insurance
4.3
Compensation
4.3.1
4.3.2
4.3.3
4.4
Quiet enjoyment
[3087]
Mutual agreements
5.1
Holdings Act 1986) resume possession at any time of any portion of the Holding 13 (not exceeding [%(or)
[3088]
5.2
Re-entry
If at any time:
5.2.1
5.2.2
agreement, or
5.2.3
the tenant15. or
5.2.4
5.2.5
5.2.6
5.2.7
[3089]
5.3
Distress
5.3.1
Upon any seizure by the Landlord under distress for rent the Landlord is not to be obliged to sell any hay,
5.3.2
5.4
Set-off
Either party may set off against and deduct from any money that may at any time be payable by him in respect of the
5.5
Redundant buildings
[3090]
5.6
5.6.1
5.6.2
5.7
Repair exclusions
5.7.1
5.7.2
5.8
Sale of Holding
the buyer.
[3091]
5.9
Cost of records
person requiring that record except in the case the records that must be made under clause 3.23, the cost of which must
be borne by the Tenant.
5.10
Exclusion of custom
5.11
Tenants fixtures
5.11.1
5.11.2
5.12
Landlords agent
5.13
VAT
[3092]
Stamp duty
IN WITNESS etc (see vol 12 (1994 Reissue) DEEDS, AGREEMENTS AND DECLARATIONS)
SCHEDULE 1
The Holding
(describe holding)
[3093]
SCHEDULE 2
1
1.1
1.2
1.3
Water
Wayleaves and entry
[3094]
Timber
Possession
The right to recover possession in accordance with the provisions of clause 5.1.
[6
Game etc
6.1
6.1.1
6.1.2
6.2
pests20.]
[3095]
Entry
7.1
7.2
Existing rights
Existing wayleaves
[3096]
SCHEDULE 3
The Rent Formula
The yearly rent of reserved in clause 2 is to be subject to increase as follows 22:
1
The Landlord or the Tenant may by notice in writing given to the other not less than 12 nor more than 18
months before any and every third anniversary of the term date require the rent as from such anniversary (the
Relevant Date of Review) to be reviewed.
From the Relevant Date of Review the yearly rent (in default of agreement) is be the yearly rent of ,
or a yearly rent amount equal to the rack rent value of the Holding as at that date to be determined by
arbitration as if the provisions of the Agricultural Holdings Act 1986 Section 12 and Schedule 2 were
applicable subject only to all necessary modifications for those provisions to be applied to a fixed term lease
rather than a tenancy from year to year, whichever is the greater.
For the purpose of this schedule the rack rent value of the Holding at the Relevant Date of Review is to be the
rent that an arbitrator appointed on such date would determine to be payable in respect of the Holding if
3.1
the Holding had been let on a tenancy from year to year but otherwise on the terms of this lease
(excluding the provisions of this schedule) and
3.2
the Landlord or the Tenant had by notice in writing demanded a reference to arbitration under the
Agricultural Holdings Act 1986 of the question what rent should be payable in respect of the
Holding as from the Relevant Date of Review and
3.3
none of the circumstances specified in the Agricultural Holdings Act 1986, Schedule 2 paragraph 4
applied at the date of such demand.
[3097]
SCHEDULE 4
ante may be included here)]
[(where the tenant is to be responsible for repairs)
Repairing obligations of the Tenant23

1
Repair
The Tenant must repair and keep and leave clean and in good, tenantable repair, order and condition the farmhouse,
cottages and all buildings and fixed equipment on the Holding including the main walls, roofs and timbers, all fixtures
and fittings in all buildings, water supply systems and fittings (whether situated above or below ground) and all
installations connected with them, sewage disposal systems including septic tanks filtering media and cesspools
(including covers and tops), fences (live and dead), hedges, walls, ditches, roads and yards and all other fixed
Replacement
Guttering etc
[3098]
Painting outside
Painting inside
Hedges
[3099]
Ponds and ditches
one-fifth of that cost in respect of each year that has elapsed since such last painting, gas-tarring, creosoting or other
10
dilapidations any accrued liability under paragraphs 8 and 9 of this schedule is to be taken into account.
[3100]
11
12
12.1
12.2
[3101]
13
Redundant buildings
Nothing in this schedule shall impose upon the Tenant any liability for the repair or replacement of any buildings listed
as redundant in schedule 5 or deemed to be included in it under clause 5.6.
14
Work rendered impossible
Nothing in this schedule shall create any liability on the Tenant to execute any work if and in so far as the execution of
such work is rendered impossible (except at prohibitive or unreasonable expense) by reason of subsidence of any land
or the blocking of outfalls which are not under the control of the Tenant]
SCHEDULE 5
(insert details)
SCHEDULE 6
(insert details)
(signature (or common seal) of the landlord: lease)
(signatures of witnesses)26
[3102]
1
Counterpart). Where the lease is for 21 years or more, application must be made to the Land Registry for registration within 2
months after the date on which it is granted, otherwise the lease will become void as regards the legal estate granted: see the
Land Registration Act 1925 s 123 (37 Halsburys Statutes (4th Edn) REAL PROPERTY). This Form provides for 3 possibilities
with regard to repairing obligations. Repairs may be apportioned in accordance with the Agriculture (Maintenance, Repair and
Insurance of Fixed Equipment) Regulations 1973/1473 as amended by SI 1988/281, made pursuant to the Agricultural Holdings
Act 1986 s 7(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). These are set out in Form 102 [3051] post and may be
included in schedule 4 to this form in extenso if required. If, however, it is desired that the parties should be subject to the
regulations from time to time currently in force, it is preferable to incorporate them referentially: see clauses 3.29 [3080] and 4.1
[3087] of this form. Finally, the tenant may be made liable for all repairs and replacements, as suggested in schedule 4 [3098] of
this form. The provisions set out in the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973
as amended are deemed to be incorporated in every contract of tenancy of an agricultural holding except in so far as they would
impose on one of the parties to an agreement in writing a liability that under the agreement is imposed on the other: see the
Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 reg 3.
The holding must be fully described and a map or plan is desirable: see the Agricultural Holdings Act 1986 Sch 1 para 2. It is
OS maps; the edition or revision of the OS map used should be stated, either by description or by reference to an annexed plan,
[1941] 2 KB 424 at 430.
[3103]
4
The initial rent can be varied by agreement between the parties or by arbitration upon the demand of either landlord or tenant. As
to arbitration of rent, see Paragraphs 334 [2116]342 [2125] ante. A variation in the rent does not operate as a termination and
grant of a new tenancy: see Jenkin Lewis & Son Ltd v Kerman [1971] Ch 477, [1970] 3 All ER 414, CA. A reduction in rent
consequent upon a change in the holding itself (even if only the surrender of a building) will trigger a new 3-year period: Mann v
Gardner [1991] 1 EGLR 9, CA. As to the procedures regarding variation in rent during the currency of the tenancy, see the
Agricultural Holdings Act 1986 s 12 and Paragraphs 334 [2116]342 [2125] ante.
(1984) 49 P & CR 367, CA.
(4th Edn) AGRICULTURE) without the tenant being in breach of this prohibition. As to the Rent (Agriculture) Act 1976, see
Paragraph 601 [5001] et seq post.
[3104]
7
8
9
10
(1)
(2)
an applicant has given notice of an application to the Agricultural Land Tribunal for the grant of a new tenancy in
succession; or
(3)
This clause should be omitted if the second alternative schedule 4 [3098] is used.
11
12
[3105]
13
14
15
circumstances as specified in those subsections. As to notice to quit part, see Paragraphs 372 [2245] and 373 [2246] ante. These
circumstances do not include general residential development, development for industrial purposes etc Clause 5.1 [3088] of this
form extends very widely the circumstances in which a landlord may give notice to quit part of the holding, without offending
the general common law rule that a notice to quit part is invalid: see Re Bebingtons Tenancy, Bebington v Wildman [1921] 1 Ch
559 and Woodward v Earl of Dudley [1954] Ch 283, [1954] 1 All ER 559.
(1)
(2)
company tenants, see Form 101 note 2 [3035] ante.
As regards the making of an administration order, it should be noted that the Insolvency Act 1986 s 10(1)(c) provides that no
proceedings, execution or other legal process may be commenced or continued, and no distress may be levied, against the
[3106]
16
17
18
19
20
equipment on the holding is redundant to the farming of the holding, see the Agriculture (Maintenance, Repair and Insurance of
obsolete.
Halsburys Statutes (4th Edn) VALUE ADDED TAX AND CAR TAX). See Information Binder: Property [1]: VAT and Property.
Clause 3.32.4 [3081] of this Form contains a provision for the grant of limited sporting rights by the tenant and in clause 3.36
[3083] there is a provision for the inclusion of shooting rights in the letting. Schedule 2 paragraph 6 [3095] provides for the
exclusion of all sporting rights. Care must be taken to ensure that one or other provision applies but not both and that the
20 and Paragraphs 450 [2501] and 451 [2502] ante. For a notice of occurrence of damage by game, see Form 219 [4011] and for
a notice of claim for damage by game, see Form 220 [4013] post. The grant of sporting rights otherwise than in connection with
the sale of the freehold may attract VAT if sold in the course or furtherance of business: see the Value Added Tax Act 1994, Sch 9
Pt II group 1 item 1(b).
[3107]
21
22
(1)
(2)
(3)
The initial rent can be varied by agreement between the parties or by arbitration upon the demand of either landlord or tenant:
see Paragraphs 334 [2116]342 [2125] ante. A variation in the rent does not operate as a termination and grant of a new tenancy:
23
see Jenkin Lewis & Son Ltd v Kerman [1971] Ch 477, [1970] 3 All ER 414, CA. A reduction in rent consequent upon a change in
the holding itself (even if only the surrender of a building) will trigger a new 3-year period: Mann v Gardner [1991] 1 EGLR 9,
CA. As to the procedures regarding variation in rent during the currency of the tenancy, see the Agricultural Holdings Act 1986 s
12 and Paragraphs 334 [2116]342 [2125] ante.
the award.
For a landlords notice requesting and specifying repairs, see Form 124 [3515] post.
For a tenants counter-notice requiring arbitration, see Form 125 [3517] post.
As to the statutory requirements for valid execution of a deed, see vol 12 (1994 Reissue) DEEDS, AGREEMENTS AND
DECLARATIONS.
24
25
26
[3108][3115]
104
Agreement for letting farm from year to year containing the minimum statutory requirements 1
(1)
(name of landlord) of (address) (the Landlord, which expression where the context permits includes the
(2)
(name of tenant) of (address) (the Tenant, which expression where the context permits includes his
successors in title)2
Holding
The Landlord agrees to let and the Tenant agrees to take the agricultural holding including the shooting rights over it
known as (name of holding) (the Holding) situate at (insert details) and extending to approximately hectares
( acres) the particulars of which are set out in the schedule and shown [for the purpose of identification only]
edged red on the plan attached to this agreement 3 together with all the Landlords fixtures and fittings on the Holding.
[3116]
Term
The tenancy is to commence on (commencement date) and continue from year to year until determined at the end of
Rent and outgoings
The Tenant must pay during the tenancy:

3.1
the annual rent of by [2] equal [half-yearly] payments on [25 March] and [29 September] clear of all
deductions, the first payment to be made on (date); and
3.2
all land tax and rates (including drainage rates) (if any).
4.1
Return of manurial values
In the event of the destruction by fire of harvested crops grown on the Holding for consumption on it, the Tenant must
return to the Holding the full equivalent manurial value of the crops destroyed in so far as the return is required for the
fulfilment of his responsibilities to farm in accordance with the rules of good husbandry.
[4.2
Insurance
The Tenant must insure against damage by fire all dead stock on the Holding and such harvested crops as are referred to
in subclause 4.1.]4
4.3
Assignment
The Tenant must not assign, sublet or part with possession of the Holding or any part of it without the Landlords
consent in writing. 5
[4.4
Repair
(insert details of repairing obligation)]6

[3117]
Right of re-entry
If at any time:
5.2.1
5.2.2
agreement, or
5.2.3
the tenant7. or
5.2.4
5.2.5
5.2.6
5.2.7
Stamp duty
SCHEDULE
(describe holding)
(signatures of (or on behalf of) the parties)9
[3118]
1
Counterpart). This Form is appropriate for use between the parties where no special terms and conditions have been agreed save
for the identity of the parties, the rent and the extent of the holding. Any special terms should be incorporated as appropriate. If
there is no agreement in writing between the parties or there is only a defective agreement not containing the minimum
requirements of the Agricultural Holdings Act 1986 s 6(1), Sch 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE), either party
may request the other to enter into such an agreement in writing: see Paragraph 316 [2043] et seq ante. In default of agreement
the matter may be referred to arbitration: see the Agricultural Holdings Act 1986 s 6(1). This form of agreement covers all the
matters required by the Agricultural Holdings Act 1986, Sch 1, so that the opportunity of referring the terms to arbitration will
not arise.
Only in rare circumstances would a landlord be well advised to let a company into occupation as tenant, as doing so could
amount to a letting virtually in perpetuity. A company cannot die and therefore the landlord may have no opportunity to
terminate the tenancy under the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case G. The right to give notice to quit on the
death of the tenant in the case of joint tenants applies on the death of the sole or sole surviving tenant: see the Agricultural
Holdings Act 1986 s 26(2), Sch 3 Pt I Case G. As to Case G, see Paragraph 385 [2284] ante.
The holding must be fully described and a map or plan is desirable: see the Agricultural Holdings Act 1986, Sch 1 para 2. For the
definition of agricultural holding, see Paragraph 304 [2012] ante.
This clause should not be inserted if the interest of the tenant is held for the purposes of a Government department or where the
tenant has made provision approved by the Minister in lieu of such insurance: see the Agricultural Holdings Act 1986 s 6(1), Sch
1 para 7.
As to the effect of a request for a written agreement on the right to assign, see Paragraph 318 [2045] ante.
If any special terms have been agreed insert the appropriate details. If no express provisions are inserted as to repair, the parties
will be bound by the model clauses, for which see Form 102 [3051] ante.
5
6
[3119]
7
(1)
(2)
company tenants, see note 2 above.
As regards the making of an administration order, it should be noted that the Insolvency Act 1986 s 10(1)(c) provides that no
proceedings, execution or other legal process may be commenced or continued, and no distress may be levied, against the
to the requirements for valid execution as a deed, see vol 12 (1994 Reissue) DEEDS , AGREEMENTS AND DECLARATIONS..
[3120][3300]
105
Agreement for letting from year to year land to be cultivated as a market garden 1
(1)
(name of landlord) of (address) (the Landlord, which expression where the context permits includes the
(2)
(name of tenant) of (address) (the Tenant, which expression where the context permits includes his
successors in title)
In this agreement:
1.1
the Holding means the agricultural holding [including the shooting rights over it] known as situate
at and extending to approximately hectares ( acres) particulars of which are set out in
schedule 1, shown [for the purpose of identification only] edged red on the plan attached to this agreement 2;
1.2
the Commencement Date means (date);
1.3
[3301]
1.4
the Commencing Rent means the rent stated in subclause 5.1;

versa, words importing the masculine gender only include the feminine gender, words importing the singular
number only include the plural number and vice versa and where there are two or more individuals included
in the expression the Tenant covenants expressed to be made by him or them are to be deemed to be made
by such persons jointly and severally;
1.5
1.6
1.7
save where otherwise stated any reference to a numbered clause or schedule means the clause or schedule in
this agreement that is so numbered.
[3302]
The Holding
The Landlord agrees to let and the Tenant agrees to take the Holding together with all Landlords fixtures and fittings
excepting and reserving to the Landlord as more particularly set out in schedule 2.
Term
The tenancy is to commence on the Commencement Date and continue from year to year until determined at the end of
Existing easements and reservations
The Holding is let subject to all public and private rights of way and all other easements and agreements (if any)
affecting it and to the exceptions and reservations mentioned below.
Rent
5.1
The rent is to be a year and is to continue at the same yearly sum until such time as a different rent
is substituted for it4 either by agreement or by arbitration under the provisions of the Agricultural Holdings
Act 1986 after which the rent is to be the substituted rent.
5.2
Any agreement by which a new rent for the Holding is agreed is to be deemed to be made under this clause
and not to create a fresh tenancy agreement unless otherwise specifically stated.
5.3
The rent is to be payable half yearly [in advance (or) in arrears] on 25 March and 29 September in each year
the first payment (being a proportionate part of the rent) to be made on (date).
5.4
The Commencing Rent is to be reviewed on the [third] anniversary of the Commencement Date (if the
tenancy so long continues) and the rent payable from that date is to be the rent (not being less than the
Commencing Rent) that an arbitrator appointed immediately before that date pursuant to a reference to
arbitration properly demanded by the Landlord under the Agricultural Holdings Act 1986 section 12 would
determine to be properly payable in respect of the Holding under the provisions of that section, and in default
of agreement the rent payable is to be determined by a single arbitrator to be appointed in accordance with
the provisions of the Agricultural Holdings Act 1986.
[3303]
6.1
Rent
6.2
(or)
[3304]
6.3
Water extraction
6.4
Use
The Tenant must not use or permit or suffer the use of the Holding or any part of it for any purposes other than as a
market garden5 and in particular not for the display of advertisements, camping, the parking of caravans, the purpose of
fairs, racing, coursing, matches, games, contests, rallies, musical festivals or bathing by the public and must manage
and farm the Holding as a market garden for which sole purpose it is let under this agreement.
6.5
System of farming
The Tenant must not change the above system of farming without the consent in writing of the Landlord.
6.6
Good husbandry
The Tenant must cultivate and manage the Holding according to the rules of good husbandry (as defined in the
Agriculture Act 1947 section 11 and as applicable to a market garden) so as not to impoverish or deteriorate the land
and to keep and leave the Holding clean and in good heart and condition.
[3305]
6.7
Pests
pests and must destroy rabbits, moles, rats and other vermin and spread mole hills and ant hills upon the Holding.
6.8
Weeds
6.9
Notifiable diseases
The Tenant must notify the Landlord in writing immediately of any outbreak or suspected outbreak of any notifiable
disease of crops on the Holding.
6.10
Sprays
When using any sprays the Tenant must take all reasonable care to ensure that adjoining hedges, trees and crops are not
adversely affected and must make good or replant as necessary should any damage occur; and so far as possible the
Tenant must select and use chemicals, whether for spraying seed dressing or any other purposes whatsoever, that will
cause the least harm to game birds and other wildlife other than vermin or pests.
6.11
Pruning etc
The Tenant must preserve, prune, spray and manage the fruit trees and fruit bushes permanently set out and plants and
roots on the Holding; must not cut or remove any trees or bushes permanently set out except such as are dead, worn
out, unfruitful or damaged and the removal of which would benefit the Holding; and forthwith or as soon as practicable
must replace any trees or bushes that die or become worn out or unfruitful by others of an equally valuable good and
suitable kind.
[3306]
6.12
Grassland
6.13
Turf and topsoil
6.14
Cropping
6.15
Landlord.]
[3307]
6.16
Charges
6.17
Sale of crops
6.18
Manure
6.19
6.20
Dung
spread.
[3308]
6.21
6.22
Pruning
Surveyors.
6.23
Soil analysis
specify.
6.24
Tree damage
[3309]
6.25
Repairs

6.25.1
on the Holding.
6.25.2
of such repairs.]
Holding.]
6.26
6.27
Farmhouse
[3310]
6.28
Assignment
6.28.1
to operate as a breach of the terms of this subclause or subclause 6.27;
6.28.2
6.28.3
on terms that are first approved by the Landlord in writing and
6.28.4
6.29
[3311]
6.30
The Tenant must:

6.30.1
during the tenancy;
6.30.2
6.30.3
6.31
The Tenant must avoid any act or omission by which any policy of insurance of the Landlord may be invalidated and
must indemnify the Landlord against any losses, charges, costs or expenses incurred through any such invalidation and
must keep in the buildings an adequate number of fire extinguishers in good working order and must take all other
reasonable precautions to safeguard the Landlords property against fire and other risks.
[3312]
6.32
Game
6.33
Encroachments
6.34
Nuisance
6.35
6.36
[3313]
6.37
Planning
6.38
Compensation
6.39
Pollution
6.40
Specialist crops
condition that:
6.40.1
[3314]
6.40.2
Holding;
6.40.3
period exceeding 364 days and
6.40.4
6.41
Notice of death
6.42
6.43
deducted from the amount of compensation due from the Landlord to the Tenant under subclauses 7.37.5.
[3315]
6.44
6.45
Yielding-up
At the expiration or sooner determination of the tenancy the Tenant must yield up the Holding with vacant possession
of every part of it in a condition consistent with the due performance by him of the provisions contained above.
Agreements by the Landlord10
The Landlord agrees with the Tenant as follows:
[7.1
Repairs
in schedule 3 (or where the model clauses are not set out but liability for repair is apportioned) required of him under
the provisions of the Agriculture (Maintenance, repair and Insurance of Fixed Equipment) Regulations 1973 as
[3316]
[7.2
Building insurance
7.3
Compensation
7.3.1
7.3.2
7.3.3
7.4
Quiet enjoyment
[3317]
Further agreements
8.1
Holdings Act 1986) resume possession at any time of any portion of the Holding 14 (not exceeding [%(or)
8.2
Re-entry
If:
8.2.1
8.2.2
agreement, or
8.2.3
the tenant16, or
8.2.4
8.2.5
[3318]
8.2.6

8.2.7
8.3
Distress
8.3.1
Upon any seizure by the Landlord under distress for rent, the Landlord is not to be obliged to sell any hay,
8.3.2
[3319]
8.4
Set-off
Either party may set off against and deduct from any money that may at any time be payable by him in respect of the
8.5
Redundant buildings
[3320]
8.6
8.6.1
8.6.2
8.7
Repair exclusions
8.7.1
8.7.2
8.8
Sale of Holding
the buyer.
[3321]
8.9
Cost of records
person requiring that record except in the case the records that must be made under clause 6.19, the cost of which must
be borne by the Tenant.
8.10
Exclusion of custom
8.11
Tenants fixtures
8.11.1
8.11.2
8.12
Landlords agent
8.13
VAT
[3322]
SCHEDULE 1
The Holding
(describe holding)
SCHEDULE 2
[1
1.1
1.2
1.3
[3323]
Water
Wayleaves and entry
Timber
Possession
The right to recover possession in accordance with the provisions of clause 8.1.
[3324]
[6
Game etc
6.1
6.1.1
6.1.2
6.2
pests21.]
Entry
7.1
7.2
Existing rights
Existing wayleaves
(or as the case may be)]
[3325]
SCHEDULE 3
ante may be included here)]
[(where the tenant is to be responsible for repairs)23
Repair
The Tenant must [put into repair and] keep and leave clean, and maintain in good, tenantable repair, order and condition
the farmhouse, cottages and all buildings and fixed equipment on the Holding including the main walls, roofs and
timbers, all fixtures and fittings in all buildings, water supply systems and fittings (whether situated above or below
ground) and all installations connected with them, sewage disposal systems including septic tanks filtering media and
cesspools (including covers and tops), fences (live and dead), hedges, walls, ditches, roads and yards and all other fixed
Replacement
Guttering etc
[3326]
Painting outside
Painting inside
Hedges
[3327]
Ponds and ditches
20% of that cost in respect of each year that has elapsed since such last painting, gas-tarring, creosoting or other
10
dilapidations any accrued liability under paragraphs 8 and 9 of this schedule is to be taken into account.
[3328]
11
12
12.1
12.2
[3329]
13
Redundant buildings
Nothing in this schedule shall impose upon the Tenant any liability for the repair or replacement of any buildings listed
as redundant in schedule 4 or deemed to be included in it under clause 8.6.
14
Impossible work
Nothing in this schedule shall create any liability on the Tenant to execute any work if and in so far as the execution of
such work is rendered impossible (except at prohibitive or unreasonable expense) by reason of subsidence of any land
or the blocking of outfalls which are not under the control of the Tenant.]
SCHEDULE 4
(insert details)
SCHEDULE 5
(insert details)
(annex plan)
[3330]
1
Counterpart). This Form provides for 3 possibilities with regard to repairing obligations. Repairs may be apportioned in
accordance with the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473 as amended
by SI 1988/281, made pursuant to the Agricultural Holdings Act 1986 s 7(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
These are set out in Form 102 [3051] ante and may be included in schedule 3 to this form in extenso if required. If, however, it is
desired that the parties should be subject to the regulations from time to time currently in force, it is preferable to incorporate
them referentially: see subclauses 6.25 [3310] and 7.1 [3316] of this form. Finally, the tenant may be made liable for all repairs
and replacements, as suggested in schedule 3 [3326] of this form. The provisions as set out in the Agriculture (Maintenance,
Repair and Insurance of Fixed Equipment) Regulations 1973 as amended are deemed to be incorporated in every contract of
tenancy of an agricultural holding except in so far as they would impose on one of the parties to an agreement in writing a
liability that under the agreement is imposed on the other: see the Agriculture (Maintenance, Repair and Insurance of Fixed
Equipment) Regulations 1973 reg 3.
The holding must be fully described and a map or plan is desirable: see the Agricultural Holdings Act 1986, Sch 1 para 2. It is
OS maps. The edition or revision of the OS map used should be stated, either by description or by reference to an annexed plan,
[1941] 2 KB 424 at 430.
[3331]
4
The initial rent can be varied by agreement between the parties or by arbitration upon the demand of either landlord or tenant:
see Paragraphs 334 [2116]342 [2125] ante. A variation in the rent does not operate as a termination and grant of a new tenancy:
see Jenkin Lewis & Son Ltd v Kerman [1971] Ch 477, [1970] 3 All ER 414, CA. A reduction in rent consequent upon a change in
the holding itself (even if only the surrender of a building) will trigger a new 3-year period: Mann v Gardner [1991] 1 EGLR 9,
CA. As to the procedures regarding variation in rent during the currency of the tenancy, see the Agricultural Holdings Act 1986 s
12 and Paragraphs 334 [2116]342 [2125] ante.
A market garden is merely a species of agricultural holding for which special provisions as to compensation, including the
Evesham Custom, apply. See in particular the Agricultural Holdings Act 1986 ss 7981, Sch 10 (1 Halsburys Statutes (4th
Edn) AGRICULTURE), Paragraphs 442 [2471]445 [2474] ante and 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE para
444 et seq.
(1984) 49 P & CR 367, CA.
(4th Edn) AGRICULTURE) without the tenant being in breach of this prohibition. As to the Rent (Agriculture) Act 1976, see
paragraph 601 [5001] et seq post.
[3332]
8
9
(1)
(2)
an applicant has given notice of an application to the Agricultural Land Tribunal for the grant of a new tenancy in
succession; or
10
11
12
13
(3)
This clause should be omitted if the tenant is to be responsible for repairs.
[3333]
14
15
16
circumstances as specified in those subsections. As to notice to quit part, see Paragraphs 372 [2245] and 373 [2246] ante. These
circumstances do not include general residential development, development for industrial purposes etc Clause 8.1 [3318] extends
very widely the circumstances in which a landlord may give notice to quit part of the holding without offending the general
common law rule that a notice to quit part is invalid: see Re Bebingtons Tenancy, Bebington v Wildman [1921] 1 Ch 559 and
Woodward v Earl of Dudley [1954] Ch 283, [1954] 1 All ER 559.
(1)
(2)
company tenants, see Form 101 note 2 [3035].
As regards the making of an administration order, it should be noted that the Insolvency Act 1986 s 10(1)(c) provides that
no proceedings, execution or other legal process may be commenced or continued, and no distress may be levied, against the
[3334]
17
18
19
20
21
equipment on the holding is redundant to the farming of the holding see the Agriculture (Maintenance, Repair and Insurance of
obsolete.
Halsburys Statutes (4th Edn) VALUE ADDED TAX AND CAR TAX). See Information Binder: Property [1]: VAT and Property.
Sub-clause 6.28.4 [3311] of this Form contains a provision for the grant of limited sporting rights by the tenant and in sub-clause
6.32 [3313] there is a provision for the inclusion of shooting rights in the letting. Paragraph 6 [3325] of schedule 2 provides for
the exclusion of all sporting rights. Care must be taken to ensure that one or other provision applies but not both and that the
20 and Paragraphs 450 [2501] and 451 [2502] ante. For a notice of occurrence of damage by game, see Form 219 [4011] post
and for a notice of claim, see Form 220 [4013] post. The grant of sporting rights otherwise than in connection with the sale of the
freehold may attract VAT if sold in the course or furtherance of business: see the Value Added Tax Act 1994, Sch 9 Pt II group 1
item 1(b).
[3335]
22
23
(1)
(2)
(3)
the award.
For a tenants notice requesting and specifying repairs, see Form 124 [3515] post.
For a landlords counter-notice requiring arbitration of the question of liability to execute repairs, see Form 125 [3517] post.
to the requirements for valid execution as a deed, see vol 12 (1994 Reissue) DEEDS , AGREEMENTS AND DECLARATIONS.
24
25
26
[3336][3400]
106
Agreement by tenant to permit landlord to enter holding in last year of tenancy for purposes of cultivation 1
The Tenant must permit the Landlord to enter upon the [Holding] after (date) in the last year of the tenancy, with
workmen and all necessary machinery, to (specify permitted activity) [and after (date) in that year to (specify permitted
activity)] and to carry out all such other reasonable acts of husbandry as the Landlord may require.
1
In view of recent decisions, it would appear that contractual arrangements whereby an incoming tenant may enter land for the
purpose of cultivation (or otherwise for the purpose of agricultural exploitation of the land) may result in security of tenure being
inadvertently conferred: Padbury v York [1990] 41 EG 65. No reference to the incoming tenant should therefore be made in any
agreement of this nature.
[3401]
107
Clauses for tenancy agreement of hill farm tying sheep stock1
[3]
Tenants agreements
[3.5]
Maintenance of flock
The Tenant must keep and maintain on the Holding a breeding flock of approximately hill sheep, including the
requisite number of breeding rams in regular ages from hoggs to 6 years, according to the most approved system of hill
sheep farming for the area.
[3.6]
Inspection
The Tenant must make the flock available for inspection at the time when the sheep are gathered for clipping or dipping
or upon reasonable notice from the Landlord [or his agent].
[3.7]
Sale to Landlord1
[3.7].1
At the termination of the tenancy the Tenant must sell to the Landlord or his nominee and the Landlord or his
nominee must purchase all the breeding flock of hill sheep that is hefted onto the Holding.
The value of the flock is to be the market value of the sheep plus such amount if any as represents the value
attributable to the acclimatisation or settlement of the sheep on the Holding calculated in accordance with the
Agriculture (Calculation of Value for Compensation) Regulations 19781983 2 or any subsequent amendment
of those regulations.
[3.7].2
1
2
This Form was supplied by Messrs Nicholson, Wood and Gregg, Hexham, Northumberland. Such a restriction on the tenants
right to dispose of his flock has been found necessary in order to facilitate the re-letting of certain hill farms.
See the Agriculture (Calculation of Value for Compensation) Regulations 1978/809 as amended by SI 1980/751, SI 1981/822
and SI 1983/1475.
[3402]
108
General clauses for protection of quotas (excluding milk quota) or premium under marketing schemes 1
(add to definitions clause)

1.
scheme for the production or marketing of agricultural produce or otherwise or any right of restriction on
(other than milk quota) that is now or at any time in the future may be allocated, transferred or made
available to the Tenant in respect of the Holding;
Quotas and premiums
.1
The Tenant must preserve the benefit of any Quota transferred to or made available to him at the
commencement of the Term or subsequently as the occupier for the time being of the Holding.
.2
On termination of the Term the Tenant must transfer the benefit of the Quota or make the Quota available to
the Landlord or to any incoming occupier (as appropriate).
These clauses are designed for addition to a lease of an agricultural holding, for example, Form 101 [3001] ante. It should be
remembered that these provisions protect the landlords and not the tenants position.
[3403]
109
Clause for protection of landlords milk quota attached to the holding and transferred to the tenant for the
duration of the tenancy1
(add to definitions clause)
1.
Milk Quota means litres of [wholesale (or) direct sales] milk quota with a butterfat base of %
attached to the Holding at the commencement of the Term;
Milk quota
.1
Tenants obligations

.1.1
The Tenant must farm the Holding throughout the Term and comply with any Act of Parliament, subordinate
legislation or any European Union legislation or decree having effect of law in the United Kingdom, and any
direction made by the Landlord, so as to ensure that the entirety of the Milk Quota continues to be attached to
the Holding (and to no other land) to the intent that it will be transferable to the Landlord or at his direction
on the termination of this agreement.
.1.2
The Tenant must not charge or lease the Milk Quota.
.1.3
The Tenant must not do or omit to do anything that results or may result in all or part of the Milk Quota being
reduced, lost, charged or removed from the Holding whether permanently or temporarily, or otherwise being
unavailable to a future occupier of the Holding.
[3404]
.1.4
The Tenant must co-operate with the Landlord on the termination of the Term in signing and lodging (in
accordance with all time limits that may be applicable) all necessary documents including any required by
any Authority to effect the transfer of the Milk Quota to the Landlord or as the Landlord may direct.
.1.5
Subject to subclause .3, in the event of the Milk Quota or any part of it not being transferred to the
Landlord or at his direction upon the change of occupation consequent upon termination of this agreement,
the Tenant must compensate the Landlord for all lawfully recoverable losses thereby sustained including the
cost to the Landlord of acquiring milk quota of comparable butterfat base and usage to the Milk Quota or any
such part.
.1.6
If quantification of the whole or any part of the loss suffered by the Landlord in circumstances referred to in
subclause .1.5 is impossible, the sum payable to the Landlord is to be a sum equal to any reduction in the
value of the Holding consequent upon such loss.
.2
Reductions
.2.1
The obligations contained in clause .1 are not to apply in so far as the Milk Quota has been subject to
reductions imposed by any competent authority unless the reductions are cancelled or reinstated in part, and
.2.2
if the reductions are cancelled or reinstated in part the obligations are to apply to the extent of the partial
cancellation or reinstatement.
If any such reductions referable to any period after the expiry of the Term result in the payment of any
compensation to the Tenant or to any partnership or company of which the Tenant is a member or officer in
which he has or had any interest (irrespective of when the same is paid) such compensation is to be treated as
belonging to the Landlord and must be paid to the Landlord without deduction immediately upon receipt.
[3405]
.3
Restrictions in last 12 months of Term
During the period from 31 March in the last 12 months of the Term to the end of the Term, the Tenant must not during
any month produce any greater quantity of milk than one twelfth of the total production entitlement permitted by any
authority for that 12 month period or as specified in any milk production monthly profile produced by any authority,
whichever be the greater.
.4
Request for prospective apportionment
The Tenant must at any time during the Term at the direction of the Landlord request a prospective apportionment of
the Milk Quota in relation to the Holding pursuant to regulation 11 and Schedule 1 of the Dairy Produce Quotas
Regulations 1994 and must use his best endeavours to obtain the consent of all interested parties (as defined by the
Dairy Produce Quotas Regulations 1994) to the prospective apportionment.
1
These clauses are designed for addition to a lease of an agricultural holding, for example, Form 101 [3001] ante. It should be
remembered that these provisions protect the landlords and not the tenants position.
(the next form number is 116)

[3406][3500]
B: MATTERS ARISING DURING TENANCY

116
Request to enter into written tenancy agreement where none exists 1
AGRICULTURAL HOLDINGS ACT 1986 SECTION 6(1)
NOTICE REQUIRING A WRITTEN AGREEMENT

To:
of:
(name of landlord or name of tenant)

(address)
(name or description of holding)

WHEREAS [it is your contention that there is no (or) there is uncertainty whether there is any]2 agreement in writing
between us embodying all the terms of the tenancy of the above holding
NOW I, (name of tenant or name of landlord) of (address), REQUEST YOU, in accordance with the Agricultural
Holdings Act 1986 section 6(1), to enter into a written agreement embodying all the terms of the tenancy 3 and
containing provision for all the matters specified in the Agricultural Holdings Act 1986, Schedule 1 4.
[3501]
Dated:
Signed:
1
2
3
This Form should be used where there is no written agreement or there is uncertainty as to whether one exists. For a notice for
use where there is a written agreement but it does not make provision for all the matters specified in the Agricultural Holdings
Act 1986, Sch 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE), see Form 117 [3503] post. As to the right to written terms, see
Paragraphs 316 [2043]319 [2046] ante.
The alternative may be used, eg, where there may be a tenancy agreement but, if there is, it has been mislaid.
Any terms established after the execution of the written agreement by the operation of regulations pursuant to the Agricultural
Holdings Act 1986 s 7 are deemed to be incorporated in the written agreement except in so far as they would impose on one of
the parties to a written agreement a liability that, under the agreement, is imposed on the other: see the Agricultural Holdings Act
1986 s 7(3).
The Agricultural Holdings Act 1986 s 6(1)(b), Sch 1 establishes terms to be included in the written agreement, but see also note
3 above and Paragraphs 316 [2043]319 [2046] ante.
[3502]
117
Request to enter an agreement to supplement an existing written tenancy agreement 1
NOTICE REQUIRING A SUPPLEMENTARY AGREEMENT

To:
of:

(address)

WHEREAS the tenancy agreement dated , in respect of the above holding, contains no provision for the
following matters specified in the Agricultural Holdings Act 1986, Schedule 1 2: (specify relevant matters)
NOW I, (name of tenant or name of landlord) of (address), REQUEST YOU, in accordance with the Agricultural
Holdings Act 1986 section 6(1), to enter into an agreement supplemental to the tenancy agreement containing provision
for such matters.
[3503]
Dated:
Signed:
1
This Form should be used when there is a written agreement in existence but it does not provide for all the matters specified in
the Agricultural Holdings Act 1986, Sch 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE). Where there is no written agreement
or there is uncertainty as to whether one exists, Form 116 [3501] ante should be used. As to the situation where the terms of the
tenancy neither make provision for nor make provision inconsistent with the Agricultural Holdings Act 1986, Sch 1 para 9 and
the landlord serves a request under section 6(1), see the Agricultural Holdings Act 1986 s 6(5). As to the right to written terms,
see Paragraphs 316 [2043]319 [2046] ante.
Any prescribed terms relating to the maintenance, repair and insurance of fixed equipment specified by the Agriculture
(Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473 as amended by SI 1988/281 are, and any
subsequent regulations will be deemed to be, incorporated in the agreement except in so far as they would impose on one of the
parties a liability that under the agreement is imposed on the other: see the Agricultural Holdings Act 1986 s 7(3). Where the
written agreement contains terms that are inconsistent with the prescribed provisions, either party may refer the matter to
arbitration provided that a notice requesting the variation of the terms has been served and no agreement has been reached: see
the Agricultural Holdings Act 1986 s 8(1),(2). As to fixed equipment generally, see Paragraphs 320 [2061] and 321 [2062] ante.
[3504]
118
Notice of intention to refer the terms of a tenancy to arbitration where no written agreement has been entered
into after a request1
AGRICULTURAL HOLDINGS ACT 1986 SECTION 6
NOTICE OF INTENTION TO REFER TERMS TO ARBITRATION

To:
of:

(address)

WHEREAS following my request to you dated (date of request) to enter into [a written agreement embodying all the
terms of the tenancy between us in accordance with the Agricultural Holdings Act 1986, Schedule 1 (or) an agreement,
supplemental to the tenancy agreement between us dated (date of agreement) in respect of the above holding,
containing provision for certain matters specified in the Agricultural Holdings Act 1986, Schedule 1 but not provided
for in the tenancy agreement] no [supplemental] agreement has been concluded
NOW I, (name of tenant or name of landlord) of (address), GIVE YOU NOTICE under the Agricultural Holdings Act
1986 section 6 that I require that the terms of the tenancy be referred to arbitration under that Act.
Dated:
Signed:
Reference of the terms of a tenancy to arbitration must be preceded by a request to enter into a written agreement (for which see
Form 116 [3501] ante) or a request for the terms of a written agreement to be supplemented (for which see Form 117 [3503]
ante), following which no agreement has been reached between the parties: see the Agricultural Holdings Act 1986 s 6(1) (1
Halsburys Statutes (4th Edn) AGRICULTURE). This notice may be sent with a letter giving the names of suggested arbitrators. If
there is a written tenancy agreement, any relevant arbitration clause must be borne in mind, particularly the method of appointing
arbitrators. As to the right to written terms, see Paragraphs 316 [2043]319 [2046] ante.
[3505]
119
Request to vary the terms of a tenancy agreement to comply with the model clauses relating to maintenance etc
of fixed equipment1
REQUEST TO VARY TERMS OF TENANCY

To:
of:

(address)

WHEREAS the tenancy agreement between us dated (date) in respect of the above holding effects substantial
modifications in the operation of the regulations prescribed by the [Minister of Agriculture Fisheries and Food (or)
Secretary of State]2 under the Agricultural Holdings Act 1986 section 7(1) relating to the maintenance repair and
insurance of fixed equipment
[3506]
NOW I, (name of tenant or name of landlord) of (address), REQUEST YOU to vary the tenancy agreement so that it
complies with the provisions of those regulations 3.
Dated:
Signed:
1
This Form is for use where the tenancy agreement contains provisions that are inconsistent with any regulations made pursuant
to the Agricultural Holdings Act 1986 s 7(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). If no agreement is reached
between the parties, the party requiring the variation may refer the matter to arbitration: see the Agricultural Holdings Act 1986 s
8(1),(2). For notice of reference to arbitration, see Form 120 [3508] post. As to fixed equipment, see Paragraphs 320 [2061] and
321 [2062] ante.
The regulations are prescribed in England by the Minister of Agriculture, Fisheries and Food and in Wales by the Secretary of
State: see the Agricultural Holdings Act 1986 s 9(1).
The prescribed regulations currently in force are the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment)
Regulations 1973/1473 as amended by SI 1988/281.
[3507]
120
Notice of reference of the terms of an existing agreement to arbitration on failure to agree variation of terms to
comply with the model clauses relating to fixed equipment 1
NOTICE OF REFERENCE TO ARBITRATION

To:
of:

(address)

WHEREAS no agreement has been reached between us following my request to you dated (date of request) to vary the
tenancy agreement between us dated (date of agreement) in respect of the above holding so that it complies with the
provisions of the prescribed regulations relating to maintenance repair and insurance of fixed equipment
NOW I, (name of tenant or name of landlord) of (address), GIVE YOU NOTICE under the Agricultural Holdings Act
1986 sections 8(1) and 8(2) that I refer to arbitration under that Act the terms of the tenancy between us with respect to
the maintenance repair and insurance of fixed equipment.
Dated:
Signed:
1
This Form is for use where the party requiring arbitration has requested the other party to vary the terms of the tenancy
agreement so that they comply with the provisions of the model clauses and no agreement has been reached between the parties.
For the form of request to vary, see Form 119 [3506] ante. If the arbitrator varies any terms of the agreement and he considers it
appropriate, he may vary the rent payable: see the Agricultural Holdings Act 1986 s 8(4) (1 Halsburys Statutes (4th Edn)
AGRICULTURE). Particular arbitrators may be suggested. Where there has been a reference to arbitration under the Agricultural
Holdings Act 1986 s 8, no further such reference relating to that tenancy may be made for 3 years from the coming into effect of
the award of the arbitrator on the previous reference: see the Agricultural Holdings Act 1986 s 8(6). As to fixed equipment, see
[3508]
121
Request to landlord to provide, alter or repair fixed equipment 1
REQUEST TO [PROVIDE (or) ALTER (or) REPAIR] FIXED EQUIPMENT

To:
of:
(name of landlord)
(address)

[3509]
Pursuant to the provisions of the Agricultural Holdings Act 1986 section 11, I (name of tenant) of (address), REQUEST
YOU to [provide (or) alter (or) repair] the fixed equipment particulars of which are set out in the schedule below.
Dated:
SCHEDULE
(describe work in sufficient detail to enable landlord to know what is required of him)
Signed:
1
An agricultural land tribunal will not direct the landlord to carry out the work under the Agricultural Holdings Act 1986 s 11 (1
Halsburys Statutes (4th Edn) AGRICULTURE) unless, inter alia, the tenant has served the landlord with a request in writing and
the landlord has either refused to do the work in question or has not agreed to do it within a reasonable time: see the Agricultural
Holdings Act 1986 s 11(3)(b). As to fixed equipment, see Paragraphs 320 [2061] and 321 [2062] ante.
[3510]
122
Notice of requirement for arbitration of a claim against the landlord on transfer to the tenant of liability for
maintenance or repair of fixed equipment 1
NOTICE REQUIRING ARBITRATION OF CLAIM

To:
of:
(name of landlord)
(address)

WHEREAS by virtue of the Agricultural Holdings Act 1986 section [6 (or) 7 (or) 8] liability for the maintenance or
repair of the item[s] of fixed equipment mentioned in the schedule to this notice has been transferred with effect from
(date of transfer) from you to me under the [agreement between us (or) award of (name of arbitrator) made on (date of
award)]
[3511]
NOW I, (name of tenant) of (address), REQUIRE that my claim in respect of your previous failure to discharge such
liability be referred to and determined by arbitration under the Agricultural Holdings Act 1986
Dated:
SCHEDULE
(state item(s) of fixed equipment the liability for maintenance of which is transferred to the tenant)
Signed:
1
Reference to arbitration of a claim on transfer of liability for fixed equipment must be made within the prescribed time limit: see
the Agricultural Holdings Act 1986 s 9(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The time limit is one month from
the date on which the transfer of liability takes effect: see the Agriculture (Miscellaneous Time Limits) Regulations 1959/171 reg
2(3). As to fixed equipment, see Paragraphs 320 [2061] and 321 [2062] ante.
[3512]
123
Notice of requirement for arbitration of the amount of compensation payable by the tenant on transfer of
liability for maintenance or repair of fixed equipment to the landlord 1
REQUEST FOR ARBITRATION OF COMPENSATION

To:
of:
(name of tenant)
(address)

WHEREAS by virtue of the Agricultural Holdings Act 1986 section [6 (or) 7 (or) 8] liability for the maintenance or
repair of the item[s] of fixed equipment mentioned in the schedule to this notice has been transferred with effect from
(date of transfer) from you to me under the [agreement between us (or) award of (name of arbitrator) made on (date of
award)]
NOW I, (name of landlord) of (address), REQUIRE, under the Agricultural Holdings Act 1986 section 9(1), that the
amount of compensation2 due from you in respect of your liability up to the date of transfer as above be determined by
arbitration under the Agricultural Holdings Act 1986 and paid by you to me in accordance with the provisions of the
Agricultural Holdings Act 1986 sections 9(1) and 9(2).
[3513]
Dated:
SCHEDULE
(item(s) of fixed equipment liability for maintenance of which is transferred to the landlord
Signed:
1
Reference to arbitration of a claim for compensation on transfer of liability for fixed equipment must be made within the
prescribed time limit: see the Agricultural Holdings Act 1986 s 9(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The time
limit is one month from the date on which the transfer of liability takes effect: see the Agriculture (Miscellaneous Time Limits)
Regulations 1959/171 reg 2(2). As to fixed equipment, see Paragraphs 320 [2061] and 321 [2062] ante.
Ie the compensation that would have been payable under the Agricultural Holdings Act 1986 s 71(1),(3) in respect of any
previous failure by the tenant to discharge his liability in accordance with the Agricultural Holdings Act 1986 s 9(1) if he had
quitted the holding on the termination of his tenancy at the date on which the transfer takes effect: see the Agricultural Holdings
Act 1986 s 9(2).
[3514]
124
Notice requesting and specifying repairs to be effected by the tenant1
AGRICULTURAL HOLDINGS ACT 1986
AGRICULTURE (MAINTENANCE, REPAIR AND INSURANCE OF FIXED EQUIPMENT) REGULATIONS
1973
NOTICE TO EFFECT REPAIRS
To:
of:
(name of tenant)
(address)

TAKE NOTICE that:
1
I, (name of landlord) of (address), request you, pursuant to the regulations made under the Agricultural
Holdings Act 1986 for the maintenance repair and insurance of fixed equipment 2, to execute the repair[s] for
which you are liable as specified in those regulations and set out in the schedule to this notice.
I call on you to execute such repair[s].
If you fail to carry out any such repair[s] within three months from the date of service of this notice I shall
exercise my right under the regulations to enter and execute such repair[s] and recover from you immediately
the reasonable cost of such repair[s] incurred by me.
[3515]
Dated:
SCHEDULE
(state item(s) for repair of which tenant is liable, and the necessary repair)
Signed:
1
This notice is not a notice to remedy a breach of any term or condition of the tenancy failure to comply with which would entitle
the landlord to serve a notice to quit under the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case D (1 Halsburys Statutes
(4th Edn) AGRICULTURE). If this notice is not complied with, however, the landlord may do the work himself and recover the
reasonable cost incurred by him from the tenant: see the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment)
Regulations 1973/1473 reg 3, Schedule para 4(2) (see Form 102 at [3053] ante). If the tenant wishes to dispute his liability, he
should serve a counter-notice on the landlord within one month, specifying the grounds on which and the items in respect of
which he denies liability: see the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 reg 3,
Schedule para 4(3)(a). For a counter-notice, see Form 125 [3517] post.
The regulations are prescribed in England by the Minister of Agriculture, Fisheries and Food and in Wales by the Secretary of
State under the Agricultural Holdings Act 1986 s 7(1): see the Agricultural Holdings Act 1986 s 9(1). The current regulations are
the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473 as amended by SI 1988/281.
This notice applies only to repairs for which the tenant is liable under the Agriculture (Maintenance, Repair and Insurance of
Fixed Equipment) Regulations 1973 reg 3, Schedule paras 58: see the Agriculture (Maintenance, Repair and Insurance of Fixed
Equipment) Regulations 1973 reg 3, Schedule para 4(2). The tenancy agreement may, however, have imposed the liability for
some of these items on the landlord in which case the tenancy agreement prevails unless the terms of the tenancy agreement have
been varied by an arbitrator under the Agricultural Holdings Act 1986 ss 7 or 8.
[3516]
125
Counter-notice requiring the question of the tenants liability to execute repairs or replacements to be
determined by arbitration1
1973
COUNTER-NOTICE REQUIRING ARBITRATION OF LIABILITY TO REPAIR
To:
of:
(name of landlord)
(address)

WHEREAS I have received from you notice dated (date of notice) specifying repairs or replacements and calling on me
to execute such repairs or replacements
TAKE NOTICE that
I, (name of tenant) of (address), wish to contest my liability to execute such of those items of repair or
replacement as are set out in the schedule below on the grounds set out in that schedule; and
I require the question of my liability to execute such items of repair or replacement to be determined by
arbitration under the provisions of the Agricultural Holdings Act 1986 2.
[3517]
Dated:
SCHEDULE
(items of repair or replacement in respect of which, and the grounds on which, the tenant denies liability)
Signed:
1
This counter-notice must be served within one month of the tenants receipt of the landlords notice, for which see Form 124
[3515] ante. It must specify the grounds on which and the items of repair or replacement in respect of which he denies liability
and require the question of liability to be determined by arbitration: see the Agriculture (Maintenance, Repair and Insurance of
Fixed Equipment) Regulations 1973/1473 reg 3, Schedule para 4(3)(a) (see Form 102 at [3054] ante). On service of this counternotice on the landlord, the operation of the landlords notice (including the running of time under it) is suspended until the date
on which the arbitrators award is delivered to the tenant: see the Agriculture (Maintenance, Repair and Insurance of Fixed
Equipment) Regulations 1973 reg 3, Schedule paras 4(3)(b),(c).
Ie the Agricultural Holdings Act 1986 ss 7(2), 8(1),(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[3518]
126
Notice requesting and specifying repairs to be effected by the landlord1
1973
NOTICE REQUESTING REPAIRS
To:
of:
(name of landlord)
(address)

TAKE NOTICE that:
1
I, (name of tenant) of (address), request you, pursuant to the regulations made under the Agricultural
Holdings Act 1986 for the maintenance repair and insurance of fixed equipment, to execute the repairs or
replacements for which you are liable as [specified in the regulations and]2 set out in the schedule to this
notice.
I call on you to execute such repairs or replacements.
If you fail to carry out any such repairs or replacements within three months from the date of service of this
notice I shall exercise my right under the above regulations to execute any such repairs or replacements and
recover from you immediately the reasonable cost incurred by me, except to the extent if any to which I am
liable to bear the cost under the terms of the above regulations 3.
[3519]
Dated:
SCHEDULE
(state the items of repair or replacement for which the landlord is liable, and specify the necessary work)
Signed:
1
Ie under the Agricultural Holdings Act 1986 s 7 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
If this Form is used where the landlords liability for repairs or replacements arises from the tenancy agreement and not from the
regulations, the words specified in the regulations and should not be included. The regulations currently in force are the
Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473 as amended by SI 1988/281 (see
Form 102 [3051] ante).
If the landlord fails to execute the specified repairs within 3 months from his receipt of the notice, the tenant may execute them
himself and recover the reasonable cost incurred (subject to the Agriculture (Maintenance, Repair and Insurance of Fixed
Equipment) Regulations 1973 reg 3, Schedule Pt I) from the landlord forthwith: see ibid reg 3, Schedule para 12(1),(2) as
substituted by SI 1988/281.
If the landlord fails to execute any replacements that are his liability within 3 months of receipt of the notice, the tenant
may execute the replacements himself and recover the reasonable cost incurred (subject to the Agriculture (Maintenance, Repair
and Insurance of Fixed Equipment) Regulations 1973 reg 3, Schedule Pt I) from the landlord except that the tenant may not
recover in any one year of the tenancy terminating after 24 March 1988 any sum in excess of either a sum equal to the rent of the
holding for that year or 2,000 whichever is the smaller: see ibid reg 3, Schedule para 12(3),(4) as substituted.
If the landlord fails to serve a counter notice, at the end of the 3-month period he loses the right to undertake the repair
work himself and from that date the tenants right to do the work himself and recover the costs from the landlord becomes
vested: Hammond v Allen (1992) Times, 21 July.
If the landlord wishes to contest liability, he should serve a counter-notice: see the Agriculture (Maintenance, Repair and
Insurance of Fixed Equipment) Regulations 1973 reg 3, Schedule para 12(5)(a) as substituted. For a counter-notice requesting
arbitration, see Form 127 [3521] post.
As to a tenants limited right of recovery against a landlord where the Agriculture (Maintenance, Repair and Insurance of
Fixed Equipment) Regulations 1973 apply, see Grayless v Watkinson [1990] 21 EG 163, CA.
[3520]
127
Counter-notice requesting question of the landlords liability for repairs or replacements to be determined by
arbitration1
1973
COUNTER-NOTICE REQUESTING ARBITRATION OF LIABILITY TO REPAIR
To:
of:
(name of tenant)
(address)

WHEREAS I have received from you notice2 dated (date of notice) specifying repairs and replacements and calling on
me to execute such repairs and replacements
[3521]
TAKE NOTICE that:
1
I, (name of landlord) of (address), wish to contest my liability to execute such of those items of repair and
replacement as are set out in the schedule below on the grounds set out in that schedule; and
I require the question of my liability to execute such items of repair and replacement to be determined by
arbitration under the provisions of the Agricultural Holdings Act 1986.
Dated:
SCHEDULE
(state items of repair and replacement in respect of which landlord denies liability, and grounds for denial
of liability)
Signed:
1
Ie under the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473 reg 3, Schedule para
12(5)(a) as substituted by SI 1988/281 (see Form 102 at [3060] ante). This counter-notice must be served within one month of
the landlords receipt of the tenants notice, for which see Form 126 [3519] ante. It must specify the grounds on which and the
items of repair or replacement in respect of which he denies liability and require the question of liability to be determined by
arbitration: see the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473 reg 3, Schedule
para 12(5)(a) as substituted by SI 1988/281 (see Form 102 at [3060] ante). On service of this counter-notice on the tenant, the
operation of the tenants notice (including the running of time under it) is suspended until the date on which the arbitrators
award is delivered to the landlord: see the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations
1973 reg 3, Schedule paras 12(5)(b)(d) as substituted by SI 1988/281.
For the tenants notice, see Form 126 [3519] ante.
[3522]
128
Notice requiring the question of whether an item of fixed equipment is or was redundant to the farming of the
holding to be determined by arbitration1
1973
NOTICE REQUIRING ARBITRATION OF QUESTION WHETHER EQUIPMENT IS REDUNDANT
To:
of:

(address)

WHEREAS I am of the opinion that the item of fixed equipment described in the schedule to this notice [is (or) was
before it was [damaged (or) destroyed] by fire on (date)] redundant to the farming of the holding
[3523]
TAKE NOTICE that:
1
I, (name of tenant or name of landlord) of (address), require the question of whether such item of fixed
equipment [is (or) was before it was [damaged (or) destroyed] by fire] redundant to the farming of the
holding to be agreed between us in writing within two months of the date of service on you of this notice; and
if no agreement is reached between us, I require the question to be determined by arbitration under the
provisions of the Agricultural Holdings Act 1986.
Dated:
SCHEDULE
(item of fixed equipment considered to be redundant)
Signed:
1
Ie under the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473 reg 3, Schedule para
13 (see Form 102 at [3061] ante). As to fixed equipment, see Paragraphs 320 [2061] and 321 [2062] ante.
[3524]
129
Agreement that specified fixed equipment is obsolete or redundant1
1973
AGREEMENT THAT EQUIPMENT IS [OBSOLETE (or) REDUNDANT]
WE, (name of landlord) of (address) and (name of tenant) of (address), landlord and tenant respectively of the above
holding agree that the item[s] of fixed equipment specified in the schedule below [is (or) are] [obsolete (or) redundant]
and that neither of us is to be liable to maintain repair or insure [it (or) them].
Dated:
SCHEDULE
(specify fixed equipment considered to be obsolete or redundant)
Signed:
1
A landlord and tenant may agree in writing that any item of fixed equipment is obsolete or redundant and that neither need repair
or insure it: see the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973/1473 reg 3, Schedule
para 14(1) (see Form 102 at [3062] ante). In default of agreement as to whether or not equipment is redundant, either party may
require arbitration under the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 reg 3,
Schedule para 13(1): ibid reg 3, Schedule para 14(1). For a notice requiring the question to be arbitrated, see Form 128 [3523]
ante. As to fixed equipment, see Paragraphs 320 [2061] and 321 [2062] ante.
[3525]
130
Notice of demand for arbitration of rent payable1
NOTICE OF DEMAND FOR ARBITRATION OF RENT

To:
of:

(address)

TAKE NOTICE that pursuant to the Agricultural Holdings Act 1986 section 12, I, (name of tenant or name of landlord)
of (address), DEMAND that the rent to be payable in respect of the above holding as from the next termination date as
defined in the Agricultural Holdings Act 19862 be referred to arbitration3.
[3526]
This notice is given without prejudice to any other notice or act in connection with the tenancy that has been or may
after the date of this notice be given or done by me or on behalf of me or any other interested party.
Dated:
Signed:
1
2
Any demand for reference of rent to arbitration must be made by a notice in writing: see the Agricultural Holdings Act 1986 s
12(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to arbitration of rent, see Paragraphs 334 [2116]342 [2125] ante.
Ie the next day following the date of the demand on which the tenancy of the holding could have been determined by notice to
quit given at the date of the demand: see the Agricultural Holdings Act 1986 s 12(4).
For a form of appointment of an arbitrator by agreement, see Form 141 [3583] post. For a form of application to the President of
the Royal Institution of Chartered Surveyors for the appointment of an arbitrator, see Form 143 [3589] post.
[3527]
131
Memorandum of agreed increased rent, to be endorsed on a tenancy agreement 1
MEMORANDUM
(description of holding)
In consideration of [the within-named landlord (or) (name of landlord)] of the above holding undertaking not to refer
the question of rent to be payable for the above holding in respect of the period prior to (date)2 to arbitration under the
Agricultural Holdings Act 1986 section 12, [the within-named tenant (or) (name of tenant)] of the above holding agrees
that:
1
the rent payable in respect of the above holding (including all existing increases in respect of improvements
or otherwise) as from (date increase to take effect) is to be , which is to be payable in the same
way as the present rent of the above holding;
[2
the proviso for re-entry contained in the within-written tenancy agreement relating to the above holding is to
be exercisable in respect of non-payment of the increased rent or any part of it;] and
in consideration of the above matters all the terms and conditions of the within-written tenancy agreement
varied as above are to remain in full force and effect.
[3528]
1
As to stamp duty, see Information Binder: Stamp Duties [1]: Table of duties (Lease or Tack). Unlike a memorandum of rent
review, this memorandum will amount to a variation of a lease and is chargeable with lease duty on the additional rent payable:
see the Stamp Act 1891 s 77(5) (41 Halsburys Statutes (4th Edn) STAMP DUTIES) and Gable Construction Co Ltd v IRC [1968]
2 All ER 968, [1968] 1 WLR 1426). For a form of notice of demand for arbitration as to rent, see Form 130 [3526] ante. As to
arbitration of rent, see Paragraphs 334 [2116]342 [2125] ante.
This date must be such that the next termination date following this date is at least 3 years from the date on which the increase is
stated to take effect in the memorandum. If it is not, there is no consideration passing from the landlord to the tenant because the
landlord cannot in any event serve an effective demand for arbitration if the next termination date following the demand falls
earlier than 3 years from, inter alia, the date of the previous increase in rent ie the date specified in the memorandum on which
the increase is to take effect: see the Agricultural Holdings Act 1986, Sch 2 para 4(1) (1 Halsburys Statutes (4th Edn)
AGRICULTURE). Termination date means the next day following the date of the demand on which the tenancy of the holding
could have been determined by notice to quit given at the date of the demand: see the Agricultural Holdings Act 1986 s 12(4).
[3529]
132
Notice requiring increase of rent on completion by the landlord of improvements 1
NOTICE REQUIRING INCREASE OF RENT FOR IMPROVEMENTS

To:
of:
(name of tenant)
(address)

TAKE NOTICE that under the Agricultural Holdings Act 1986 section 13, I, (name of landlord) of (address), require
that the rent of the above holding be increased from (date of increase), being the date of completion of the
improvement[s] specified in the schedule below, by an amount equal to the increase in the rental value of the above
holding attributable to the carrying out of the improvement[s], namely the sum of per year.
[3530]
The Agricultural Holdings Act 1986 section 13(7) provides that where the parties do not agree on the amount of the
proposed increase of rent the dispute must be determined by arbitration under that Act 2.
Dated:
SCHEDULE
(short description of improvement(s) and the date when each was completed)
Signed:
1
A rent increase may be claimed in respect of an improvement carried out by a landlord, even though he may also be entitled to
compensation for the same, provided the improvement is within the Agricultural Holdings Act 1986 s 13(2) (1 Halsburys
Statutes (4th Edn) AGRICULTURE): see ibid s 13(1),(8). The notice must be served within six months of the completion of the
improvement: see the Agricultural Holdings Act 1986 s 13(1). As to increases in rent for landlords improvements, see
Paragraphs 343 [2141]347 [2146] ante.
For a form of appointment of an arbitrator by agreement, see Form 141 [3583] post.
[3531]
133
Memorandum of agreed increased rent in respect of improvements, to be endorsed on a tenancy agreement 1
MEMORANDUM
In consideration of [the within-named landlord (or) (name of landlord)] having carried out in agreement with [the
within-named tenant (or) (name of tenant)] on the above holding the improvement[s] specified in the schedule below, it
has been agreed between them that:
1
the rent payable in respect of the above holding with effect from (date improvements completed) is to be
increased to per year;
this increase of rent is to operate by virtue of the Agricultural Holdings Act 1986 section 13;
the proviso for re-entry contained in the within-written tenancy agreement is to be exercisable in respect of
non-payment of the increased rent or any part of it; and
[3532]
4
in consideration of the above matters all the terms and conditions of the within-written tenancy agreement
varied as above are to remain in full force and effect.
SCHEDULE
(specify improvement(s) carried out by landlord)
1
As to stamp duty, see Information Binder: Stamp Duties [1]: Table of stamp duties (Lease or Tack). Unlike a memorandum of
rent review, this memorandum will amount to a variation of a lease and is chargeable with lease duty on the additional rent
payable: see the Stamp Act 1891 s 77(5) (41 Halsburys Statutes (4th Edn) STAMP DUTIES) and Gable Construction Co Ltd v
IRC [1968] 2 All ER 968, [1968] 1 WLR 1426). A rent increase may be claimed in respect of an improvement carried out by a
landlord, even though he may also be entitled to compensation for the same, provided the improvement is within the Agricultural
Holdings Act 1986 s 13(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE): see ibid s 13(1),(8). As to increases in rent for
improvements, Paragraphs 343 [2141]347 [2146] ante.
[3533]
134
Notice of demand for arbitration of the question whether it is expedient to vary the terms of the tenancy relating
to permanent pasture1
NOTICE REQUIRING ARBITRATION OF VARIATION OF TERMS

To:
of:

(address)

WHEREAS under the contract for tenancy in respect of the above holding between us made (date of tenancy
agreement) provision is made for the maintenance of [specified land (or) a specified proportion of the above holding]
as permanent pasture
[3534]
NOW I (name of tenant or name of landlord) of (address) GIVE YOU NOTICE under the Agricultural Holdings Act
1986 section 14 that I demand a reference to arbitration under that Act of the question whether it is expedient in order
to secure the full and efficient farming of the above holding that the area of land required to be maintained as
permanent pasture should be reduced.
Dated:
Signed:
1
This notice may be accompanied by a letter specifying suggested arbitrators. If there is a written tenancy agreement in existence
any relevant arbitration clause must be kept in mind, particularly any specified method of appointing an arbitrator.
[3535]
135
Tenants notice of intention to remove fixtures or buildings1
NOTICE OF INTENTION TO REMOVE FIXTURES AND/OR BUILDINGS

To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), give you notice under the Agricultural Holdings Act 1986 section 10 that I intend to
exercise my rights under that section to remove the [fixture[s]] [and] [building[s]] specified in the schedule to this
notice
[3536]
Dated:
SCHEDULE
(specify fixtures and/or buildings the tenant intends to remove)
Signed:
1
This notice must be served at least one month before both the exercise of the right and the termination of the tenancy, and the
tenant must have paid all rent owed by him and performed or satisfied all his other obligations to the landlord in respect of the
holding: see the Agricultural Holdings Act 1986 s 10(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE). Subject to the
provisions of the Agricultural Holdings Act 1986 s 10(2), and to any counter-notice served by the landlord under ibid s 10(4), the
fixtures and buildings specified in this notice remain the tenants property and are removable by him at any time during the
continuance of the tenancy or before the expiry of 2 months from its termination: see the Agricultural Holdings Act 1986 s 10(1).
As to the tenants right to remove fixtures or buildings, see Paragraph 326 [2091]328 [2093] ante. For a landlords counternotice electing to purchase, see Form 136 [3538] post.
[3537]
136
Landlords counter-notice electing to purchase fixtures and buildings the tenant has given notice of his intention
to remove1
COUNTER-NOTICE ELECTING TO PURCHASE FIXTURES AND/OR BUILDINGS

To:
of:
(name of tenant)
(address)

With reference to your notice to me dated (date) under the Agricultural Holdings Act 1986 section 10 of your intention
to remove the [fixture[s]] [and] [building[s]] specified in your notice
NOW I, (name of landlord) of (address), GIVE YOU COUNTER-NOTICE under the Agricultural Holdings Act 1986
section 10(4) that I elect to purchase at the fair value to an incoming tenant the [fixture[s]] [and] [building[s]] specified
in your notice and described in the schedule below
Dated:
SCHEDULE
(specify fixtures and/or buildings, specified in the tenants notice, that the landlord intends to purchase)
Signed:
1
This counter-notice must be given before the expiration of the tenants notice: see the Agricultural Holdings Act 1986 s 10(4) (1
Halsburys Statutes (4th Edn) AGRICULTURE). For the tenants notice of intention to remove buildings and/or fixtures, see Form
135 [3536] ante.
[3538]
137
Notice of change of landlord1
NOTICE OF CHANGE OF LANDLORD

To:
of:
(name of tenant)
(address)

TAKE NOTICE, pursuant to the Agricultural Holdings Act 1986, as follows:
As from (date) I, (name of original landlord)2 of (address), [will cease (or) ceased] to be entitled to receive
the rents and profits of the above holding.
1
[3539]
2
3
As from that date the person[s] entitled to receive the rents and profits of the above holding [is (or) are]:
(name(s) of new landlord) of (address(es)) (the New Landlord).
Accordingly, all notices or other documents required to be served on the landlord with regard to the above
holding should as from the date [mentioned above (or) of this notice] be served on the New Landlord and the
rent due from you for the period up to (date) should be paid to the New Landlord.
Dated:
Signed:
(signature of original landlord)
1
2
Unless or until the tenant receives notice of the change of landlord, any notice or other document may be served on or delivered
on the original landlord: see the Agricultural Holdings Act 1986 s 93(5) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
It is desirable that this notice should be given by the original landlord, but there may be cases where it has to be given by the new
landlord. If so, it may be suitably amended.
[3540]
138
Agreement to pay off arrears of rent in instalments1
THIS DEED2 made the day of BETWEEN:
(1)
(name of landlord) of (address) (the Landlord) and
(2)
(name of tenant) of (address) (the Tenant)
WITNESSES as follows:
Recitals
1.1
This deed is supplemental to an agreement dated (date of original tenancy agreement) and made between (1)
the Landlord and (2) the Tenant (the Tenancy).
1.2
The Tenant holds the property known as (describe the holding) under the Tenancy as yearly tenant and is
substantially in arrears with the payments of rent under the Tenancy.
1.3
For the avoidance of litigation the Landlord and the Tenant have agreed to amend the Tenancy in the manner
set out below.
[3541]
Rent
The rent due under the Tenancy from the date of this agreement is to be the sum of:
2.1
per year, which is to continue at the same yearly sum until such time as a different rent is substituted
either by arbitration under the provisions of the Agricultural Holdings Act 1986 or by agreement 3, and
2.2
(arrears of rent) payable in full on (date).
Payment of rent
3.1
The rent reserved by sub-clause 2.1 above is to be payable in equal monthly instalments of on the
[first] day in every month beginning with (date)4.
3.2
If the sum referred to in sub-clause 2.2 above is not paid on the date specified in that sub-clause it is to carry
interest at the yearly rate of % above the base rate from time to time charged by (name of bank):
provided that if the Tenant pays to the Landlord per month on the [first] day in each month
beginning with (date of first payment) and ending with (date of last payment) then the Landlord will not
request payment of the rent reserved under sub-clause 2.2 above or any interest on it 5.
3.3
Time is to be of the essence in sub-clause 3.2 of this deed6.
The Tenancy
4.1
Clause (number of rent clause) of the Tenancy is to cease to have effect and the Landlord releases and
waives all claims he has under that clause7.
4.2
Save as expressly mentioned in this deed the Tenancy is to continue with full force and effect 8
IN WITNESS etc (see vol 12 (1994 Reissue) DEEDS, AGREEMENTS AND DECLARATIONS)
(signatures (or common seals) of the parties)9
(signatures of witnesses)
[3542]
1
This Form is based on a precedent prepared by M J R Wear, LLB, Solicitor, and may be used when substantial arrears of rent
have accrued and the tenant is to be given the opportunity of paying them off by instalments. The approach has been to reserve
as rent under the original tenancy all of the arrears in a lump sum and then provide that payment of the lump sum is not to be
requested if payment of the instalments is kept up. The significance of this is that any default in the instalments means that the
landlord may levy distress in respect of the whole rent without breaching the restriction in the Agricultural Holdings Act 1986 s
16 (1 Halsburys Statutes (4th Edn) AGRICULTURE) that only one years rent may be distrained for. Obviously, the distress must
be levied within a year of default in the instalments. Note that this clause means that time starts running afresh for any rent
review under the Agricultural Holdings Act 1986 s 12.
It is preferable for a variation of this nature to be made by instrument executed as a deed even though the original tenancy may
not have been executed as a deed.
This clause should repeat the rent clause of the original tenancy as the old rent will continue to be payable.
This clause provides for monthly payment of the old rent on a day which may, but need not be, the same day as that specified for
payment of each instalment under sub-clause 3.2 [3542].
This clause provides for the payment of interest on the full amount of the arrears reserved by sub-clause 2.2 [3542] but gives the
possibility of payment in instalments. Note that this clause means that time starts running afresh for any demand for arbitration
of rent under the Agricultural Holdings Act 1986 s 12: see the Agricultural Holdings Act 1986, Sch 2 para 4(1)(b). As to
frequency of arbitration, see Paragraph 340 [2123] ante.
This clause allows the Landlord to demand the full amount of the arrears if there is any delay in the payment of instalments
under sub-clause 3.2 [3542].
This deletes the rent clause in the original tenancy.
This continues the operation of all the other provisions in the original tenancy regarding the new rent, eg the forfeiture clause.
As to the statutory requirements for valid execution of a deed, see vol 12 (1994 Reissue) DEEDS , AGREEMENTS AND
DECLARATIONS.
3
4
5
6
7
8
9
[3543][3560]
C: ARBITRATION
139
Checklist of matters relating to arbitration under the Agricultural Holdings Act 1986 1
Matters referable to arbitration under the 1986 Act2
1.1
Certain questions arising during the currency of the agricultural holding.
1.2
Any claim of whatsoever nature by the landlord or the tenant against the other arising:
1.2.1
under the Agricultural Holdings Act 1986 (the Act), or
1.2.2
under any custom or agreement,
on or out of the termination of the whole or part of tenancy 3 (subject to the provisions as to notice of claims 4
and the settlement of claims by agreement 5.
1.3
Common types of dispute referred to arbitration under the Act include 6:

1.3.1
securing a written tenancy agreement under section 6;
1.3.2
disputes as to the operation of section 2;
1.3.3
matters arising under the model clauses (section 7(2));
1.3.4
written agreement inconsistent with the model clauses under section 8(2);
1.3.5
rent revisions under sections 12 and 13;
1.3.6
damage by game under section 20;
1.3.7
notices to remedy and notices to quit under Cases A, B D or E of Schedule 3 of the Act;
1.3.8
terms of a tenancy on succession on death under section 48; and
1.3.9
all claims arising out of the termination of the tenancy under section 83.
[3561]
Appointment of arbitrator
2.1
The demand for arbitration, or whatever preliminary notice is required, must be served within any relevant
time limits7.
2.2
The arbitrator must be appointed in writing, by agreement if possible, within the time limit 8.
2.3
In default of agreement as to the appointment, either party may make a written application to the President of
the Royal Institution of Chartered Surveyors for the appointment of an arbitrator 9.
2.4
An appointment by the President of the Royal Institution of Chartered Surveyors must be made in writing 10
and becomes effective when the arbitrator accepts the appointment 11.
2.5
If an arbitrator fails to act for 7 days after receiving from either party a written notice 12 requiring him to do
so, a new arbitrator may be appointed as if no arbitrator had been appointed 13.
2.6
In the case of a rent review under section 12 and Schedule 2 of the Act, either the arbitrator must be
appointed by agreement before the date when the new rent will come into effect, or application for an
appointment by the President of the Royal Institution of Chartered Surveyors must be made before that
date14.
2.7
In the case of a notice to quit given for any of the reasons specifiel in Cases A, B, C, D or E of Schedule 3 of
the Act the arbitrator must be appointed within 3 months of the date of the demand for arbitration 15.
2.8
[3562]
In other cases there are no such time limits for the appointment 16.
Arbitration proceedings
3.1
Within 35 days17 of the appointment each party to the arbitration must submit a statement of his case with
particulars and relevant documents.
3.2
Except with the consent of the arbitrator, a partys case may not subsequently be amended 18.
3.3
All communications with the arbitrator should be formal, in writing and copied and simultaneously
dispatched to the other party, and a notice of the simultaneous dispatch should be recorded in all
correspondence with the arbitrator.
3.4
Although the 1986 Act makes no express provision for interlocutory matters, the arbitrator will often make
suitable interlocutory directions, eg for delivery of further and better particulars where appropriate 19.
3.5
[3563]
The arbitrator must fix the hearing date20.
The hearing
4.1
The Hearing must be strictly in compliance with the procedures adopted in a court case (adapted as
appropriate) eg the rules of evidence, the sequence of address, the calling of witnesses 21.
4.2
The party on whom the onus of proof lies (the plaintiff) should open his case by giving the opening
address22.
4.3
The plaintiffs witnesses may then be called.
4.4
The party defending may then cross-examine, and the plaintiff may then re-examine on matters with which
the witnesses cross-examination has already dealt23.
4.5
The defending party may then open, call witnesses, who are subject to cross-examination, and then close.
4.6
The final closing address is made by the party opening.
4.7
[3564]
The arbitrator should then close the case and may wish to make an inspection before making his award.
The award
5.1
The arbitrator must make his award within 56 days of the arbitrators appointment or such longer period as
the President of the Royal Institution of Chartered Surveyors may allow24.
5.2
The arbitrator will generally make provision as to costs in his award 25.
Reference to the courts by the parties
6.1
An arbitrators award may be set aside in one of the following circumstances:

6.1.1
where there is an error of law on the face of the award 26;
6.1.2
where the arbitrator has been guilty of misconduct 27; or
6.1.3
where the arbitration has been improperly procured28.
6.2
An application to the county court to have the award set aside on grounds described in sub-paragraph 6.1.1
above:
6.2.1
must be made within 21 days from the date of the award 29; and
6.2.2
should be made by originating application to the court for the district in which the holding or a
larger part of it is situated30.
The court may remit the award to the arbitrator or vary his award by substituting for the part containing the
error such award as the court thinks fit 31.
6.3
[3565]
The county court has power to remove an arbitrator guilty of misconduct and set aside his award 32.
2
3
4
5
6
7
8
9
10
11
12
13
In this Checklist, references to the 1986 Act are to the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn)
AGRICULTURE) and references to sections and Schedules are to the sections and Schedules of that Act unless otherwise stated.
As to arbitration, see Paragraphs 464 [2546]468 [2551] ante.
Whether a claim is made by the landlord or the tenant, they may, within the period of 8 months from the termination of the
tenancy, by agreement in writing settle the claim: see the Agricultural Holdings Act 1986 s 83(4).
Note that this is not an exhaustive list of matters referable to arbitration under the 1986 Act. The statutory method of settling
disputes applies notwithstanding any agreement to the contrary and the provisions of the Arbitration Act 1950 (1 Halsburys
Statutes (4th Edn) AGRICULTURE) are expressly excluded by the Agricultural Holdings Act 1986 s 84(1).
Any such requirements will depend upon the type of dispute in question: eg in respect of notices to do work and notices to quit,
see the Agricultural Holdings (Arbitration on Notices) Order 1987/710.
See the Agricultural Holdings Act 1986, Sch 11 para 1(1). For the form of appointment of an arbitrator, see Form 141 [3583]
post. See also sub-paragraphs 2.62.8 [3562] of this form.
Sclater v Horton [1954] 2 QB 1, [1954] 1 All ER 712, CA.
14
15
16

See the Agricultural Holdings (Arbitration on Notices) Order 1987.
Note, however, that in the event of undue delay there may be argument that the demand for arbitration has been rendered
unenforceable by waiver, estoppel or laches.
[3566]
17
18
19
20
See the Agricultural Holdings Act 1986, Sch 11 para 7. The period is 35 clear days and the time limit is mandatory and
inflexible.
See the Agricultural Holdings Act 1986, Sch 11 para 7(b).
See Kursell v Timber Operators & Contractors Ltd [1923] 2 KB 202 and the Agricultural Holdings Act 1986, Sch 11 para 8.
This will be fixed having regard to the requirement in the Agricultural Holdings Act 1986, Sch 11 para 14(1) for the award to be
delivered within 56 days of the date of the appointment of the arbitrator.
It is beyond the scope of this checklist to give the detailed rules as to the procedure of the arbitration and the rules governing the
hearing.
This should merely be an outline of the case.
No other matters may then be the subject of re-examination, except with leave of the arbitrator, which should rarely be given.
See the Agricultural Holdings Act 1986, Sch 11 para 14(1). The form of the award must be in accordance with the Agricultural
Holdings (Form of Award in Arbitration Proceedings) Order 1990/1472.
See the Agricultural Holdings Act 1986, Sch 11 paras 23, 24.
See the Agricultural Holdings Act 1986, Sch 11 para 27(2). Under the Agricultural Holdings Act 1986, Sch 11 para 26 the
arbitrator may, at any stage of the proceedings, and must upon a direction given by a county court judge upon an application
made by either party, state in the form of a special case for the opinion of the county court any question of law arising in the
course of the arbitration and any question as to the jurisdiction of the arbitrator.
See the County Court Rules 1981 Ord 44 r 3. The judge may give leave extending this time.
See the County Court Rules 1981 Ord 3 r 4.
21
22
23
24
25
26
27
28
29
30
31
32
[3567][3580]
140
Appointment of person to act as valuer and agent1
AGRICULTURE ACT 1947
ARBITRATION ACT 1950
APPOINTMENT OF AGENT
I, (name of landlord or name of tenant) of (address), APPOINT (name of valuer) of (address) AS MY VALUER AND
AGENT to ascertain, determine and agree on my behalf all matters and questions arising as between landlord and
tenant in respect of the above holding, whether arising under the above Acts or otherwise, with full power and authority
in case of disagreement to refer any such matters or questions to arbitration under any of the above Acts, and for such
purposes to nominate and appoint or to concur in the nomination and appointment of any person he may think fit as
single arbitrator, and in default of agreement to apply to the President of the Royal Institution of Chartered Surveyors to
appoint a single arbitrator, or take the necessary steps to obtain the appointment of an arbitrator by the court or
otherwise where necessary as the case may be, in accordance with the appropriate provisions of the above Acts, or any
of them, or any statutory modification or re-enactment of them for the time being in force or otherwise as the case may
be.
[3581]
I UNDERTAKE to confirm and allow any act, agreement, matter or thing done, made, suffered or allowed by him in
any such matters or questions.
I FURTHER AUTHORISE him to sign on my behalf and serve on the appropriate persons, and to accept service on my
behalf of, all notices, claims or other documents requisite for any of the above purposes 2.
Dated:

1
The Arbitration Act 1950 (2 Halsburys Statutes (4th Edn) ARBITRATION ) does not apply to any matter that is required to be
determined by arbitration in accordance with the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn)
AGRICULTURE): see the Agricultural Holdings Act 1986 s 84(1). As to arbitration generally, see Paragraph 464 [2546]468
[2551] ante.
Before risking service of any notices or particulars etc on an agent for the party to be served, it should first be ascertained that
such agent is duly authorised to accept service. If appointed in the terms of this Form, the agent would be so authorised, unless
and until the appointment is validly revoked.
[3582]
141
Appointment of an arbitrator by agreement1
APPOINTMENT OF ARBITRATOR
WE, (name of landlords valuer) of (address), valuer and agent for (name of landlord), the landlord of the above
holding, AND (name of tenants valuer) of (address), valuer and agent for (name of tenant), the tenant of the above
holding, APPOINT (name of arbitrator) of (address) as sole arbitrator under the Agricultural Holdings Act 1986 [to
determine, in accordance with the provisions of that Act, the rent to be paid for the above holding as from the next
ensuing date at which the tenancy could have been determined by notice to quit given by the [landlord (or) tenant] (or)
to settle and determine, in accordance with the provisions of that Act, all claims, questions and differences between the
landlord and the tenant of the above holding [as set out in the schedule to this appointment (or) arising under that Act,
or any previous Act concerning agricultural holdings, or any custom or agreement, and on or out of the termination of
the tenancy of the above holding or any part of it] (or as the case may be)]
Dated:
[3583]
[SCHEDULE
Short Particulars of Claims, Questions and Differences
1
Claims by tenant
(select as required from the following claims)

1.1
To be a tenant of the above holding from year to year by virtue of the Agricultural Holdings Act 1986 section
22.
1.2
For a written tenancy agreement.
1.3
For a tenancy agreement providing for all matters in the Agricultural Holdings Act 1986, Schedule 1.
1.4
For a variation of terms of the tenancy agreement with respect to maintenance repair and insurance of fixed
equipment.
1.5
For compensation on transfer of liability for maintenance or repair of fixed equipment.
1.6
For variation of terms of the tenancy agreement as to permanent pasture.
1.7
[3584]
For compensation for damage by game.
1.8
To determine the extent of the tenants liability to do the work specified in the landlords notice to do work
dated (date of notice to do work) pursuant to the Agricultural Holdings Act 1986, orders and regulations.
1.9
To determine all questions arising on the landlords notice to do work dated (date of notice to do work)
pursuant to the Agricultural Holdings Act 1986, orders and regulations.
1.10
To determine all questions arising out of the reasons stated in the notice to quit dated (date of notice to quit)
and served on the tenant by the landlord pursuant to the Agricultural Holdings Act 1986, orders and
regulations.
1.11
For a reduction in rent following notice to quit part of the holding.
1.12
For compensation for improvements.
1.13
For tenant-right compensation.
1.14
Continuous adoption of special system of farming.
1.15
[3585]
Disturbance compensation.
Claims by landlord
(select as required from the following)

2.1
That the tenant is not a tenant from year to year of the above land under the Agricultural Holdings Act 1986
section 2.
2.2
For a written tenancy agreement.
2.3
For a tenancy agreement providing for all matters in the Agricultural Holdings Act 1986, Schedule 1.
2.4
For variation of the terms of the tenancy agreement with respect to maintenance, repair and insurance of fixed
equipment.
2.5
For compensation on transfer of liability for maintenance or repair of fixed equipment.
2.6
For increase of rent for certain improvements.
2.7
Dilapidations.
2.8
Deterioration or damage.
2.9
General deterioration in value of holding.]
(signatures of both valuers)

1
See the Agricultural Holdings Act 1986 s 84 (1 Halsburys Statutes (4th Edn) AGRICULTURE). This Form is for use with regard
to matters specifically referred to arbitration by various provisions of the Agricultural Holdings Act 1986 and also for use in the
usual arbitration at the end of the tenancy for claims covered by the Agricultural Holdings Act 1986 s 83. Where there is any
doubt whether some particular matter is referred to arbitration under the Agricultural Holdings Act 1986, Form 142 [3687] post
may be used. As to arbitration generally, see Paragraph 464 [2546]468 [2551] ante.
See the Agricultural Holdings Act 1986 s 2(4). A dispute as to whether an agreement relating to agricultural land involves the
formation of an agricultural holding is not compulsorily referable to arbitration: Goldsack v Shore [1950] 1 KB 708, [1950] 1 All
ER 276, CA. However, a dispute as to how the Agricultural Holdings Act 1986 s 2 should be operated must be referred to
arbitration.
[3586]
142
Appointment by agreement of an arbitrator to determine all questions, including those not specifically referable
under the Agricultural Holdings Act 19861
AGRICULTURE ACT 1947
ARBITRATION ACT 1950
APPOINTMENT OF ARBITRATOR
WE, (name of landlords valuer) of (address), valuer and agent for (name of landlord) of (address), the landlord of the
above holding, AND (name of tenants valuer) of (address), valuer and agent for (name of tenant) of (address), the
tenant of the above holding, APPOINT (name of arbitrator) of (address) as sole arbitrator under the above Acts, or any
of them, to settle and determine all claims, questions and differences arising between the landlord and the tenant of the
above holding under the above Acts, or any of them, or any custom or agreement concerning the matters specified in
the schedule to this appointment.
[3587]
[WE AGREE that no objection is to be raised to the issue by the arbitrator of one award determining all matters so
referred to him, which is to be final and binding on the landlord and the tenant and the persons claiming under them
respectively in accordance with the above provisions.]2
WE UNDERTAKE AND AGREE to sign any further submissions, appointments or other documents and do any other
acts or things that may be required, in the opinion of the arbitrator, to empower him legally and effectively to hear settle
and determine the above matters or any of them.
Dated:
SCHEDULE
(insert general headings sufficient to cover the required types of claim)
(signatures of both valuers)
1
The Arbitration Act 1950 (2 Halsburys Statutes (4th Edn) ARBITRATION ) does not apply to any matter that is required to be
determined by arbitration in accordance with the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn)
AGRICULTURE): see the Agricultural Holdings Act 1986 s 84(1). As to arbitration generally, see Paragraph 464 [2546]468
[2551] ante.
If a single award is made, it is advisable to make it clear that it is made under the Agricultural Holdings Act 1986 and the
Arbitration Act 1950 and to set out clearly exactly what is awarded under each Act. Alternatively, two separate awards could be
made.
[3588]
143
Application to the President of the Royal Institution of Chartered Surveyors for appointment of an arbitrator to
settle a landlords claim for increase of rent on completion of improvements 1
APPLICATION FOR APPOINTMENT OF AN ARBITRATOR

To:
of:
The President of the Royal Institution of Chartered Surveyors 2

(address)
The landlord and the tenant having failed to agree 3 as to a person to act as arbitrator and there being no provision in any
agreement between them relating to the appointment of such arbitrator
[I (or) WE], (name of landlord and/or name of tenant) of (address(es)), APPLY to you to appoint an arbitrator for the
purpose of settling the claim of the landlord under the Agricultural Holdings Act 1986 section 13 for an increase in the
rent to be paid for the holding referred to in the schedule below on account of improvements carried out by him 4.
[3589]
Dated:
SCHEDULE
1
Name of holding: at in the County of
The landlord: (name) of (address)
The landlords agents (if any): (name) of (address), tel , fax , ref
The tenant: (name) of (address)
The tenants agents (if any): (name) of (address), tel , fax , ref
Approximate area of holding: hectares
Description of holding: mixed / arable / dairying / market garden
8
Has notice in writing requiring an increase in rent on account of improvements been given by the landlord or
the tenant?
[NO (or) YES on //]
[3590]
(signature of landlord and/or tenant)5
1
This Form is applicable only to appointment of an arbitrator in respect of a claim by the landlord for an increase in rent under the
Agricultural Holdings Act 1986 s 13 (1 Halsburys Statutes (4th Edn) AGRICULTURE) on account of improvements. As to
arbitration generally, see Paragraphs 464 [2546]468 [2551] ante.
See the Agricultural Holdings Act 1986 s 84, Sch 11 para 1. The application should be sent to the President with the prescribed
fee. For the address of the Royal Institution of Chartered Surveyors, see Information Binder: Addresses [1].
As to the words having failed to agree, see F R Evans (Leeds) Ltd v Webster (1962) 185 Estates Gazette 269. A party may apply
for the appointment of an arbitrator without having first asked the other party to agree on one.
Under the Agricultural Holdings Act 1986 s 84, Sch 11 para 7 the parties to the arbitration must, within 35 days from the
appointment of the arbitrator, deliver to him a statement of their respective cases with all necessary particulars. Such statements
cannot subsequently be amended, except with the arbitrators consent, and the parties are bound by them when the hearing takes
place.
The appointment will be expedited if the application is signed by or on behalf of both parties.
3
4
[3591]
144
Application to the President of the Royal Institution of Chartered Surveyors for the appointment of arbitrator to
settle the terms of a tenancy on succession1
APPLICATION FOR APPOINTMENT OF AN ARBITRATOR

To:
of:
The President of the Royal Institution of Chartered Surveyors 2

(address)
The landlord and the tenant3 having failed to agree 4 as to the person to act as arbitrator and there being no provision in
any agreement between them relating to the appointment of such arbitrator, I, (name of landlord or name of tenant) of
(address), APPLY to you to appoint an arbitrator for the purpose of settling the question[s] specified in the schedule
below5.
Dated:
[3592]
SCHEDULE
1 Name and address of holding:
2 The landlord:
(name)
of
(address)
3 The landlords agents (if any):
of
(address)
tel
(name)
fax
ref
4 The tenant:
(name)
of
(address)
5 The tenants agents (if any):
(name)
of
(address)
tel
fax
ref
6 Approximate area of holding:
hectares
7 Description of holding: mixed / arable / dairying / market garden

8 Name of the Agricultural Land Tribunal by which direction was given under the Agricultural Holdings Act 1986
section 396 in favour of the tenant in relation to a tenancy of the holding:
9 Date on which the Agricultural Land Tribunal gave such direction:
//
10 Date on which the tenancy commenced or is due to commence:
//
[3593]
11 Nature of the question[s] in respect of which arbitration is desired7:
As to what variations in the terms of the tenancy the tenant is entitled to, or has obtained by virtue of the
direction, are justifiable having regard to the circumstances of the holding and the length of time since the
holding was first let on those terms8 .
As to what rent should be, or should have been, properly payable in respect of the holding at the relevant
time9 (as defined by the Agricultural Holdings Act 1986 section 46(1),(2)) as such expression applies to the
tenancy.
12 Date on which the written notice demanding a reference to arbitration of the questions referred to in item 11 above
was served by the applicant on the other party:
//
1
The matters that may be referred to arbitration under the Agricultural Holdings Act 1986 s 48(3),(4) (1 Halsburys Statutes (4th
Edn) AGRICULTURE) where an eligible person is entitled to a new tenancy on the death of the tenant are: (1) what variations in
the terms of the tenancy are justifiable, and (2) the rent: see the Agricultural Holdings Act 1986 s 48(4).
See the Agricultural Holdings Act 1986 s 84, Sch 11. The application should be sent to the President with the prescribed fee. For
the address of the Royal Institution of Chartered Surveyors, see Information Binder: Addresses [1].
In this application tenant means the person or persons entitled to a tenancy or joint tenancy of the holding specified in the
particulars in the schedule to the Form by virtue of a direction under the Agricultural Holdings Act 1986 s 39(5),(6) or (9).
As to the words having failed to agree, see F R Evans (Leeds) Ltd v Webster (1962) 185 Estates Gazette 269. A party may apply
for the appointment of an arbitrator without having first asked the other party to agree on one.
Under the Agricultural Holdings Act 1986 s 84, Sch 11 para 7 the parties to the arbitration must, within 35 days from the
appointment of the arbitrator, deliver to him a statement of their respective cases with all necessary particulars. Such a statement
cannot subsequently be amended, except with the arbitrators consent, and the parties are bound by it when the hearing takes
place.
Ie a direction entitling an eligible person (as defined in the Agricultural Holdings Act 1986 s 36(3)) to a tenancy of an
agricultural holding under ibid s 39(5),(6) or (9).
See the Agricultural Holdings Act 1986 s 48(4). Either or both questions may be referred to arbitration: see the Agricultural
3
4
5
6
7
8
9
[3594]
145
Statement of a tenants case for arbitration of matters arising on quitting a holding1

In the matter of an arbitration between
(name of landlord) and (name of tenant)

concerning a holding known as (name or description of holding)
STATEMENT OF TENANTS CASE

1
The tenant became tenant to the landlord of the holding known as (description of holding) containing
hectares ( acres) from (commencement date) on a yearly tenancy under a written tenancy agreement
made (date of agreement).
The tenancy was determined by notice to quit given by the landlord expiring on (date notice expired) [to
which the consent of the Agricultural Land Tribunal has been obtained by the landlord]2.
The tenant claims being the amount of one years rent as compensation for disturbance and other
amounts for improvements and fixtures and usual tenant-right matters set out in the particulars.
[3595]
4
5
The tenant disputes the landlords claim of for dilapidations to the farmhouse and buildings on the
ground that the same is excessive.
The tenant disputes the landlords claims to compensation for general deterioration of the above holding.
PARTICULARS OF TENANTS CLAIM

1
Compensation for disturbance
One years rent3
Improvements
2.1
Old improvements begun before 1 March 19484:

2.1.1
Formation of silos in OS (landlords consent in writing dated )5
2.1.2
Drainage is OS (written notice given to landlord by letter dated ) 6
2.2
New improvements begun after 1 March 19487:

2.2.1
Mole drainage in OS (written notice given to landlord by letter dated ) 8
2.2.2
Consumption on the holding of feeding stuffs
[3596]
Fixtures
Fowlhouse in OS for which the landlord has given notice to purchase 9
Tenant-right matters
[4.1
Under statutory provisions10

4.1.1
Pasture laid down with clover in OS
4.1.2
Settlement of hill sheep on OS (written notice of election given to landlord by letter dated
)11
]
[4.2
Under tenancy agreement 12 made (date) clause at consuming price
]
[4.3
Under custom13
4.3.1
OS tillages and cultivations for winter wheat

4.3.2
OS summer fallow
]
Dated the
day of
(signature and address for service)

[3597]
1
2
3
4
5
6
7
8
9
10
Under the Agricultural Holdings Act 1986 s 84, Sch 11 para 7 (1 Halsburys Statutes (4th Edn) AGRICULTURE) the parties to the
arbitration must, within 35 days from the appointment of the arbitrator, deliver to him a statement of their respective cases with
all necessary particulars. Such a statement cannot subsequently be amended, except with the arbitrators consent; and the parties
are bound by it when the hearing takes place.
The Agricultural Holdings Act 1986 does not require a copy to be served on the other party to the arbitration, but it is
convenient if this is done (preferably through the arbitrator) otherwise one or other party may be taken by surprise at the
arbitration and have just grounds for an adjournment at the cost of the other party.
As to arbitration generally, see Paragraphs 464 [2546]468 [2551] ante.
See the Agricultural Holdings Act 1986 s 64(4), Sch 9 Pts I (paras 15) and II (paras 116).
See the Agricultural Holdings Act 1986 s 64(4), Sch 9 Pt I para 3(1).
See the Agricultural Holdings Act 1986 s 64(4), Sch 9 Pt I para 4.
See the Agricultural Holdings Act 1986 s 64(1), Schs 7, 8 paras 16.
See the Agricultural Holdings Act 1986 s 65(1), Sch 8 paras 711. See also the Agricultural Holdings Act 1986 s 65(3), Sch 12
para 6 regarding a tenant who entered occupation of a holding before 1 March 1948 and his right to elect as to whether the
statutory provisions laid down by the Agricultural Holdings Act 1986 s 65(1), Sch 8 paras 710 should be applicable to his
claim. Subject to the Agricultural Holdings Act 1986 s 65(3), Sch 12 paras 6, 7, the statutory provisions laid down by ibid s
65(1) apply to all tenants on whatever date they entered occupation of the holding: see the Agricultural Holdings Act 1986 s
65(3).
Seethe Agricultural Holdings Act 1986 s 65(3), Sch 12 para 7. A tenant who entered into occupation of the holding before 31
December 1951 may not obtain compensation for settlement of hill sheep unless, before the termination of the tenancy, he gives
to the landlord notice electing that the Agricultural Holdings Act 1986 s 65(1) is to apply to him as regards the matters set out in
ibid Sch 8 para 10.
This clause would be applicable if the tenant had not exercised his right of election (see notes 10 and 11 above), or if
compensation is to be measured in accordance with the tenancy agreement: see the Agricultural Holdings Act 1986 s 66(4).
This clause would be applicable if the tenant had not exercised his right of election (see notes 10 and 11 above): in no other
circumstances is a landlord or tenant entitled under custom to compensation for tenant-right matters: see the Agricultural
Holdings Act 1986 s 77(1), Sch 12 para 8.
11
12
13
[3598]
146
Statement of a landlords case for arbitration of matters arising on the tenant quitting the holding 1
In the matter of an arbitration between
(name of landlord) and (name of tenant)

concerning a holding known as (name or description of holding)
STATEMENT OF LANDLORDS CASE

1
The tenant became tenant to the landlord of the above holding containing hectares ( acres) from
(commencement date) under a tenancy agreement for years, which expired on (expiry date) since when
the tenant has remained as tenant from year to year.
The tenancy was determined by notice to quit expiring on (date notice to quit expired) given by the landlord
under the Agricultural Holdings Act 1986 section 26, Schedule 3 Part I Case B 2. The reason stated in the
notice to quit was referred to arbitration and by his award made on (date of award) the arbitrator, (name of
arbitrator) of (address), determined that the landlord had established the reason stated.
[3599]
The landlord claims under the [provisions of the tenancy agreement for dilapidations to the
farmhouse buildings and other fixed equipment (or) Agricultural Holdings Act 1986 section 71(1) for
dilapidation or deterioration of or damage to the holding]3 set out in the particulars below and a further sum
of for compensation for general deterioration of the holding under the Agricultural Holdings Act
1986 section 72.
The landlord disputes the tenants claim for compensation for disturbance above the amount of one years
rent on the ground that the expenses in respect of which the claim is made were not directly attributable to the
tenants quitting the holding.
The landlord disputes the tenants claim for compensation for [old] [and] [new] improvements on the ground
that the written consent of the landlord where necessary was not obtained and in any event that the amounts
claimed are excessive.
PARTICULARS OF DILAPIDATIONS
(itemised particulars with price against each item)
Dated the
day of
(signature and address for service)

[3600]
1
Under the Agricultural Holdings Act 1986 s 84, Sch 11 para 7 (1 Halsburys Statutes (4th Edn) AGRICULTURE) the parties to the
arbitration must, within 35 days from the appointment of the arbitrator, deliver to him a statement of their respective cases with
all necessary particulars. Such a statement cannot subsequently be amended, except with the arbitrators consent; and the parties
are bound by it when the hearing takes place.
The Agricultural Holdings Act 1986 does not require a copy to be served on the other party to the arbitration, but it is
convenient if this is done (preferably through the arbitrator) otherwise one or other party may be taken by surprise at the
arbitration and have just grounds for an adjournment at the cost of the other party.
As to arbitration generally, see Paragraphs 464 [2546]468 [2551] ante.
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case B as substituted by the Agricultural Holdings (Amendment) Act 1990 s
1(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to Case B, see Paragraph 380 [2277] ante.
The landlord must choose whether to claim under the terms of the tenancy agreement (see the Agricultural Holdings Act 1986 s
71(3)) or under the statutory provisions (see the Agricultural Holdings Act 1986 s 71(1),(4)(b)).
[3601]
147
Arbitrators award1
AGRICULTURAL HOLDINGS ACT 1986 (Note 1)

FORM OF AWARD
Arbitrator:
[name and address]
Date of appointment:
Time for making award extended to:
Present landlord:
[name and address]
Present tenant:
[name and address]
Rent payable prior to arbitration:
[3602]
Award of the Arbitrator

The claims or questions set out in the Schedule to this award have been referred to arbitration and, having considered
the evidence and the submissions of the parties, I, the arbitrator, award as follows: (Note 2)
1.
The landlord is to pay to the tenant in respect of the claims set out in Column 1 of Part I of the Schedule the
sum(s) set out in Column 2 thereof.
2.
The tenant is to pay to the landlord in respect of the claims set out in Column 1 of Part II of the Schedule the
sum(s) set out in Column 2 thereof.
3.
As from (the next day on which the tenancy could have been brought to an end by notice
to quit given at the date of the notice demanding arbitration under section 12 of the Act) the rent previously payable [is
[increased] [reduced] to ] [continues unchanged at ] being the rent properly payable in respect of the
holding at the date of the reference to arbitration.
[3603]
4.
The notice to quit referred to in Part IV of the Schedule shall [not] have effect. [I postpone the termination of
the tenancy until ].
5.
My award in respect of the claims set out in Column 1 of Part V of the Schedule is set out in Column 2
thereof.
6.
The landlord must pay to the tenant the sum(s) awarded by me to the tenant on the day (Note 3)
after delivery of this award, and the tenant must pay to the landlord the sum(s) awarded by me to the landlord on the
same day.
7.
(a)
(b)
(c)
The costs of and incidental to the arbitration and the award shall be dealt with as follows:
My costs of the award amounting to must be paid by the [landlord] [tenant] [landlord and the tenant
in the following proportions]:
As respects the costs of and incidental to this arbitration [each party must bear his own costs] [the landlord
must pay [% of] the costs of the tenant] [the tenant must pay [% of] the costs of the landlord] [to be
taxed in the County Court] [according to Scale [] as prescribed by the County Court Rules] [[the
landlord] [the tenant] must pay to the [tenant] [landlord] on account of his costs]:
All costs awarded by me to be paid shall be paid on the day (Note 3) after delivery of this award.
Signed by the arbitrator in the presence of:
(Note 4)
Date:
This award was delivered to the [landlord] [tenant] on [date].
[3604]
THE SCHEDULE
Part I
Column 1
Column 2
Claims made by the landlord
Sum(s) awarded
Part II
Column 1
Column 2
Claims made by the tenant
Sum(s) awarded
Part III
Rent
Part IV
Question(s) arising out of a notice to quit
Part V
Column 1
Column 2
Other claims
Award
[3605]
APPENDIX
Statement of reasons for award (Note 5)
Notes for the arbitrator
1.
This form must be followed as closely as possible, with only such omissions or modifications as
circumstances may require. Paragraphs 1 to 6 inclusive will not be relevant in every case, and any which are not
relevant should be omitted.
2.
The arbitrator must state separately in the award the amounts awarded in respect of the several claims
referred to him. If either party applies to him to specify the amount awarded in respect of any particular improvement
or any particular matter, he must do so.
3.
The day on which payment is to be made must not be later than one month after the delivery of the award.
Paragraph 22 of Schedule 11 to the Act provides for interest to be payable on sums directed by the award to be paid.
[3606]
4.
The award must be endorsed with the date of delivery so that there is no doubt as to the date upon which
payments are to be made under paragraphs 6 and 8, and upon the date from which interest runs.
5.
The arbitrator must furnish a statement of his reasons for the award if the landlord or the tenant so requests
on or before the giving or notification of the decisionsee section 12 of the Tribunals and Inquiries Act 1971. The
statement may deal with different matters under different headings as appropriate; for example
the facts he found to be admitted or proved;
the submissions of the parties and his rulings on them;
the method of valuation he applied to the facts found so as to arrive at his determination;
the costs of, and incidental to, the arbitration and award.
1
This Form is prescribed by the Agricultural Holdings (Form of Award in Arbitration Proceedings) Order 1990/1472 Schedule
and is Crown copyright. An award must be in this prescribed form, or one to the like effect, with such omissions or modifications
as the circumstances require: see the Agricultural Holdings (Form of Award in Arbitration Proceedings) Order 1990 art 3. As to
arbitration generally, see Paragraph 464 [2546]468 [2551] ante.
[3607]
148
Statement by an arbitrator of a special case for the opinion of the county court1
IN THE
COUNTY COURT
IN THE MATTER OF THE AGRICULTURAL HOLDINGS ACT 1986

and in the matter of an arbitration between (name of landlord) and (name of tenant)
concerning (name or description of holding)
This is a special case stated for the opinion of the court by (name of arbitrator) of (address), the arbitrator in the above
arbitration:
1
(insert details of tenancy of holding)
(insert statement of facts and reference to such documents as may be necessary to enable the judge to decide
question of law)
[3608]
3
(set out the landlords contentions)
(set out the tenants contentions)
The question[s] of law submitted for the opinion of the court [is (or) are]:
(set out the question(s), in numbered sub-paragraphs, if more than one)
Dated:
Signed:
(signature of arbitrator)
1
See the Agricultural Holdings Act 1986 s 84, Sch 11 para 26 (1 Halsburys Statutes (4th Edn) AGRICULTURE). The case must
contain a statement of such facts, and reference to such documents, as may be necessary to enable the judge to decide the
question of law arising: see the CCR 1981 Ord 44 r 2(1). As to arbitration generally, see Paragraph 464 [2546]468 [2551] ante.
[3609][3650]
D: TERMINATION OF TENANCIES
149
Checklist relating to termination of agricultural holdings1
Notices to quit
1.1
Subject to exceptions mentioned below a notice to quit the whole or part of an agricultural holding is invalid
if it purports to terminate the tenancy before the expiry of 12 months from the end of the current year of the
tenancy2.
1.2
The rule in sub-paragraph 1.1 does not apply3:

1.2.1
where the tenant is insolvent4;
1.2.2
to a notice given pursuant to a provision in the tenancy agreement authorising the resumption of
possession of the holding or part of it for a specified purpose other than agriculture 5;
1.2.3
to a notice given by the tenant to a sub-tenant6;
1.2.4
where the lease is for a life or lives 7;
[3651]
1.2.5
where on a reference under the Agricultural Holdings Act 1986 (the 1986 Act) 8 for arbitration on
rent, the arbitrator determines that the rent payable in respect of the holding is to be increased, to a
notice to quit given by the tenant at least 6 months before it purports to take effect if it purports to
terminate the tenancy at the end of the year of the tenancy beginning on the date from which the
increase of rent is effective 9;
1.2.6
1.2.7
1.2.8
where the landlord applies to the Agricultural Land Tribunal for a certificate that the tenant is not
fulfilling his responsibilities to farm in accordance with the rules of good husbandry 10 and the
tribunal on granting the certificate:
1.2.6.1 specifies a minimum period (being not less than 2 months) of notice to terminate the
tenancy11; and
1.2.6.2 directs that that period is to apply instead of the normal statutory period of notice 12;
in certain circumstances in respect of a notice to quit part of the holding 13; or
where the arbitrator has specified a date for the termination of a tenancy on the tenants failure to
do work under a notice to remedy or where there has been an extension of time under a notice to
remedy after notice to quit14.
2
Landlords notices to quit other than those served pursuant to Schedule 3 Part I Cases AH of the
1986 Act
2.1
The tenant must serve a written counter-notice within one month of the giving of the notice to quit, requiring
that the 1986 Act apply to the notice15.
2.2
Within one month of the service of the tenants counter-notice the landlord must apply to the Agricultural
Land Tribunal for consent to the operation of the notice to quit in the prescribed form 16.
[3652]
2.3
The Tribunal will give consent to the notice to quit only if it is satisfied that the landlord has established one
or more of the following grounds17:
2.3.1
that the carrying out of the purpose for which the landlord proposes to determine the tenancy is
desirable in the interests of good husbandry 18 with regard to the land to which the notice relates,
treated as a separate unit19;
2.3.2
that the carrying out of the purpose is desirable in the interests of sound management of the estate
of which the land to which the notice relates forms part of which that land constitutes 20;
2.3.3
that the carrying out of the purpose is desirable for the purposes of agricultural research, education,
experiment or demonstration or for the purposes of the enactments relating to smallholdings 21;
2.3.4
that the carrying out of the purpose is desirable for the purposes of the enactments relating to
allotments22;
2.3.5
that greater hardship would be caused by withholding than by giving consent to the operation of the
notice23;
2.3.6
that the landlord proposes to determine the tenancy for the purpose of the lands being used for a
use, other an agriculture, not falling within Case B of the 1986 Act 24;
and (whichever ground is established) that it appears to the tribunal that a fair and reasonable landlord would
insist on possession25.
[3653]
Notices to quit served pursuant to Schedule 3 Part I Cases AH of the 1986 Act
3.1
Definition of the Cases:

3.1.1
Case A smallholdings 26;
3.1.2
Case B land required for non-agricultural use with planning permission 27;
3.1.3
Case C bad husbandry28;
3.1.4
Case D failure to comply with a notice to pay rent or a notice to remedy any other breach of the
tenancy agreement29;
3.1.5
Case E irremediable breach of the tenancy agreement together with material prejudice to the
landlord30;
3.1.6
Case F insolvency31;
3.1.7
Case G death32;
3.1.8
Case H notice to quit from Minister33.
3.2
To contest a notice to quit given pursuant to Cases A, B, D and E, the tenant may not serve a counter-notice,
but must:
3.2.1
within one month serve notice in writing requiring any matter he wishes to contest to be determined
by arbitration34; and
3.2.2
within 3 months thereafter ensure that an arbitrator is appointed or that an application has been
made to the President of The Royal Institution of Chartered Surveyors for an appointment 35.
3.3
To contest a notice to quit given pursuant to Cases C, F, G and H, the tenant has no right to serve a counternotice or demand arbitration but must wait to contest the notice to quit in court proceedings 36.
[3654]
Effluxion of time
4.1
An agricultural holding, even if granted for a fixed term 37, will continue from year to year unless terminated
by notice or other established means 38 unless it is:
4.1.1
a tenancy for more than one and less than 2 years 39;
4.1.2
a tenancy for a term certain of not less than 2 nor more than 5 years subject to prior approval of the
Minister40;
4.1.3
a tenancy granted after 12 September 1984 for a term of 2 years or more when the tenant dies one
year or more before the term date and the provisions of section 4 of the 1986 Act apply.
4.2
A lease for life or lives is converted into a lease for 99 years determinable after the death of the tenant by one
months notice41.
Surrender
5.1
The tenant may surrender his tenancy by operation of law or by deed 42.
5.2
A surrender may be implied by operation of law where a new tenancy is granted 43.
Forfeiture
6.1
The 1986 Act does not restrict the landlords ability to forfeit at common law except to the extent that the
tenancy agreement must provide that the landlord is to give sufficient notice of his intention to forfeit to
enable the tenant to give sufficient notice of his intention to claim compensation on quitting 44.
6.2
[3655]
On forfeiture the tenant may seek relief from forfeiture where available at common law.
Merger, disclaimer of landlords title etc
The other methods of termination available at common law apply to agricultural holdings without special provision.
1
2
3
4
5
6
7
8
9
10
In this checklist, references to the 1986 Act are to the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn)
See the Agricultural Holdings Act 1986 s 25(1). The notice to quit may be either unqualified or give one or more of the reasons
requiring the consent of the Agricultural Land Tribunal to the operation of the notice.
See the Agricultural Holdings Act 1986 s 25 and the Agricultural Holdings (Arbitration on Notices) Order 1987/710 arts 7, 14.
The common law rule is that parties are free to specify any length of notice they wish but in the absence of any agreed period in
the case of an annual tenancy, not less than 6 months notice to quit must be given to terminate on the annual term date of the
tenancy. The common law rule applies subject to the relevant statutory exceptions.
See the Agricultural Holdings Act 1986 s 25(2)(a). As to the meaning of insolvency, see the Agricultural Holdings Act 1986 s
96(2).
See the Agricultural Holdings Act 1986 s 25 (2)(b). The Agricultural Holdings Act 1986 does not specify a minimum period of
notice but it must provide sufficient time to enable the tenant to make compensation claims: see Parry v Million Pigs Ltd (1980)
260 Estates Gazette 281.
See the Law of Property Act 1925 s 149 (37 Halsburys Statutes (4th Edn) REAL PROPERTY) and the Agricultural Holdings Act
1986 s 25(2)(d) (one months notice terminating on a quarter day).
See the Agricultural Holdings Act 1986 s 12.
See the Agricultural Holdings Act 1986, Sch 3 Pt II para 9(1).
[3656]
11
12
13
14
15
16
17
18
19
20
21

See the Agricultural Holdings Act 1986 s 31.
See the Agricultural Holdings (Arbitration on Notices) Order 1987 arts 7, 14.
See the Agricultural Holdings Act 1986 s 26(1). There is no prescribed form. The time limit is rigid and inflexible.
See the Agricultural Land Tribunals (Rules) Order 1978/259 art 2, Sch 1 r 2(2).
The notice to quit will be ineffective unless an agricultural land tribunal gives consent to its operation. For the prescribed form of
application for consent, see Form 169 [3781] post. This time limit can be extended by the chairman of the tribunal.
As to the rules of good husbandry, see the Agriculture Act 1947 s 11 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
22
23
24
25
26

See the Agricultural Holdings Act 1986 s 27(3(e).
See the Agricultural Holdings Act 1986 s 27(3)(f). As to Case B, see the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case
B.
Case A Where the holding is a smallholding let either by a smallholdings authority or by the Minister pursuant to the
Agriculture Act 1970 (1 Halsburys Statutes (4th Edn) AGRICULTURE)and was so let on or after 12 September 1984 and:
(a)
the tenant has attained the age of 65; and
(b)
if the result of the notice to quit taking effect would be to deprive the tenant of living accommodation occupied by
him under the tenancy, suitable alternative accommodation is or will be available for him when the notice takes
effect; and
(c)
the agreement under which the tenant was granted the tenancy contains an acknowledgment signed by the tenant that
the tenancy is subject to the provisions of this Case and the notice to quit sates that it is given for these reasons.
[3657]
27
28
29
30
31
32
33
Case B Where the notice to quit is given on the ground that the land is required for a use other than for agriculture:
(a)
for which planning permission has been obtained; or
(b)
for which planning permission is not required (unless the enactments relating to town and country planning exempt
the user from that requirement),
and that fact is stated in the notice to quit.
Case C Where not more than 6 months before the giving of the notice to quit, the Agricultural Land Tribunal granted a
certificate that the tenant was not fulfilling his responsibilities to farm in accordance with the rules of good husbandry and that
fact is stated in the notice.
Case D Where at the date of the giving of the notice to quit the tenant has failed to comply with a written notice served on
him by the landlord being either:
(a)
a notice requiring him within 2 months from the service of the notice to pay any rent in respect of the holding to
which the notice relates; or
(b)
a notice requiring the tenant within a reasonable period specified in the notice to remedy any breach by the tenant that
was capable of being remedied of any term or condition of his tenancy which was not inconsistent with his
responsibilities to farm in accordance with the rules of good husbandry,
and the notice to quit states that it is given for these reasons.
Case E Where at the date of the giving of the notice to quit the interest of the landlord in the holding had been materially
prejudiced by the commission by the tenant of a breach, which was not capable of being remedied, of any term or condition of
the tenancy that was not inconsistent with the tenants responsibilities to farm in accordance with the rules of good husbandry,
and the notice states that it is given for that reason.
Case F At the date of the giving of the notice the tenant was a person who had become insolvent, and the notice states that it
is given for that reason.
Case G When the notice to quit is given:
(a)
following the death of a person who immediately before his death was the sole (or sole surviving) tenant under the
contract of tenancy; and
(b)
not later than the end of the period of 3 months beginning with the date of any relevant notice,
and the notice to quit states that it is given by reason of that persons death.
Case H Where the notice to quit is given by the Minister and:
(a)
the Minister certifies in writing that the notice to quit is given in order to enable him to use or dispose of the land for
the purpose of effecting an amalgamation or the reshaping of any agricultural unit; and
(b)
the agreement under which the tenant was granted the tenancy contains an acknowledgment signed by the tenant that
the tenancy is subject to the provisions of this Case.
[3658]
34
35
36
37
38
39
40
41
42
43
For a notice requiring arbitration of questions arising from certain reasons stated in a notice to quit, see Form 166 [3722] post.
See the Agricultural Holdings (Arbitration on Notices) Order 1987 art 10. Note that the time limits for this and the demand for
arbitration are mandatory and inflexible.
On the basis that the reasons stated cannot be validly substantiated. Alternatively, the tenant may seek a declaration as to the
validity of the notice by originating summons in the High Court or county court as the case may be.
Where the agricultural holding (as defined under the Agricultural Holdings Act 1986 s 1(1)) is for a fixed term of more than 21
years, and takes the form of a registered lease or a lease noted against the landlords own registered title, any application to close
the registered title or cancel notice of the lease as a result of its termination must be accompanied by a positive statement in
writing by the applicant or his solicitor that no legislation (such as the Agricultural Holdings Act 1986 or the Landlord and
Tenant Act 1954) operated to extend the lease, or that the lease has been brought to an end in accordance with the terms of such
legislation.
See the Agricultural Holdings Act 1986 ss 2, 3.
See Gladstone v Bower [1960] 2 QB 384, [1960] 3 All ER 353, CA.
See the Agricultural Holdings Act 1986 s 5. A tenancy granted with the Ministers consent under the Agricultural Holdings Act
1986 s 2 is not an agricultural holding.
See the Law of Property Act 1925 s 149(6).
A tenant may be unable to agree with the landlord to surrender in future: see Johnson v Moreton [1980] AC 37, [1978] 3 All ER
37, HL.
See Jenkin R Lewis & Son Ltd v Kerman [1971] Ch 477, [1970] 1 All ER 833.
44
Certain forms of claim for compensation, eg for a special system of farming (see the Agricultural Holdings Act 1986 s 70) and
the removal of tenants fixtures (see ibid s 10), require the tenant to give not less than one months notice prior to termination of
the tenancy of his intention to make the claim.
[3659][3680]
150
Notice to tenant to pay rent1
FORM 1
SCHEDULE 3, PART I, CASE D
Notice to tenant to pay rent due

Re: the holding known as
To
(Name and address of tenant)

IMPORTANT FAILURE TO COMPLY WITH THIS NOTICE MAY BE RELIED ON AS REASON FOR A
NOTICE TO QUIT UNDER CASE D. IF YOU WANT YOUR TENANCY TO CONTINUE YOU MUST ACT
QUICKLY. READ THE NOTICE AND ALL THE NOTES CAREFULLY. IF YOU ARE IN ANY DOUBT ABOUT
THE ACTION YOU SHOULD TAKE, GET ADVICE IMMEDIATELY, eg FROM A SOLICITOR, SURVEYOR OR
CITIZENS ADVICE BUREAU.
[3681]
1.
I hereby give you notice that I require you to pay within two months from the date of service of this Notice*
the rent due in respect of the above holding as set out below:
* Note: This Notice may not be served before the rent is due.
Particulars of rent not paid
Date when due
Amount due
2.
This Notice is given in accordance with Case D in Part I of Schedule 3 to the Agricultural Holdings Act 1986,
and failure to comply with it within the period specified above may be relied on as a reason for a notice to quit under
Case D.
3.
Your attention is drawn to the Notes following the signature to this Notice.
Signed
Date
(If signed by any person other than the landlord of the holding, state in what capacity or by what authority the signature
is affixed.)
Address
[3682]
Notes
1.
You cannot at this stage refer to arbitration either your liability to comply with this Notice to pay rent or any
other question as to the validity of the Notice. You will, however, be entitled to do so later if a notice to quit is served
on you on the ground that you have failed to comply with this Notice to pay rent. That is the only opportunity you will
have to challenge this Notice.
2.
At that stage under article 9 of the Agricultural Holdings (Arbitration on Notices) Order 1987 (S.I. 1987/710)
you have one month after the service of the notice to quit within which you can serve on your landlord a notice in
writing requiring the question to be determined by arbitration under the Agricultural Holdings Act 1986 (c.5).
3.
You will then have three months from the date of service of that notice in which to appoint an arbitrator by
agreement or (in default of such agreement) to make an application under paragraph 1 of Schedule 11 to that Act for the
appointment of an arbitrator. If this is not done by you or your landlord your notice requiring arbitration ceases to be
effective (see article 10 of that Order).
1
This is Form 1 in the Agricultural Holdings (Forms of Notice to Pay Rent or to Remedy) Regulations 1987/711, Schedule and is
Crown copyright. A notice to pay rent under the Agricultural Holdings Act 1986, Sch 3 Pt I Case D (1 Halsburys Statutes (4th
Edn) AGRICULTURE) must be in the prescribed form or one substantially to the same effect: see the Agricultural Holdings
(Forms of Notice to Pay Rent or to Remedy) Regulations 1987 regs 2, 3. The form as reproduced here follows the precise
wording of the prescribed form, but not the exact layout and design. It is recommended that the prescribed form is not altered or
varied in any way and that the statutorily prescribed notes, which comprise part of it, are reproduced as well as the Form itself.
[3683]
151
Notice to tenant to remedy a breach of the tenancy agreement by doing work of repair, maintenance or
replacement1
FORM 2
Notice to tenant to remedy breach of tenancy by doing work of repair, maintenance or replacement
To

IMPORTANTFAILURE TO COMPLY WITH THIS NOTICE MAY BE RELIED ON AS REASON FOR A
[3684]
1.
I hereby give you notice that I require you to remedy within months* from the date of service of
this Notice the breaches, set out below, of the terms and conditions of your tenancy, being breaches which are capable
of being remedied of terms or conditions which are not inconsistent with your responsibilities to farm the holding in
accordance with the rules of good husbandry.
*Note: This period must be a reasonable period for the tenant to remedy the breaches and must in any event be not less
than six months.
2.
This Notice requires the doing of the work of repair, maintenance or replacement specified below.
Particulars of breaches of terms or conditions of tenancy

Term or condition of tenancy Particulars of breach and work
required to remedy it
[3685]
3.
and failure to comply with it within the period specified above may be relied on as a reason for a notice to quit under
Case D.
4.
Signed
Date
is affixed.)
Address
[3686]
Notes
In these Notes the Order means the Agricultural Holdings (Arbitration on Notices) Order 1987 (S.I. 1987/710).
What to do if you wish
(a)
to contest your liability to do the work, or any part of the work, required by this notice to remedy (Question
(a)); or
(b)
to request the deletion from this Notice to remedy of any item or part of an item of work on the ground that it
is unnecessary or unjustified (Question (b)); or
(c)
to request the substitution in the case of any item or part of an item of work of a different method or material
for the method or material which this Notice to remedy would otherwise require to be followed or used
(Question (c)).
1.
Questions (a), (b) and (c) mentioned in the heading to these Notes can be referred to arbitration under article
3(1) of the Order. To do so you must serve a notice in writing upon your landlord within one month of the service upon
you of this Notice to remedy. The notice you serve on your landlord should specify
(a)
if you are referring Question (a), the items for which you deny liability,
(b)
if you are referring Question (b), the items you wish to be deleted,
(c)
if you are referring Question (c), the different methods or materials you wish to be substituted,
and in each case should require the matter to be determined by arbitration under the Agricultural Holdings Act 1986
(c.5). You will not be able to refer Question (a), (b) or (c) to arbitration later on receipt of a notice to quit. This action
does not prevent you settling the matter in writing by agreement with your landlord.
[3687]
Carrying out the work
2.
If you refer any of these Questions (a), (b) and (c) to arbitration, you are not obliged to carry out the work
which is the subject of the reference to arbitration unless and until the arbitrator decides that you are liable to do it; but
you must carry out any work which you are not referring to arbitration.
3.
If you are referring Question (a) to arbitration you may if you wish carry out any of the work which is the
subject of that reference to arbitration without waiting for the arbitrators award. If you do this and the arbitrator finds
that you have carried out any such work which you were under no obligation to do, he will determine at the time he
makes his award the reasonable cost of any such work you have done and you will be entitled to recover this from your
landlord (see article 8 of the Order). This provision does not apply in the case of work referred to arbitration under
Question (b) or Question (c).
What to do if you wish to contest any other question arising under this Notice to remedy
4.
If you wish to contest any other question arising under this Notice other than Question (a), (b) or (c), such as
whether the time specified in the Notice to do work is a reasonable period in which to carry out the work, you should
refer the question to arbitration in either of the following ways, according to whether or not you are at the same time
referring Question (a), (b) or (c) to arbitration
(a)
If you are referring Question (a), (b) or (c) to arbitration, then you must also refer to arbitration at the same
time any other questions relevant to this Notice which you may wish to dispute.
To do this, you should include in the Notice to your landlord referred to in Note 1 above a statement of the
other questions which you require to be determined by arbitration under the Agricultural Holdings Act 1986
(see article 4(1) of the Order).
[3688]
(b)
If you are not referring Question (a), (b) or (c) to arbitration, but wish to contest some other question arising
under this Notice to remedy, you may refer that question to arbitration either now, on receipt of this Notice, or
later, if you get a notice to quit.
To refer the question to arbitration now, you should serve on your landlord within one month after
the service of this Notice to remedy a notice in writing setting out what it is you require to be determined by
arbitration under the Agricultural Holdings Act 1986 (see article 4(2)(a) of the Order).
Alternatively, you have one month after the service of the notice to quit within which you can serve on your
landlord a notice in writing requiring the question to be determined under the 1986 Act (see article 9 of the
Order). You will then have three months from the date of service of that notice in which to appoint an
arbitrator by agreement or (in default of such agreement) to make an application under paragraph 1 of
Schedule 11 to that Act for the appointment of an arbitrator. If this is not done by you or your landlord your
notice requiring arbitration ceases to be effective (see article 10 of the Order).
Warning
5.
[3689]
Notes 1 to 4 above outline the only opportunities you have to challenge this Notice to remedy.
Extensions of time allowed for complying with this Notice to remedy

6.
If you refer to arbitration now any question arising from this Notice to remedy, the time allowed for
complying with the Notice will be extended until the termination of the arbitration. If the arbitrator decides that you are
liable to do any of the work specified in this Notice to remedy, he will extend the time in which the work is to be done
by such period as he thinks fit (see article 6(2) of the Order).
Warning as to the effect which any extension of the time allowed for complying with this Notice to remedy may have
upon a subsequent notice to quit
7.
If your time for doing the work is extended as mentioned in note 6 above, the arbitrator can specify a date for
the termination of your tenancy should you fail to complete the work you are liable to do within the extended time.
Then, if you did fail to complete that work within the extended time your landlord could serve a notice to quit upon you
expiring on the date which the arbitrator had specified, and the notice would be valid even though that date might be
less than twelve months after the next term date, and might not expire on a term date. The arbitrator cannot, however,
specify a termination date which is less than six months after the expiry of the extended time to do the work. Nor can
he specify a date which is earlier than would have been possible if you had not required arbitration on this Notice to
remedy and had failed to do the work (see article 7 of the Order).
1
Crown copyright. A notice to remedy a breach by works of repair etc under the Agricultural Holdings Act 1986, Sch 3 Pt I Case
D (1 Halsburys Statutes (4th Edn) AGRICULTURE) must be in the prescribed form or one substantially to the same effect: see the
Agricultural Holdings (Forms of Notice to Pay Rent or to Remedy) Regulations 1987 regs 2, 4. The form as reproduced here
follows the precise wording of the prescribed form, but not the exact layout and design. It is recommended that the prescribed
form is not altered or varied in any way and that the statutorily prescribed notes, which comprise part of it, are reproduced as
well as the Form itself.
[3690]
152
Notice to tenant to remedy a breach of the tenancy agreement (not being a notice requiring the doing of any
work of repair, maintenance or replacement)1
FORM 3
Notice to tenant to remedy breach of tenancy (not being a notice requiring the doing of any work of repair,
maintenance or replacement)
To

[3691]
IMPORTANTFAILURE TO COMPLY WITH THIS NOTICE MAY BE RELIED ON AS REASON FOR A
1.
I hereby give you notice that I require you to remedy within months from the date of service of this
Notice the breaches, set out below, of the terms and conditions of your tenancy, being breaches which are capable of
being remedied of terms and conditions which are not inconsistent with your responsibilities to farm the holding in
accordance with the rules of good husbandry.
Particulars of breaches of terms and conditions of tenancy

Term or condition of tenancy Particulars of breach
2.
and failure to comply with it within the period specified may be relied on as a reason for a notice to quit under Case D.
[3692]
3.
Signed
is affixed.)
Date
Address
Notes
1.
You cannot at this stage refer to arbitration either your liability to comply with this Notice to remedy or any
other question as to the validity of the Notice. You will, however, be entitled to do so later if a notice to quit is served
on you on the ground that you have failed to comply with this Notice to pay rent. That is the only opportunity you will
have to challenge this Notice.
[3693]
2.
At that stage under article 9 of the Agricultural Holdings (Arbitration on Notices) Order 1987 (S.I. 1987/710)
you have one month after the service of the notice to quit within which you can serve on your landlord a notice in
writing requiring the question to be determined by arbitration under the Agricultural Holdings Act 1986 (c.5).
3.
You will then have three months from the date of service of that notice in which to appoint an arbitrator by
agreement or (in default of such agreement) to make an application under paragraph 1 of Schedule 11 to that Act for the
appointment of an arbitrator. If this is not done by you or your landlord your notice requiring arbitration ceases to be
effective (see article 10 of that Order).
1
Crown copyright. A notice to remedy a breach other than by works of repair etc under the Agricultural Holdings Act 1986, Sch 3
Pt I Case D (1 Halsburys Statutes (4th Edn) AGRICULTURE) must be in the prescribed form or one substantially to the same
effect: see the Agricultural Holdings (Forms of Notice to Pay Rent or to Remedy) Regulations 1987 reg 3. The form as
reproduced here follows the precise wording of the prescribed form, but not the exact layout and design. It is recommended that
the prescribed form is not altered or varied in any way and that the statutorily prescribed notes, which comprise part of it, are
reproduced as well as the Form itself.
[3694]
153
Notice to determine a lease or tenancy of two years or more at the end of the term 1
NOTICE TO DETERMINE TENANCY

To:
of:

(address)

I, (name of tenant or name of landlord) of (address), your [tenant (or) landlord] of the above holding GIVE YOU
NOTICE that it is my intention to determine [my (or) your] tenancy of the above-mentioned holding and premises,
which [I (or) you] hold as tenant under [an agreement for lease (or) a lease] made on (date of lease or agreement)
between (1) myself and (2) yourself, on (date tenancy to determine), being the date fixed for the expiration of the term
granted by the [agreement for] lease
[3695]
AND I [intend (or) require you] to quit and deliver up possession of the above holding accordingly.
[The reason I intend to determine your tenancy is: (state reason)]2
Dated:
Signed:
1
2
This notice must be served not less than one nor more than two years before the date fixed for the expiry of the term: see the
Agricultural Holdings Act 1986 s 3(1)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
If the reason the landlord wishes to determine the tenancy is one of those referred to in the Agricultural Holdings Act 1986 s
27(3)(a)(c), he should state the reason specifically in the notice because this precludes the tenant from recovering additional
compensation for disturbance: see the Agricultural Holdings Act 1986 ss 60(2), 61(3)(a). If the landlord wishes to rely on any of
the cases referred to in the Agricultural Holdings Act 1986, Sch 3 Pt I, he should specifically refer to the relevant case in this
notice because this precludes the tenant from issuing a counter-notice: see the Agricultural Holdings Act 1986 s 26(2). As to
notices to quit, see Paragraphs 369 [2242]373 [2246] ante.
[3696]
154
Notice to quit given by a landlord, without any special reason stated1
NOTICE TO QUIT
To:
of:
(name of tenant)
(address)
[I, (or) WE, (name of landlords agents) of (address), as agents for and on behalf of] (name of landlord) of (address),
GIVE YOU NOTICE TO QUIT and deliver up possession of the above holding and premises, which you hold of [me
(or) him] as tenant, [on (date) (or) at the expiration of the year of your tenancy that will expire after the end of 12
months from the date of service of this notice]2.
Dated:
Signed:
(signature of (agents of) landlord)
1
If the reason the landlord wishes to determine the tenancy is one of those referred to in the Agricultural Holdings Act 1986 s
27(3)(a)(c), he should state the reason specifically in the notice because this precludes the tenant from recovering additional
compensation for disturbance: see the Agricultural Holdings Act 1986 ss 60(2), 61(3)(a). If the landlord wishes to rely on any of
the cases referred to in the Agricultural Holdings Act 1986, Sch 3 Pt I, he should specifically refer to the relevant case in this
notice because this precludes the tenant from issuing a counter-notice: see the Agricultural Holdings Act 1986 s 26(2). For a
counter-notice by the tenant, see Form 162 [3716] post. As to notices to quit and counter-notices, see Paragraphs 369 [2242]374
[2251] ante.
A notice to quit an agricultural holding is invalid if it purports to determine the tenancy before the expiry of 12 months from the
end of the then current year of the tenancy: see the Agricultural Holdings Act 1986 s 25(1) (1 Halsburys Statutes (4th Edn)
AGRICULTURE). See, however, the exceptions in the Agricultural Holdings Act 1986 s 25(2) noted in Form 149 sub-paragraph
1.2 [3651] ante. As to service, see the Agricultural Holdings Act 1986 s 93.
[3697]
155
Notice to quit given by a landlord, with endorsement of special reasons, where none of the grounds in the
Agricultural Holdings Act 1986, Schedule 3 Part I applies1
NOTICE TO QUIT
To:
of:
(name of tenant)
(address)

GIVE YOU NOTICE TO QUIT2 and deliver up possession of the above holding and premises, which you hold of [me
(or) him] as tenant, [on (date) (or) at the expiration of the year of your tenancy that will expire next after the end of 12
months from the date of service3 of this notice].
[3698]
This notice is given on the ground[s] and for the reason[s] that:
1
the carrying out of the purpose for which [I propose (or) your landlord proposes] to determine the tenancy is
desirable:
[1.1
in the interests of good husbandry with regard to the above holding treated as a separate unit;
(and/or)
1.2
in the interests of sound management of the estate [which constitutes the above holding (or) of
which the above holding forms part]; (and/or)
1.3
for the purposes of [agricultural research, education, experiment or demonstration (or) the
enactments relating to smallholdings; (and/or)
1.4
for the purposes of the enactments relating to allotments]]; and/or
[I (or) your landlord] will suffer hardship unless this notice has effect
Dated:
Signed:
1
If any of the grounds referred to in the Agricultural Holdings Act 1986 s 26, Sch 3 Pt I (as amended) (1 Halsburys Statutes (4th
Edn) AGRICULTURE) applies, Form 159 [3706] post should be used. The tenant will be entitled to basic and additional
compensation for disturbance (see the Agricultural Holdings Act 1986 s 60) unless this is excluded or restricted by the
Agricultural Holdings Act 1986 s 61.
If the reason the landlord wishes to determine the tenancy is one of those referred to in the Agricultural Holdings Act 1986
s 27(3)(a)(c) (see sub-paragraphs 1.11.3 of this Form), he should state the reason specifically in the notice because this
precludes the tenant from recovering additional compensation for disturbance: see the Agricultural Holdings Act 1986 ss 60(2),
61(3)(a). As to notices to quit generally, see Paragraphs 369 [2242]373 [2246] ante. As to the grounds in the Agricultural
Holdings Act 1986, Sch 3 Pt I (as amended), see Paragraphs 377 [2266]386 [2285] ante.
1.2 [3651] ante.
As to service, see the Agricultural Holdings Act 1986 s 93.
[3699]
156
Notice to quit by tenant1
NOTICE OF INTENTION TO QUIT

To:
of:
(name of landlord)
(address)

[I, (or) WE, (name of tenants agents) of (address), as agents for and on behalf of] (name of tenant) of (address), GIVE
YOU NOTICE of [my (or) his] intention to quit and deliver up possession of the above holding and premises, which [I
hold (or) he holds] as tenant from you, [on (date) (or) at the expiration of the year of the tenancy that will expire next
after the end of 12 months from the date of service 2 of this notice].
[3700]
Dated:
Signed:
(signature of (agents of) tenant)
1
1.2 [3651] ante. A tenant will, by giving notice to quit to his landlord, destroy any underlease he has created: see Pennell v
Payne [1995] 2 WLR 261, CA. As to notices to quit, see Paragraphs 369 [2242]373 [2246] ante.
As to service, see the Agricultural Holdings Act 1986 s 93 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[3701]
157
Landlords notice to quit land required for a non-agricultural purpose, pursuant to a provision in the contract of
tenancy1
NOTICE TO QUIT
To:
of:
(name of tenant)
(address)

[I, (or) WE, (name of landlord agents) of (address), as agents for and on behalf of] (name of landlord) of (address),
GIVE YOU NOTICE TO QUIT and deliver up possession of [the above holding and premises (or) OS No[s]
[and ] forming part of the above holding and premises], which you hold of [me (or) him] as tenant, on (date)2.
The landlord requires these premises for the purpose of a non-agricultural use namely (specify use) and this notice is
given pursuant to clause of your contract of tenancy3.
[3702]
Dated:
Signed:
A notice to quit an agricultural holding purporting to determine the tenancy before the expiry of 12 months from the end of the
then current year of the tenancy is not invalid if given pursuant to a provision in the contract of tenancy authorising the
resumption of possession of the whole or part for some specified non-agricultural use: see the Agricultural Holdings Act 1986 s
25(2)(b) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to service, see the Agricultural Holdings Act 1986 s 93. As to
notices to quit, see Paragraphs 369 [2242]373 [2246] ante.
In practice, more than one months notice should be given to enable the tenant to take advantage of the right to increased basic
compensation for disturbance: see the Agricultural Holdings Act 1986 s 60(3),(6)(a). If the clause provides for resumption of
possession on one months notice or less, the whole clause is void: Re Disraeli Agreement [1939] Ch 382, [1938] 4 All ER 658;
Coates v Diment [1951] 1 All ER 890; Parry v Million Pigs Ltd (1980) 260 Estates Gazette 281.
If the criteria set out in the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case B as substituted by the Agricultural Holdings
(Amendment) Act 1990 s 1(2) are met, this ground should also be given (see Form 159 [3706] post), otherwise the tenant may
give counter-notice invoking the jurisdiction of an agricultural land tribunal. The criteria set out in Case B are summarised in
[3703]
158
Notice to quit given by a tenant to his sub-tenant1
NOTICE TO QUIT
To:
of:
(name of sub-tenant)
(address)

[I, (or) WE, (name of tenants agents) of (address), as agents for and on behalf of] (name of tenant), GIVE YOU
NOTICE TO QUIT and deliver up possession of the above holding and premises, which you hold of [me (or) him] as
tenant, on (date).
AND [I (or) WE] FURTHER GIVE YOU NOTICE that [I have (or) he has] been given notice to quit the above holding
and premises by (name of landlord), of whom [I hold (or) he holds] as tenant2.
[3704]
Dated:
Signed:
1
A notice to quit an agricultural holding given by a tenant to his subtenant is not invalid even though it purports to determine the
tenancy before the expiry of 12 months from the end of the then current year of the tenancy: see the Agricultural Holdings Act
1986 s 25(2)(c) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to service of the notice, see the Agricultural Holdings Act
1986 s 93. As to notices to quit, see Paragraphs 369 [2242]373 [2246] ante.. As to sub-tenancies, see Paragraphs 412 [2371] and
413 [2372] ante.
The Agricultural Holdings Act 1986 s 26(1), enabling a tenant to serve a counter-notice requiring the consent of an agricultural
land tribunal be obtained to the operation of a notice to quit, does not apply where a tenants notice to his sub-tenant states that
he has received notice to quit from his landlord: see the Agricultural Holdings (Arbitration on Notices) Order 1987/710 art 16(1).
The tenants notice to quit to his sub-tenant has effect only if the notice to quit given to him by the landlord has effect: see the
Agricultural Holdings (Arbitration on Notices) Order 1987 art 16(2). Where, under the Agricultural Holdings Act 1986 s 32, the
tenant accepts notice to quit part of a holding as notice to quit the whole, the notice to quit given by the tenant to his subtenant is
deemed to be a notice to quit the whole for the purposes of the Agricultural Holdings (Arbitration on Notices) Order 1987 art 16:
see ibid art 16(3).
[3705]
159
Notice to quit given by a landlord relying on one of the special cases to be stated in the notice under the
Agricultural Holdings Act 1986, Schedule 3 Part I1
NOTICE TO QUIT
To:
of:
(name of tenant)
(address)

GIVE YOU NOTICE TO QUIT and deliver up possession of the above holding and premises, which you hold of [me
(or) him] as tenant, [on (date) (or) at the expiration of the year of your tenancy that will expire next after the end of 12
months from the date of service2 of this notice].
[3706]
This notice is given on and for the following ground[s] and reason[s] and pursuant to the appropriate paragraph[s] set
out in the Agricultural Holdings Act 1986, Schedule 3 Part I:
[CASE A
The holding is let as a smallholding by [a smallholding authority (or) the Minister] in pursuance of the Agriculture Act
1970 Part III and was so let on (date)3 and you have attained the age of 65 [and suitable alternative accommodation [is
available for you (or) will be available for you when this notice takes effect]]4 and the instrument under which the
tenancy was granted contains an acknowledgement signed by you that the tenancy is subject to the provisions of [this
Case (or) the Agricultural Holdings (Notices to Quit) Act 1977 section 2(3) Case I].]5
[CASE B
The land is required for a use other than agriculture, namely (describe use), for which planning permission [was
granted on (date of permission) by (name of planning authority) (or) was granted by a general development order by
reason only of the fact that the use is authorised by (details of statute or order) 6 (or) is deemed to have been granted 7
(or) is not necessary as the use intended does not constitute development 8 (or) is not necessary by reason of Crown
immunity9].]10
[CASE C
The Agricultural Land Tribunal certified not more than six months before the giving of this notice, under the
Agricultural Holdings Act 1986, Schedule 3 Part II paragraph 9, that it was satisfied that you were not fulfilling your
responsibilities to farm in accordance with the rules of good husbandry.]11
[3707]
[CASE D
At the date of the giving of this notice you have failed to comply with a written notice 12 dated (date of notice) served
on you by [me (or) your landlord] requiring you [within two months of service of the notice to pay rent due in respect
of the holding (or) within the reasonable period specified in the notice to remedy the breach[es] by you capable of
being remedied of terms and conditions of your tenancy not inconsistent with your responsibilities to farm in
accordance with the rules of good husbandry].]13
[CASE E
At the date of the giving of this notice [my interest (or) the interest of your landlord] in the holding has been materially
prejudiced by your commission of a breach incapable of remedy of [a (or) the] term[s] or condition[s] of your tenancy
not inconsistent with your responsibilities to farm in accordance with the rules of good husbandry, in that you have
[not] (specify breach).]14
[CASE F
At the date of the giving of this notice you have become insolvent.]15
[CASE H
(insert details)]16
Dated:
Signed:
[3708]
1
2
3
4
The cases where an agricultural land tribunals consent to the operation of the notice to quit is not required are set out in the
Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I as amended by the Agricultural Holdings (Amendment) Act 1990 (1
Halsburys Statutes (4th Edn) AGRICULTURE): see Paragraphs 377 [2266]386 [2285] ante. No compensation for disturbance is
payable where Cases CG are relied on, and no additional compensation is payable where Cases A or H are relied on: see the
Agricultural Holdings Act 1986 s 61(1),(2). For a notice to quit under Case G, see Form 160 [3712] post.
As to service of the notice, see the Agricultural Holdings Act 1986 s 93.
This date must be on or after 12 September 1984: see the Agricultural Holdings Act 1986, Sch 3 Pt Case A.
The words in square brackets are relevant only if the result of the notice to quit taking effect will be to deprive the tenant of
living accommodation occupied by him under the tenancy: see the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt 1 Case A(b).
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case A (for the wording of which see Paragraph 379 [2276] ante). A tenant in
receipt of a notice to quit relying on Cases A, B (as substituted by the Agricultural Holdings (Amendment) Act 1990 s 1(2)), D or
E, who wishes to dispute the reason or reasons stated, must require arbitration within one month of service of the notice: see the
Agricultural Holdings (Arbitration on Notices) Order 1987/710 art 9.
[3709]
6
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case B(b) as substituted by the Agricultural Holdings (Amendment) Act 1990
s 1(2). The use may be authorised by a private or local Act, an order approved by both Houses of Parliament, or an order made
under the Harbours Act 1964 ss 14 or 16 (as amended) (34 Halsburys Statutes (4th Edn) PORTS AND HARBOURS). For the
wording of Case B, see Paragraph 380 [2277] ante.
Ie where the non-agricultural use is one for which any provision contained in an Act, but not forming part of the enactments
relating to town and country planning (as defined), deems permission under those enactments to have been granted: see the
Agricultural Holdings Act 1986, Sch 3 Pt I Case B(c) as substituted by the Agricultural Holdings (Amendment) Act 1990 s 1(2).
For the wording of Case B(c), see Paragraph 380 [2277] ante.
Ie where the non-agricultural use is one which any provision contained in an Act, but not forming part of the enactments relating
to town and country planning (as defined), deems not to constitute development for the purposes of those enactments: see the
Agricultural Holdings Act 1986, Sch 3 Pt I Case B(d), as substituted as substituted by the Agricultural Holdings (Amendment)
Act 1990 s 1(2). For the wording of Case B(d), see Paragraph 380 [2277] ante.
[3710]
9
10
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case B(e) as substituted by the Agricultural Holdings (Amendment) Act 1990
s 1(2). For the wording of Case B(e), see Paragraph 380 [2277] ante. A tenant in receipt of a notice to quit relying on Cases A, B
(as substituted by the Agricultural Holdings (Amendment) Act 1990 s 1(2)), D or E, who wishes to dispute the reason or reasons
stated, must require arbitration within one month of service of the notice: see the Agricultural Holdings (Arbitration on Notices)
Order 1987/710 art 9.
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case B as substituted by the Agricultural Holdings (Amendment) Act 1990 s
1(2). For the wording of Case B, see Paragraph 380 [2277] ante.
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case C. For the wording of Case C, see Paragraph 381 [2279] ante.
For the prescribed forms of notice, see Forms 150 [3681]152 [3691] ante.
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case D. For the wording of Case D, see Paragraph 382 [2280] ante. A tenant
in receipt of a notice to quit relying on Cases A, B (as substituted by the Agricultural Holdings (Amendment) Act 1990 s 1(2)), D
or E, who wishes to dispute the reason or reasons stated, must require arbitration within one month of service of the notice: see
the Agricultural Holdings (Arbitration on Notices) Order 1987/710 art 9.
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case E. For the wording of Case E, see Paragraph 383 [2282] ante. A tenant
in receipt of a notice to quit relying on Cases A, B (as substituted by the Agricultural Holdings (Amendment) Act 1990 s 1(2)), D
or E, who wishes to dispute the reason or reasons stated, must require arbitration within one month of service of the notice: see
the Agricultural Holdings (Arbitration on Notices) Order 1987/710 art 9.
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case F. For the wording of Case F, see Paragraph 384 [2283] ante.
The Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case H (as to which see Paragraph 386 [2285] ante) applies to notices
given by the Minister (as defined by ibid s 96) to enable him to use or dispose of the land for the purpose of effecting an
amalgamation or the reshaping of an agricultural unit. No suggested wording for a notice can, therefore, be provided.
11
12
13
14
15
16
[3711]
160
Notice to quit given to the personal representatives of a sole or sole surviving tenant 1

NOTICE TO QUIT
To:
of:
(names of personal representatives)

(addresses)

As solicitors and agents for and on behalf of (name of landlord) of (address), WE, (name of firm) of (address), GIVE
YOU NOTICE TO QUIT and deliver up possession of the above holding and premises, which were held of him by the
late (name of late tenant) as tenant until [his (or) her] death on (date of death) and are now held by you as [his (or) her]
personal representative[s]2, [on (date) (or) at the expiration of the year of the tenancy that will expire next after the end
of 12 months from the date of service3 of this notice].
THIS NOTICE IS GIVEN pursuant to the provisions of the Agricultural Holdings Act 1986, Schedule 3 Part I Case G,
following and by reason of the death of the person who immediately before [his (or) her] death was the sole [surviving]
tenant under the contract of tenancy, and is given not later than the end of three months beginning with (date of notice
of death), being the date of the relevant notice 4 within the meaning of the Agricultural Holdings Act 1986, Schedule 3
Part II paragraph 12(b).
Dated:
Signed:
(signature of landlords solicitors)
[3712]
1
See the Agricultural Holdings Act 1986, Sch 3 Pt I Case G (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to the meaning
of tenant, see also the Agricultural Holdings Act 1986, Sch 3 Pt II para 2(a). No compensation for disturbance is payable
where Case G is relied on: see the Agricultural Holdings Act 1986 s 61(1),(2). For the wording of Case G, see Paragraph 385
[2284] ante, and as to the right to apply for a tenancy on succession, see Paragraphs 387 [2291]398 [2326] ante.
If there are no personal representatives, notice to quit should be served on the President of the Family Division of the High
Court. This Form may be adapted and should be accompanied by a letter setting out the facts and indicating that the notice is
sent by virtue of the Administration of Estates Act 1925 s 9 (17 Halsburys Statutes (4th Edn) EXECUTORS AND
ADMINISTRATORS) (if applicable) and the Agricultural Holdings Act 1986, Sch 3 as amended. As to service when it is not
known whether or not there are personal representatives, see Scammell and Denshams Law of Agricultural Holdings (7th Edn,
1989) p 408.
The date of any relevant notice is the date on which a written notice was served on the landlord by or on behalf of the tenants
personal representatives informing the landlord of the tenants death, or the date on which the landlord was given notice under
the Agricultural Holdings Act 1986 ss 39 or 41, ie an application for a tenancy of the holding on the tenants death, or where both
occur, the earlier date: see the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt II para 12(b). The relevant notice must be
expressed in terms sufficiently clear to bring home to the ordinary landlord that the executors are purporting to exercise the
rights given to them by the Act.
3
4
[3713]
161
Notice to quit part of a holding, given by the landlord1
NOTICE TO QUIT
To:
of:
(name of tenant)
(address)

GIVE YOU NOTICE, pursuant to the provisions of the Agricultural Holdings Act 1986 section 31, to quit 2 and deliver
up possession of fields numbered on sheet of the (date) Edition of the Ordnance Survey map
[together with their buildings, premises and appurtenances] forming part of the above holding and premises, which you
hold of [me (or) him] as tenant, [on (date) (or) at the expiration of the year of your tenancy that will expire next after
the end of 12 months from the date of service 3 of this notice].
[3714]
THIS NOTICE IS GIVEN [for the purpose of [adjusting the boundaries between the agricultural units (or)
amalgamating [part of] agricultural units] (or) with a view to the use of the land for (specify use)]4.
Dated:
Signed:
1
This notice is given under the Agricultural Holdings Act 1986 s 31(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE), which
enables a notice to quit part of an agricultural holding to be given on certain grounds. As to compensation for disturbance on
termination of a tenancy of part of a holding, see the Agricultural Holdings Act 1986 s 74. Where the tenant serves an effective
counter-notice under the Agricultural Holdings Act 1986 s 32 to the effect that he treats the notice to quit part as a notice to quit
the entire holding, the compensation provisions in ibid s 60 apply: see ibid s 60(1)(b). As to notices to quit, see Paragraphs 369
[2242]373 [2246] ante. For a counter-notice electing to treat notice to quit part as notice to quit the whole, see Form 163 [3717]
post)
The notice to quit part will be invalid if it purports to determine the tenancy before the expiry of 12 months from the end of the
current year of the tenancy, even if the contract of tenancy provides otherwise (see the Agricultural Holdings Act 1986 s 25(1))
unless either the reason stated under the Agricultural Holdings Act 1986 s 31 is one of the non-agricultural reasons, eg the
opening of a quarry, and the contract of tenancy authorises the resumption of possession for that purpose (see ibid s 25(2)(b)), or
one of the other exceptions contained in ibid s 25(2) applies. In the former case, Form 157 [3702] ante would be appropriate.
The permitted objects are set out in the Agricultural Holdings Act 1986 s 31(2).
3
4
[3715]
162
Tenants counter-notice under the Agricultural Holdings Act 1986 section 26(1) requiring that the consent of an
agricultural land tribunal be obtained1
COUNTER-NOTICE
To:
of:
(name of landlord)
(address)

Pursuant to the Agricultural Holdings Act 1986 [I, (or) WE, (name of tenants agents) of (address), as agents for and on
behalf of] (name of tenant) of (address), GIVE YOU NOTICE that [I require (or) he requires] that the Agricultural
Holdings Act 1986 section 26(1) apply to your notice to quit in respect of the above holding served on [me (or) him]
and dated (date of notice to quit).
This notice is not to be taken as any admission on [my (or) his] part as to the validity of your notice to quit and is given
without prejudice to any matters arising in respect of that notice.
Dated:
Signed:
1
As to the tenants right to serve a counter-notice, see Paragraph 374 [2251] ante. The counter-notice must be served not later than
one month from the giving of the notice to quit: see the Agricultural Holdings Act 1986 s 26(1)(b) (1 Halsburys Statutes (4th
Edn) AGRICULTURE). As to service of the counter-notice, see the Agricultural Holdings Act 1986 s 93.
[3716]
163
Tenants counter-notice accepting notice to quit part of a holding as notice to quit the whole 1
COUNTER-NOTICE
To:
of:
(name of landlord)
(address)

Pursuant to the Agricultural Holdings Act 1986 section 32, [I, (or) WE, (name of tenants agents) of (address), as agents
for and on behalf of] (name of tenant) of (address), GIVE YOU COUNTER-NOTICE that [I accept (or) he accepts]
your notice to quit part of the above holding served on [me (or) him] and dated (date of notice to quit) as notice to quit
the entire holding to take effect at the same time as the original notice to quit.
Dated:
Signed:
1
As to the tenants right to serve a counter-notice, see Paragraph 374 [2251] ante. This counter-notice is given under the
Agricultural Holdings Act 1986 s 32 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and must be served within 28 days after
the giving of the notice to quit: see ibid s 32(2). If the operation of the notice to quit depends on any proceedings under the
Agricultural Holdings Act 1986 Pt III (ss 2533), eg proceedings before an agricultural land tribunal following a tenants
counter-notice under ibid s 26(1), the 28 days run from the date at which it is determined that the notice has effect: see ibid s
32(2)(b). For a counter-notice under the Agricultural Holdings Act 1986 s 26(1) requiring that the consent of an agricultural land
tribunal be obtained, see Form 162 [3716] ante. Where the tenant serves an effective counter-notice under the Agricultural
Holdings Act 1986 s 32 to the effect that he treats the notice to quit part as a notice to quit the entire holding, the compensation
provisions in ibid s 60 apply: see ibid s 60(1)(b). As to service, see the Agricultural Holdings Act 1986 s 93.
[3717]
164
Tenants notice contesting liability, following notice to quit under the Agricultural Holdings Act 1986, Schedule 3
Part I Case D for non-compliance with a notice to do work1
AGRICULTURAL HOLDINGS ACT 1986, SCHEDULE 3 PART I CASE D
NOTICE CONTESTING LIABILITY

To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), GIVE YOU NOTICE that:
[1
I wish to contest my liability under the terms and conditions of my tenancy to do the work specified in the
notice to [do work (or) quit] dated (date of notice) that you have given to me in respect of the following
item[s]:
(set out contested item(s) exactly as in landlords notice)]
[The ground[s] on which I deny liability to do the above work [is (or) are]:
(set out grounds)2]
[3718]
[2
I [also] wish to contest the following [further] matter[s] arising under the notice [to [quit (or) do work] dated
(date of notice) that you have given me] on the following ground[s]:
(set out contested items(s) and the ground(s) relied on)3]
[3
I require that the above matters be determined by arbitration under the provisions of the Agricultural
Holdings Act 1986]
[This notice is not to be taken as any admission on my part as to the validity of the notice to quit and it is given without
prejudice to any matters arising in respect of that notice]
Dated:
Signed:
1
2
3
This notice is given under the Agricultural Holdings (Arbitration on Notices) Order 1987/710 arts 3, 4. It must be served not later
than one month from the giving of the notice to quit: see the Agricultural Holdings (Arbitration on Notices) Order 1987 arts 3(2),
4(1). As to service, see the Agricultural Holdings Act 1986 s 93 (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to
arbitration generally, see Paragraphs 464 [2546]468 [2551] ante. If this notice is served, Form 165 [3720] post (counter-notice
requiring the consent of an agricultural land tribunal to be obtained) may not be used, and vice versa.
The tenant is not required to give his grounds, but it may be desirable to do so to assist the resolution of the dispute.
The tenant is not required to give his grounds, but it may be desirable to do so to assist the resolution of the dispute.
[3719]
165
Tenants counter-notice, following notice to quit under the Agricultural Holdings Act 1986, Schedule 3 Part I
Case D for non-compliance with notice to do work, requiring the consent of an agricultural land tribunal to be
obtained1
AGRICULTURAL HOLDINGS ACT 1986 SCHEDULE 3 PART I CASE D
COUNTER-NOTICE
To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), GIVE YOU NOTICE, pursuant to the Agricultural Holdings Act 1986 section 28, that I
require that the Agricultural Holdings Act 1986 section 28(2) shall apply to the notice to quit the above holding served
on me and dated (date of notice to quit).
This notice is not to be taken as any admission on my part as to the validity of your notice to quit and it is given without
prejudice to any points arising in respects of that notice.
Dated:
Signed:
[3720]
1
This form of counter-notice applies only where the landlords notice to quit is given under the Agricultural Holdings Act 1986,
Sch 3 Pt I Case D for non-compliance with a notice to do work. If this counter-notice is served, Form 164 [3718] ante (notice
contesting liability) may not be used and vice versa. As to the position where the tenant serves an effective notice requiring the
validity of the reason stated in the landlords notice to quit to be determined by arbitration after having already served a counternotice under the Agricultural Holdings Act 1986 s 28(2), see ibid s 28(4)(a).
This counter-notice should be used where the tenant wishes to contest the fairness or reasonableness of the landlord in
insisting on possession. If he wishes to question the reason(s) stated in the notice to quit, the tenant should use Form 164 [3718]
ante.
A landlord in receipt of a counter-notice under the Agricultural Holdings Act 1986 s 28(2) must apply to the tribunal for
consent to the operation of the notice to quit within one month of the giving of the counter-notice, otherwise the notice to quit is
ineffective: see the Agricultural Land Tribunals (Rules) Order 1978/259, Sch 1 r 2(2).
This form of counter-notice may also be used where, following arbitration as to the reason(s) stated in the notice to quit,
the notice to quit is effective and the tenant wishes to question the landlords fairness or reasonableness: see the Agricultural
Holdings Act 1986 s 28(4)(b). In those circumstances the tenant must serve the counter-notice not later than one month from the
date on which the arbitrators award is delivered to him: see the Agricultural Holdings Act 1986 s 28(4)(b).
[3721]
166
Notice by tenant requiring reference to arbitration of questions (other than as to liability to do work) arising
from certain reasons stated in a notice to quit1
AGRICULTURAL HOLDINGS ACT 1986, SCHEDULE 3 PART I CASE[S] [A (or) B (or) D (or) E]
NOTICE REQUIRING REFERENCE TO ARBITRATION

To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), GIVE YOU NOTICE that:
1
I wish to contest certain matters arising out of the reason[s] stated in the notice to quit the above holding,
dated (date of notice to quit), that you have served on me; and
I require all questions so arising, and particularly those set out in the schedule below, to be determined by
arbitration under the Agricultural Holdings Act 1986.
This notice is not to be taken as any admission on my part as to the validity of the notice to quit, and is given without
prejudice to any matters arising in respect of that notice.
Dated:
[3722]
SCHEDULE
[1
Whether the notice [do work (or) remedy (or) quit] dated (date of notice) was validly served on me.
Whether I was, as alleged by you, in breach of a term or condition of my tenancy on the relevant date.
Whether the period of time specified in the notice to [do work (or) remedy] [as subsequently extended] was a
reasonable period of time within which the action required of me by you should be taken.
Whether the alleged breaches were, in fact, remedied by me within the period of time properly available to
me for the purpose.]
Signed:
1
This Form may be used following a notice to quit given under the Agricultural Holdings Act 1986, Sch 3 Pt I Cases A, B (as
substituted by the Agricultural Holdings (Amendment) Act 1990 s 1(2)), D or E (1 Halsburys Statutes (4th Edn)
AGRICULTURE). This notice must be given within one month after the service of the notice to quit: see the Agricultural Holdings
(Arbitration on Notices) Order 1987/710 art 9. As to service, see the Agricultural Holdings Act 1986 s 93.
If the tenant wishes to contest his liability to do work required of him by a notice to do work, he should use Form 164
[3718] ante.
Having served his notice contesting the reasons stated in the notice to quit, the tenant must within 3 months either agree
with the landlord on the appointment of an arbitrator or apply for the appointment of an arbitrator under the Agricultural
Holdings Act 1986, Sch 11 para 1, otherwise the notice ceases to be effective: see the Agricultural Holdings (Arbitration on
Notices) Order 1987 art 10. As to arbitration generally, see Paragraphs 464 [2546]468 [2551] ante.
[3723]
167
Retirement notice, under the Agricultural Holdings Act 1986 section 49, on the grounds of age or incapacity 1
NOTICE OF NOMINATION OF SUCCESSOR

To:
of:
(name of landlord)
(address)

TAKE NOTICE that [I, (name of tenant) (or) WE, (names of joint tenants)] of (address(es)), being the [tenant (or) joint
tenants] of the above holding, NOMINATE (name of successor)2 of (address) to succeed to the tenancy of the above
holding on (proposed retirement date) [or on the next date on which the tenancy of the above holding could have been
determined by notice to quit given on the date of this notice and falling not less than one year and not more than two
years after the date of this notice], under the provisions of the Agricultural Holdings Act 1986 section 49(1)(b) 3.
[This notice is given on the grounds specified in the Agricultural Holdings Act 1986 section 51(3), namely that [I am
(or) we are (or) [I (or) we] will be at (proposed retirement date)] incapable by reason of [bodily (or) mental] infirmity
of conducting the farming of the above holding in such a way as to secure the fulfilment of the tenants responsibilities
to farm in accordance with the rules of good husbandry, and the incapacity is likely to be permanent.]4
Dated:
Signed:
(signature(s) of tenant(s))
[3724]
1
A tenant wishing to retire may, by notice, nominate a single eligible person named in the notice to be his successor as from a date
specified in the notice: see the Agricultural Holdings Act 1986 s 49(1)(b) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to
succession on retirement, see Paragraphs 399 [2336]400 [2337] ante. For the prescribed agricultural land tribunal forms relating
to succession on retirement, see Forms 198 [3898]200 [3911] post.
The person nominated to succeed to the tenancy must be an eligible person, ie a person who:
(1)
is a close relative of the retiring tenant;
(2)
has derived his sole or principal source of livelihood throughout a period of at least 5 years in the last 7 years from
his agricultural work on the holding or agricultural unit of which the holding forms part; and
(3)
is not the occupier of a commercial unit of agricultural land:
see the Agricultural Holdings Act 1986 s 50(2).
The retirement date must be a date on which the tenancy of the holding could have been determined by notice to quit given at the
time of the retirement notice, and it must fall not less than one nor more than 2 years after the date of the retirement notice: see
the Agricultural Holdings Act 1986 s 49(1)(b). It is suggested that the words in square brackets are included to avoid the notice
being rendered void if the date selected is found to be the incorrect term date.
Normally a tenant cannot give a retirement notice to take effect before the tenant attains the age of 65: see the Agricultural
Holdings Act 1986 s 51(3). In the exceptional circumstances specified in this Form, a younger tenant or tenants can give an
appropriate notice: see the Agricultural Holdings Act 1986 s 51(3)(a),(b). However, the tenant or tenants must have the necessary
mental capacity to be able to understand and appreciate the notice given and it will be comparatively rare for a tenant, therefore,
to suffer from sufficient mental, as opposed to physical infirmity, to be unable to conduct the farming business but nevertheless
be of sufficient mental capacity to be able to give the appropriate form of notice.
[3725][3750]
E: AGRICULTURAL LAND TRIBUNAL

168
Checklist relating to applications to an agricultural land tribunal1
The application
1.1
The application must be made in the relevant prescribed form 2.
1.2
The application must be accompanied by:

1.2.1
2 copies of a plan of the land that is the subject of the application at a scale of 1/10,000 or larger;
1.2.2
a similar plan in respect of any other land about which the party intends to give evidence;
1.2.3
2 copies of any plan or other document the party making the application or reply intends to adduce
in support of his case3.
1.3
On an application for succession to a deceased farmer tenant, in addition to the plans listed in sub-paragraphs
1.2.1 and 1.2.2 above the following documents should normally be included with the application, to establish
the applicants suitability and eligibility4:
1.3.1
the deceased tenants death certificate;
1.3.2
the full form of the applicants birth certificate;
1.3.3
the applicants marriage certificate (if the applicant is a widow or married daughter);
1.3.4
the farm accounts for the 7 years ending with the date of the death;
1.3.5
a statement setting out any outside sources of livelihood of the applicant (agriculturally related or
otherwise);
[3751]
1.3.6
1.3.7
1.3.8
1.3.9
1.3.10
1.3.11
1.3.12
1.3.13
1.3.14
a statement of the applicants wages (if appropriate);

copies of any tenancy or other agreement relating to the applicants occupation of any other land
and of the subject holding;
copies of certificates relating to any relevant academic qualifications of the applicant;
a full statement of the applicants capital and evidence of any other capital that would be available
to the applicant to finance the farming if the applicant is successful;
a facility letter from the applicants bank or other financial institution confirming details of any
overdraft or loan facilities available to the applicant;
a medical certificate stating the applicants state of health;
if changes to the farming system are planned, a statement of those changes with a cash flow
projection and farm budget giving full details;
if the applicant is relying on money from the deceased tenant, the will (if any), the Grant of
Representation and the Inland Revenue account; and
the notice to quit if given.
[3752]
Time period for making applications
2.1
The time period for making an application depends upon the type of application being made.
2.2
An application for succession on death must be made within 3 months beginning with the date of death 5.
2.3
Application by the landlord to consent to the operation of a notice to quit served pursuant to the Agricultural
Holdings Act 1986, Schedule 3 Part I Case G must be made:
2.3.1
within 4 months after service on him of an application for succession 6; or
2.3.2
where there are 2 or more applications for succession, within one month after the date on which the
number of applications is reduced to one, or within one month after such earlier date as the tribunal
may direct, whichever of those periods expires last7.
[3753]
1
2
3
4
The agricultural land tribunal is a court of first instance, established under the Agriculture Act 1947 s 73 (1 Halsburys Statutes
(4th Edn) AGRICULTURE). The disputes dealt with by an agricultural land tribunal are principally applications for succession on
death or retirement of the sitting tenant. However, the tribunal has jurisdiction over many other agricultural holdings matters: see
the Agricultural Land Tribunals (Rules) Order 1978/259, Sch 1.
A form substantially to the like effect may be used, see the Agricultural Land Tribunals (Rules) Order 1978 art 1(4)(b).
See the Agricultural Land Tribunals (Rules) Order 1978 art 16(4).
See Scammell and Denshams Law of Agricultural Holdings (7th Edn, 1989) p 247. This list is not exhaustive and the applicant
will therefore need to consider carefully the documents that will be required to prove his case.
See the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984/1301 r 3. For eligible persons entitled to
succeed on the tenants death, see the Agricultural Holdings Act 1986 ss 35, 36, 41, Sch 6 as amended by the Agricultural
Tenancies Act 1995 s 40, Schedule para 32 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984 r 4.
See the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984 r 4. The secretary of the tribunal should
inform the landlord of the start of the four month period or one month period as the case may be.
6
7
[3754][3780]
169
Application for consent to the operation of a notice to quit1
Form 1
rule 2(3)
Ref. No.
To be inserted
by the Secretary.
AGRICULTURAL LAND TRIBUNAL

Application for Consent to Operation of Notice to Quit
To the Secretary of the Agricultural Land Tribunal
for the
Area.
[3781]
1. I,
[block capitals]
of
[address],
hereby apply under
*(a)
*(b)
*(c)
Section 2(1)2,
Section 4(2)3,
Section 4(3)4,
of the Agricultural Holdings (Notices to Quit) Act 1977 for the consent of the Tribunal to the operation of a notice to
quit which I *propose to give/have given to my tenant,
[block capitals]
of
[address]
2.*(a)
I propose to serve the notice before the day of , 19 .
*(b)
The notice was served on the day of , 19 , and a counter-notice was served by the tenant on the
day of 19 .
3.
The holding in respect of which the notice *will be/has been given is known as
and consists of:

(a)
hectares of arable land (including temporary grass)
(Ordnance Survey Field Nos.
);
(b)
hectares of permanent pasture
);
(c)
hectares of rough grazing

);
(d)
hectares of other land (including orchards)

);
Total hectares.
ANNUAL RENT .
[3782]
4.
The holding includes the following buildings [give a general description]:
5.
I apply for the Tribunals consent to the operation of the notice to quit on the following ground(s) provided in
paragraph(s) of section 3(3) 5 of the Agricultural Holdings (Notices to Quit) Act 1977 ( 1). [This
paragraph is relevant to an application under section 2(1) of the Act, in which case it is important to refer to footnote
(1). In other cases the paragraph should be struck out.]
6.
The main facts on which I will base my case are (give a brief outline):(2)
7.
*(a)
*(b)
If I obtain possession of the land I intend:

to farm it myself;
to let it to another tenant (state name and address if known).
8.
I/The future tenant*(3) at present farm(s) other land consisting of:
(a)
(Ordnance Survey Field Nos. );
(b)
(c)
(d)
Total
[3783]
hectares.
9.
(a)
I attach the following documents which I intend to produce in support of my case:

two (4) copies of a 6" to one mile or 1/10,000( 5) map of the holding described in paragraph 3 above (and of
the other land referred to in paragraph 8) (6);
two (4) copies of(7):
(b)
Date
Signed(8)
* Strike out whichever is inapplicable.

Strike out if inapplicable.
(1)
The applicant must state on which paragraph or paragraphs of the subsection he intends to rely. The five paragraphs, as amended,
are as follows:
(a)
that the carrying out of the purpose for which the landlord 6 proposes to terminate the tenancy is desirable in the
interests of good husbandry as respects the land to which the notice relates, treated as a separate unit; or
(b)
that the carrying out thereof is desirable in the interests of sound management of the estate of which the land to which
the notice relates forms part or which that land constitutes (see footnote (6) below); or
(c)
that the carrying out thereof is desirable for the purposes of agricultural research, education, experiment or
demonstration, or for the purposes of the enactments relating to small-holdings or allotments 7; or
(d)
that greater hardship would be caused by withholding than by giving consent to the operation of the notice; or
(e)
that the landlord proposes to terminate the tenancy for the purpose of the lands being used for a use, other than for
agriculture8, not falling within Case B (ie in section 2(3) of the Agricultural Holdings (Notices to Quit) Act 1977).
[3784]
(2)
Where the tenant9 is a serviceman 10 within the meaning of section 11 of the Agricultural Holdings (Notices to Quit) Act 1977,
and the notice to quit is given for one or more of the reasons specified in Case B, D or E, the reasons for the giving of the notice
must be stated and, if any question arising out of them has been determined by arbitration, the determination should also be
stated.
(3)
Paragraph 8 need not be completed if the name of the future tenant is unknown. Where land is described, a map should be
provided11 (footnote (6) below).
(4)
Two copies of the application and of any map and document must be sent to the Secretary 12, and if there are more than two
parties (eg if the holding or part of it is sub-let), an additional copy of the application, etc, must be supplied for, and the Secretary
must be informed of the name and address of, each additional party13.
(5)
A larger scale map may be used if preferred. Ordnance Survey Field Numbers must be marked on the map.
(6)
Where it is intended to give evidence about any land other than that which is the subject of the notice to quit, it must be shown
either on the map produced or on a separate map of a scale of 6" to one mile or 1/10,000 or larger 14.
(7)
Mention any other document which is attached to this application.
(8)
If signed by any person other than the applicant himself, he should state in what capacity or by what authority he signs.
[3785]
1
This is Form 1 of the Agricultural Land Tribunals (Rules) Order 1978/259 r 2, Sch 1 Appendix and is Crown copyright.
Although in general a form substantially to the like effect will suffice, it is recommended that the prescribed form is used without
alteration or variation in any particular, including reproduction of the statutorily prescribed notes which comprise part of the
form. The form as reproduced here follows the precise wording of the prescribed form, but not the exact layout and design. The
Form refers to enactments that have subsequently been repealed and, in practice, it is supplied upon request with annotations to
this effect. Consequently, the Form, as reproduced here, refers to repealed enactments while the footnotes refer to the current
equivalent provisions.
See the Agricultural Land Tribunals (Rules) Order 1978, Sch 1 for the rules of procedure for agricultural land tribunals,
which are to be cited as the Agricultural Land Tribunals Rules 1978 (see the Agricultural Land Tribunals Rules 1978 r 1(1)). As
to agricultural land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975.
Where an application for an agricultural land tribunals consent, under the Agricultural Holdings Act 1986 s 26(1) (1
Halsburys Statutes (4th Edn) AGRICULTURE), to the operation of a notice to quit is made by the landlord before the giving of
the notice to quit, the application must be made not more than 12 nor less than 3 months before the commencement of the period
at the expiration of which the notice to quit is intended to have effect: see the Agricultural Land Tribunals Rules 1978 r 2(1).
Where an application for an agricultural land tribunals consent, under the Agricultural Holdings Act 1986 ss 26(1) or 28(2),(3)
or 28(2),(4), to the operation of a notice to quit is made by the landlord after service upon him by the tenant of a counter-notice,
the application must be made within one month of the service of the counter-notice: see the Agricultural Land Tribunals Rules
1978 r 2(2). An application under the Agricultural Land Tribunals Rules 1978 r 2 must be made in Form 1: see ibid r 2(3). As to
notices to quit, see Paragraphs 369 [2242]373 [2246] ante and 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE para 340
et seq.
[3786]
2
For the provisions formerly contained in the Agricultural Holdings (Notices to Quit) Act 1977 s 2(1), see now the Agricultural
Holdings Act 1986 s 26(1). Where notice to quit an agricultural holding or part of an agricultural holding is given to the tenant
and not later than one month from the giving of the notice the tenant serves on the landlord a counter-notice in writing requiring
that the Agricultural Holdings Act 1986 s 26(1) is to apply to the notice, then, subject to certain exceptions, the notice to quit will
not have effect unless the tribunal consents to its operation: see the Agricultural Holdings Act 1986 s 26(1),(2). As to the
exceptions, see the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I as amended by the Agricultural Holdings (Amendment)
Act 1990 s 1(2).
Holdings Act 1986 s 28. The Agricultural Holdings Act 1986 s 28 applies where notice to quit an agricultural holding or part of
an agricultural holding is given to the tenant and the notice includes a statement in accordance with the Agricultural Holdings
Act 1986 s 28(1), Sch 3 Pt I Case D to the effect that it is given by reason of the tenants failure to comply with a notice to do
work: see the Agricultural Holdings Act 1986 ss 28(1), 26(2).
Holdings Act 1986 s 28. The Agricultural Holdings Act 1986 s 28 applies where notice to quit an agricultural holding or part of
an agricultural holding is given to the tenant and the notice includes a statement in accordance with the Agricultural Holdings
Act 1986 s 28(1), Sch 3 Pt I Case D to the effect that it is given by reason of the tenants failure to comply with a notice to do
work: see the Agricultural Holdings Act 1986 ss 28(1), 26(2).
The agricultural land tribunal may consent to the operation of a notice to quit an agricultural holding or part of an agricultural
holding if, but only if, they are satisfied as to one or more of the matters mentioned in the Agricultural Holdings Act 1986 s 27(3)
and specified by the landlord in his application for their consent: see ibid s 27(1). Even if the Tribunal are so satisfied, however,
they must withhold consent under the Agricultural Holdings Act 1986 s 26 if in all the circumstances it appears to them that a
fair and reasonable landlord would not insist on possession: see ibid s 27(2).
[3787]
6
7
8
9
10
As to the meaning of landlord, see the Agricultural Holdings Act 1986 s 96.
For the principal enactments relating to smallholdings and allotments, see the Allotments Acts 19081950 and the Agriculture
Act 1970 Pt III (ss 3765) (2 Halsburys Statutes (4th Edn) ALLOTMENTS AND SMALLHOLDINGS ).
As to the meaning of agriculture, see the Agricultural Holdings Act 1986 s 96.
As to the meaning of tenant and contract of tenancy, see the Agricultural Holdings Act 1986 s 96.
Serviceman means a man or woman who performs a period of relevant service: see the Agricultural Holdings Act 1986 s 30,
Sch 5 para 1. For the definition of relevant service, see the Reserve and Auxiliary Forces (Protection of Civil Interests) Act
1951 s 64(1), Sch 1 as amended by the Statute Law (Repeals) Act 1977 s 1(1), Sch 1 Pt I and the Armed Forces Act 1981 s 28(2),
Sch 5 Pt I. As to the special provisions relating to servicemen see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE para
361.
As to maps of the land described, see the Agricultural Land Tribunals Rules 1978 r 16(2).
See the Agricultural Land Tribunals Rules 1978 r 16(1),(2),(4),
See the Agricultural Land Tribunals Rules 1978 r 16(5).
11
12
13
14
[3788]
170
Reply to an application for consent to the operation of a notice to quit1
Form 1R
Ref. No.
To be inserted
by the Secretary.

Reply to Application for Consent to Operation of Notice to Quit2
for the
Area.
[3789]
I,
[block capitals]
of
[address]
tenant(1) of
[name or description of holding],
having received a copy of the application 3 (bearing the above reference number) for the Tribunals consent to the
operation of a notice to quit, reply as follows:
1.
The facts stated in the first four paragraphs of the application are correct except that:
2.
In addition to the land which is the subject of the application, I farm the following land ( 2):
which includes the following buildings (give a general description):

3.
My main reasons for resisting the application are:
4.
My landlord is not acting fairly and reasonably because(3):
5.
I attach copies of the following relevant documents( 4):
Date
Signed(5)
[3790]
(1)
(a)
(b)
(2)
If this form is completed by a sub-tenant4, he should state whether he is sub-tenant of the whole or part of the
holding; if of part, he should describe the part with reference to paragraphs 3 and 4 of the application and should state
Ordnance Survey Field Numbers.
If this form is completed by a superior landlord, he should omit paragraph 2.
(a)
(b)
(3)
If you farm other land as part of the same unit with that which is the subject of the application, give a description,
stating the area (in hectares) which is arable (including temporary grass), pasture (including rough grazing) and other
land (including orchards) and giving the Ordnance Survey Field Numbers. If the land is farmed separately, give a
general description, stating area, kind of farming and approximate distance from the holding in question.
If the other land is not shown on the map produced by the landlord, you should produce a map of it of a scale of 6" to
one mile or 1/10,000 (or larger) and giving the Ordnance Survey Field Numbers. If the land is not farmed as part of
the same unit, or for any other good reason, you may, before or at the time of sending your reply, apply to the
Secretary of the Tribunal in writing for the Chairman to dispense with the map.
The Tribunal will not give consent if, in all the circumstances, it appears to them that a fair and reasonable landlord would not
insist on possession 5. If you have any special reasons for saying your landlord is acting unfairly or unreasonably which do not
appear under paragraph 3, you should state them under paragraph 4.
(4)
(a)
(b)
(5)
Two copies of the reply and of any document which you wish to submit to the Tribunal must be sent to the Secretary,
and, if there are more than two parties (eg, if holding or part of it is sublet), an additional copy of each must be
supplied for each additional party.
If you disagree with any map or plan attached to the application, your reply should be accompanied by two copies of
a 6" to one mile or 1/10,000 (or larger) map showing what you consider to be the true position and marking the
If signed by any person other than the tenant himself, he should state in what capacity or by what authority he signs 6.
[3791]
1
This is Form 1R of the Agricultural Land Tribunals (Rules) Order 1978/259 r 2, Sch 1 Appendix and is Crown copyright.
form. The form as reproduced here follows the precise wording of the prescribed form, but not the exact layout and design.
See the Agricultural Land Tribunals (Rules) Order 1978, Sch 1 for the rules of procedure for agricultural land tribunals, to
be cited as the Agricultural Land Tribunals Rules 1978: see the Agricultural Land Tribunals Rules 1978 r 1(1). As to agricultural
land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975. As to notices to quit, see
Paragraphs 369 [2242]373 [2246] ante.
Any party intending to oppose the whole or any part of an application to an agricultural land tribunal must, within one month of
a copy of the application being served on him, reply to it in the form appended to the copy of the application served on him: see
the Agricultural Land Tribunals Rules r 15(1). Where no reply is received by the secretary to the tribunal within the time allowed
by the Agricultural Land Tribunals Rules r 15(1), the tribunal may decide to make an order in the terms of the application
without a formal hearing: see the Agricultural Land Tribunals Rules r 15(2).
For the prescribed form of application for consent, see Form 169 [3781] ante.
Where an application is made to a tribunal in respect of an agricultural holding, the whole or any part of which has been sublet,
every landlord, tenant and subtenant of that holding must be a party to the proceedings on that applicant: see the Agricultural
Land Tribunals Rules r 13(1).
The tribunal may consent to the operation of a notice to quit an agricultural holding or part of an agricultural holding if, but only
if, they are satisfied as to one or more of the matters mentioned in the Agricultural Holdings Act 1986 s 27(3) (1 Halsburys
Statutes (4th Edn) AGRICULTURE) and specified by the landlord in his application for their consent: see the Agricultural
Holdings Act 1986 s 27(1). Even if the tribunal is so satisfied, however, they must withhold consent under the Agricultural
Holdings Act 1986 s 26 if in all the circumstances it appears to them that a fair and reasonable landlord would not insist on
possession: see the Agricultural Holdings Act 1986 s 27(2).
For the provisions relating to the reply and supporting documents, see the Agricultural Land Tribunals Rules 1978 r 16.
3
4
[3792]
171
Application to postpone the operation of a notice to quit1
Form 2
rule 3
Ref. No.
To be inserted
by the Secretary.

Application to Postpone Operation of Notice to Quit2
for the
Area.
[3793]
1. I,
[block capitals]
of
[address],
hereby apply under Article 12(1)3 of the Agricultural Holdings (Arbitration on Notices) Order 1978 for the Tribunal to
postpone the operation of the Notice to Quit served on me by my landlord:
[block capitals]
of
[address]
in respect of:
[name or description of holding].
2.
The Tribunal consented on the day of , 19 , to the operation of the said notice on
the application4 of my landlord bearing reference number .
3.
If its operation is not postponed the Notice will expire on the day of , 19 .
4.
My main reasons for this application are:
5.
I attach two(1) copies of a 6" to one mile or 1/10,000( 2) map of the land which was the subject of the notice
to quit(3) and of the following documents which I intend to produce in support of my case:
Date
Signed(4)
[3794]
(1)
Two copies of the application and any map or document must be sent to the Secretary, and if there are more than two parties (eg,
if the land is held under a sub-tenancy) an additional copy of the application etc, must be supplied for, and the Secretary must be
informed of the name and address of, each additional party. A written notice is required (by Article 12(2) of the 1978 Order
referred to above) to be given at the same time to the landlord.
(2)
(3)
The Chairman of the Tribunal has power in all cases to dispense with maps, etc A request for a direction on this subject should be
made in writing before or at the time of sending the application 5.
(4)
If signed by any person other than the applicant himself, he should state in what capacity or by what authority he signs.
[3795]
1
4
5
form. The Form refers to enactments which have been subsequently repealed and, in practice, it is supplied upon request with
annotations to this effect. Consequently, the Form, as reproduced here, refers to repealed enactments while the footnotes refer to
the current equivalent provisions. The form as reproduced here follows the precise wording of the prescribed form, but not the
exact layout and design.
land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) paras 971975. As to notices to quit, see Paragraphs 369
[2242]373 [2246] ante.
An application under the Agricultural Holdings (Arbitration on Notices) Order 1987/710 art 13 to postpone the termination of a
tenancy must, unless made at the hearing of the proceedings before the tribunal on an application under the Agricultural
Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE), be made in Form 2: see the Agricultural Land Tribunals
Rules 1978 rr 1(2), 3.
See now the Agricultural Holdings (Arbitration on Notices) Order 1987/710 art 13. Where an agricultural land tribunal has
consented to the operation of a notice to quit under the Agricultural Holdings Act 1986, and the notice would, but for the
provisions of the Agricultural Holdings (Arbitration on Notices) Order 1987 art 13 come into operation on or within 6 months
after the giving of the consent, the tribunal may on the application of the tenant made not later than 14 days after the giving of
the consent, postpone the termination of the tenancy for a period not exceeding 12 months: see the Agricultural Holdings
(Arbitration on Notices) Order 1987 art 13(1).
For the prescribed form of application for consent to the operation of a notice to quit, see Form 169 [3781] ante.
See the Agricultural Land Tribunals Rules 1978 r 16(6),(7). As to general provisions relating to applications and supporting
documents, see the Agricultural Land Tribunals Rules 1978 r 16.
[3796]
172
Reply to an application to postpone the operation of a notice to quit1
Form 2R
Ref. No.
To be inserted
by the Secretary.

Reply to Application to Postpone Operation of Notice to quit
for the
Area.
[3797]
I,
[block capitals]
of
[address]
landlord of
having received a copy of the application 2 (bearing the above reference number) for the Tribunal to postpone the
operation of the notice to quit the above named holding, reply as follows:
1.
The facts stated in the first three paragraphs of the application are correct except that:
2.*(a)
*(b)
I request that there should be no postponement.

I would agree to postponement up to the day of , 19 .
3.
4.
Date
Signed(2)
[3798]
(1)
(a)
(b)
and, if there are more than two parties (eg, if the land is sub-let), an additional copy of each must be supplied for each
additional party.
(2)
If signed by any person other than the landlord himself, he should state in what capacity or by what authority he signs 3.
form. The form as reproduced here follows the precise wording of the prescribed form, but not the exact layout and design. See
the Agricultural Land Tribunals (Rules) Order 1978, Sch 1 for the rules of procedure for agricultural land tribunals, to be cited as
the Agricultural Land Tribunals Rules 1978: see the Agricultural Land Tribunals Rules 1978 r 1(1). As to agricultural land
tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) paras 971975. As to notices to quit, see Paragraphs 369
[2242]373 [2246] ante.
Any party intending to oppose the whole or any part of an application to an agricultural land tribunal must, within one
month of a copy of the application being served on him, reply to it in the form appended to the copy of the application served on
him: see the Agricultural Land Tribunals Rules r 15(1). Where no reply is received by the secretary to the tribunal within the
time allowed by the Agricultural Land Tribunals Rules r 15(1), the tribunal may decide to make an order in the terms of the
application without a formal hearing: see the Agricultural Land Tribunals Rules r 15(2).
For the prescribed form of application for postponement, see Form 171 [3793] ante.
For the provisions relating to replies and supporting documents, see the Agricultural Land Tribunals Rules 1978 r 16.
2
3
[3799]
173
Application for a certificate of bad husbandry1
Form 3
rule 4
Ref. No.
To be inserted
by the Secretary.

Application for Certificate of Bad Husbandry
for the
Area.
1. I.
[block capitals]
of
[address]
hereby apply under section 2(4) of the Agricultural Holdings (Notices to Quit) Act 1977 2 for a certificate that my
tenant,
[block capitals]
of
[address]
is not fulfilling his responsibility to farm
[name or description of holding]
in accordance with the rules of good husbandry.
[3800]
2.
The land consists of:
(a)
(b)
(c)
(d)
Total
hectares.
3.
4.
If a certificate of bad husbandry is granted I propose to serve a notice to quit 3.
5.
The main grounds on which I allege bad husbandry are:
6.
(a)
(b)
[3801]

two(1) copies of a 6" to one mile or 1/10,000(2) map of the holding described in paragraph 3 above;
two(1) copies of (3):
Date
Signed(4)
(1)
Two copies of the application and of any map and document must be sent to the Secretary, and if there are more than two parties
(eg, if the holding or part of it is sub-let), an additional copy of the application, etc, must be supplied for, and the Secretary must
be informed of the name and address of, each additional party.
(2)
(3)
(4)
If signed by any person other than the applicant himself, he should state in what capacity or by what authority he signs 4.
which is to be cited as the Agricultural Land Tribunals Rules 1978 (see the Agricultural Land Tribunals Rules 1978 r 1(1)). As to
agricultural land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975. An application
under the Agricultural Holdings Act 1986 s 26(3), Sch 3 Pt II para 9(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE)
(formerly the Agricultural Holdings (Notices to Quit) Act 1977 s 2(4) (repealed)) must be made in Form 3: see the Agricultural
Land Tribunals Rules 1978 r 4.
[3802]
2
For the purposes of the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case C (formerly the Agricultural Holdings (Notices
to Quit) Act 1977 s 2(3) Case C (repealed)) the landlord of an agricultural holding may apply to an agricultural land tribunal for
a certificate that the tenant is not fulfilling his responsibilities to farm in accordance with the rules of good husbandry; and the
tribunal, if satisfied that the tenant is not fulfilling his responsibilities, must grant such a certificate: see the Agricultural
Holdings Act 1986, Sch 3 Pt II para 9(1). As to the rules of good husbandry, see the Agriculture Act 1947 s 11 applied by the
Agricultural Holdings Act 1986 s 96(3). In determining whether to grant a certificate under the Agricultural Holdings Act 1986,
Sch 3 Pt II para 9(1) a tribunal must disregard any practice adopted by the tenant in pursuance of any provision of the contract of
tenancy, or of any other agreement with the landlord, which indicates that its object is the furtherance of one or more of certain
purposes to do with conservation and the protection of historic buildings etc: see the Agricultural Holdings Act 1986, Sch 3 Pt II
para 9(2).
The consent of a tribunal to the operation of a notice to quit an agricultural holding is not necessary in any of the Cases set out in
the Agricultural Holdings Act 1986, Sch 3 Pt I: see ibid s 26(1),(2). The situation in Case C is that not more than 6 months before
the giving of the notice to quit, the tribunal granted a certificate under the Agricultural Holdings Act 1986, Sch 3 Pt II para 9(1)
that the tenant of the holding was not fulfilling his responsibilities to farm in accordance with the rules of good husbandry, and
that fact is stated in the notice: see the Agricultural Holdings Act 1986 s 26(2), Sch 3 Pt I Case C.
For the general provisions relating to applications and supporting documents, see the Agricultural Land Tribunals Rules 1978 r
16.
[3803]
174
Reply to an application for a certificate of bad husbandry1
Form 3R
Ref. No.
To be inserted
by the Secretary.

Reply to Application for Certificate of Bad Husbandry
for the
Area.
[3804]
I,
[block capitals]
of
[address]
tenant(1) of
having received a copy of the application 2 (bearing the above reference number) for the Tribunals certificate of bad
husbandry, reply as follows:
1.
2.
3.
I attach copies of the following relevant documents( 2)
Date
Signed(3)
(1)
If this form is completed by a sub-tenant, he should state whether he is sub-tenant of the whole or part of the holding; if of part,
he should describe the part with reference to paragraph 2 and 3 of the application and should state Ordnance Survey Field
Numbers.
(2)
(a)
(b)
(3)
and, if there are more than two parties (eg, if holding or part of it is sub-let), an additional copy of each must be
If signed by any person other than the tenant himself, he should state in what capacity or by what authority he signs 3.
[3805]
1
2
3
be cited as the Agricultural Land Tribunals Rules 1978: see the Agricultural Land Tribunals Rules 1978 r 1(1).
As to agricultural land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975.
Any party intending to oppose the whole or any part of an application to an agricultural land tribunal must, within one
month of a copy of the application being served on him, reply to it in the form appended to the copy of the application served on
him: see the Agricultural Land Tribunals Rules r 15(1). Where no reply is received by the secretary to the tribunal within the
time allowed by the Agricultural Land Tribunals Rules r 15(1), the tribunal may decide to make an order in the terms of the
application without a formal hearing: see the Agricultural Land Tribunals Rules r 15(2).
For the prescribed form of application for a certificate of bad husbandry, see Form 173 [3800] ante.
For the provisions relating to replies and supporting documents, see the Agricultural Land Tribunals Rules r 16.
[3806]
175
Application for variation or revocation of a condition imposed by an agricultural land tribunal when consenting
to the operation of a notice to quit1
Form 4
rule 5
Ref. No.
To be inserted
by the Secretary.

Application for Variation or Revocation of Condition Imposed by the Tribunal
for the
Area.
[3807]
1. I,
[block capitals]
of
[address],
hereby apply under section 3(5) of the Agricultural Holdings (Notices to Quit) Act 1977 for the Tribunal to vary or
revoke the condition imposed by them under section 3(4) thereof on granting my application bearing the reference
number
2.*(a)
*(b)
*(c)
I wish the Tribunal to revoke the condition

I wish the Tribunal to revoke the condition; but if they are unwilling to do so, I request them to make the
following variation:
I do not wish the Tribunal to revoke the condition, but only to make the following variation:
3.
The main reasons for my application are:
4.
I attach two(1) copies of a 6" to one mile or 1/10,000( 2) map of the holding which was the subject of the
notice to quit(3) and of the following documents which I intend to produce in support of my case( 4):
Date
Signed(5)
*Strike out whichever is inapplicable.
(1)
Two copies of the application and of any map and document must be sent to the Secretary.
(2)
(3)
The Chairman of the Tribunal has power in all cases to dispense with maps, etc ( eg,) if they are already in the possession of the
Tribunal). A request for a direction on this subject should be made in writing before or at the time of sending the application.
(4)
Mention any other document which is attached to the application.
(5)
[3808]
1
This Form refers to enactments that have been subsequently repealed and, in practice, it is supplied upon request with
the current equivalent provisions.
See the Agricultural Land Tribunals (Rules) Order 1978 Sch 1 for the rules of procedure for agricultural land tribunals, to
land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975.
Where an agricultural land tribunal consents under the Agricultural Holdings Act 1986 s 26 (1 Halsburys Statutes (4th
Edn) AGRICULTURE) to the operation of a notice to quit, they may impose such conditions as appear to them requisite for
securing that the land to which the notice relates will be used for the purpose for which the landlord proposes to terminate the
tenancy: see the Agricultural Holdings Act 1986 s 27(4). As to the penalty for breach of such conditions, see the Agricultural
Holdings Act 1986 s 27(6),(8),(9). Where, on an application by the landlord, the tribunal is satisfied that, by reason of any
change of circumstances or otherwise, any condition imposed under the Agricultural Holdings Act 1986 s 27(4) ought to be
varied or revoked, they must vary or revoke the condition accordingly: see the Agricultural Holdings Act 1986 s 27(5). An
application under the Agricultural Holdings Act 1986 s 27(5) (formerly the Agricultural Holdings (Notices to Quit) Act 1977 s
3(5) (repealed)) must be made in Form 4: see the Agricultural Land Tribunals Rules 1978 r 5.
As to general provisions relating to applications and supporting documents, see the Agricultural Land Tribunals Rules 1978 r 16.
The provisions relating to replies under the Agricultural Land Tribunals Rules 1978 r 15(1) do not apply in the case of an
application under ibid r 5: see the Agricultural Land Tribunals Rules 1978 r 15(3).
[3809]
176
Application for an agricultural land tribunal to direct a landlord to provide fixed equipment 1
Form 5
rule 6(1)
Ref. No.
To be inserted
by the Secretary.

Application for Direction to Provide Fixed Equipment
for the
Area.
1. I,
[block capitals]
of
[address]
tenant2 of
hereby apply under section 4 of the Agriculture Act 19583 for the Tribunal to direct my landlord4
[block capitals]
of
[address]
to carry out the following work on the said holding:
[3810]
2.(a)
On the day of , 19, I requested my landlord in writing to carry out the said
work and he *refused on the day of , 19 /has had
reasonable time to agree but has not done so5.
(b)
No term in my contract of tenancy or in any other agreement binds me or my landlord to carry out the said
work6.
(c)
My landlord is not bound by any enactment to carry out the said work 7.
3.
The holding consists of:
(a)
(b)
(c)
(d)
Total
[3811]
hectares.
4.
The holding includes the following buildings:
5.
The type of farming carried on on the holding is(1):
6.
I wish to carry on the following agricultural activity on the said holding to the extent and in the manner
specified, viz.:
7.
If I were to do so without the said work being carried out, I should contravene the following statutory
requirements8 in the following respects:
8.
(a)
(b)
(c)

two(2) copies of a 6" to one mile or 1/10,000(3) map of the holding described in paragraph 3 above,
two(2) copies of the following plan:
two(2) copies of my contract of tenancy and any other document( 4):
Date
Signed(5)
[3812]
(1)
Under section 4(1) of the Agriculture Act 1958 the Tribunal cannot direct a landlord to carry out work in connection with an
agricultural activity specified in the tenants application where the activity has not been carried on on the holding for a period of
at least three years immediately preceding the making of the application unless they are satisfied that the starting of the activity
did not or, where it has not yet been started, will not constitute or form part of a substantial alteration of the type of farming
carried on on the holding9.
(2)
(eg, if the land is held under a sub-tenancy for, and the Secretary must be informed of the name and address of, each additional
party.
(3)
(4)
Mention any other document which is attached to this application. The Chairman of the Tribunal has power in all cases to
dispense with maps or other documents eg, where the landlord already has a copy of the contract of tenancy). A request for a
direction on this subject should be made in writing before or at the time of sending the application.
(5)
[3813]
1
2
3
form. This Form refers to enactments that have subsequently been repealed and, in practice, it is supplied upon request with
See the Agricultural Land Tribunals (Rules) Order 1978 Sch 1 for the rules of procedure for agricultural land tribunals,
An application under the Agricultural Holdings Act 1986 s 11(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE)
(formerly the Agriculture Act 1958 s 4 (repealed)) for a direction for the provision, alteration or repair of fixed equipment must
be made in Form 5: see the Agricultural Land Tribunals Rules 1978 r 6(1). As to fixed equipment, see Paragraphs 320 [2061] and
321 [2062] ante.
As to the meaning of tenant, see the Agricultural Holdings Act 1986 s 96.
As to the requirements of the Agricultural Holdings Act 1986 s 11, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE
para 324.
Any authority having power to enforce the statutory requirement specified in an application under the Agricultural Land
Tribunals Rules 1978 r 6(1) is entitled to be heard on the proceedings on the application, and must be treated as a party to it
except for the purposes of ibid r 15 (replies): see ibid r 12(2).
As to general provisions relating to applications and supporting documents, see the Agricultural Land Tribunals Rules 1978 r 16.
4
5
6
7
8
9
10
[3814]
177
Reply to an application for a direction to provide fixed equipment 1
Form 5R
Ref. No.
To be inserted
by the Secretary.

Reply to Application for Direction to Provide Fixed Equipment
for the
Area.
I,
[block capitals]
of
[address]
landlord(1) of
having received a copy of the application 2 (bearing the above reference number) for the Tribunals direction to me to
carry out certain work on the said holding, reply as follows:
1.
*(a)
*(b)
*(c)
With regard to paragraph 2(a) of the application, I

agree that the request was made and refused;
agree that the request was made, but
*(i)
deny that it was refused,
*(ii)
say that I have not yet had reasonable time to agree to it;
deny that the request was made.
2.
[3815]
The other facts stated in the first four paragraphs of the application are correct, except that:
3.
*(a)

that the carrying on the activity specified in paragraph 6 of the application to the extent and in the manner
specified therein
*(i)
will not involve the contravention of any statutory requirement even if the said work is not carried
out;
*(ii)
would be unreasonable having regard to the tenants responsibilities to farm the holding in
accordance with the rules of good husbandry3;
that the activity specified in paragraph 6 of the application has not been carried on on the holding for a period
of at least three years immediately preceding the making of the application and that the starting of the activity
*constitutes/forms part of a substantial alteration of the type of farming carried on on the holding;
that the direction asked for would be unreasonable having regard to
* (i)
my responsibilities to manage the land comprised in the holding in accordance with the rules of
good estate management 4;
*(ii)
the period for which the holding may be expected to remain a separate holding;
* (iii)
[any other reasons].
*(b)
*(c)
[3816]
4.
Date
Signed(3)

(1)
If this form is completed by a superior landlord he should omit paragraph 1.
(2)
(a)
(b)
(3)
and, if there are more than two parties (eg, if the holding is sublet), an additional copy of each must be supplied for
each additional party.
[3817]
1
2
3
Form refers to enactments which have been subsequently repealed and, in practice, it is supplied upon request with annotations
to this effect. Consequently, the Form, as reproduced here, refers to repealed enactments while the footnotes refer to the current
A landlord may, alternatively, apply under the Agricultural Holdings Act 1986 s 11(7) (1 Halsburys Statutes (4th Edn)
AGRICULTURE) for an extension of the period specified in a direction under the Agricultural Holdings Act 1986 s 11(1), and
such application must be in writing and state the grounds for the application: see the Agricultural Land Tribunals Rules 1978 r
6(2). As to fixed equipment, see Paragraphs 320 [2061] and 321 [2062] ante.
For the prescribed form of application for a direction to provide fixed equipment, see Form 176 [3810] ante.
As to the rules of good husbandry, see the Agriculture Act 1947 s 11 (1 Halsburys Statutes (4th Edn) AGRICULTURE) as
applied by the Agriculture Holdings Act 1986 s 96(3).
As to the rules of good estate management, see the Agriculture Act 1947 s 10 as applied by the Agricultural Holdings Act 1986
s 96(3).
As to the general provisions relating to replies and supporting documents, see the Agricultural Land Tribunals Rules 1978 r 16.
4
5
[3818]
178
Application for approval of a long-term improvement1
Form 6
rule 7(1)
Ref. No.
To be inserted
by the Secretary.

Application for Approval of Long-Term Improvement
for the
Area.
[3819]
1. I,
[block capitals]
of
[address]
tenant of [name or description of holding],
hereby apply for the Tribunals approval under section 50 2 of the Agricultural Holdings Act 1948 (as amended by the
Agriculture Act 1958) of the carrying out of the following improvement(s) on the said holding:
2. My landlord3 is [block capitals]
of
[address].
3.
(a)
(b)
(c)
(d)
Total
[3820]
hectares.
4.
The holding includes the following buildings: [give a general description]
5.
I requested my landlord on the day of , 19 , to consent in
writing to the carrying out of the said improvement(s), but he
*(a)
refuses to give his consent.
*(b)
will only consent subject to the following terms to which I am unwilling to agree: [ state the terms and
your reason for not agreeing]
6.
My main reasons for wishing for the improvements to be carried out are:
7.
(a)
(b)
(c)

two(1) copies of(3):
Date
Signed(4)
[3821]
(1)
(eg, if the holding is held under a sub-tenancy), an additional copy of the application, etc, must be supplied for, and the Secretary
must be informed of the name and address of, each additional party.
(2)
(3)
(4)
which are to be cited as the Agricultural Land Tribunals Rules 1978 (see the Agricultural Land Tribunals Rules 1978 r 1(1)).
As to agricultural land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975.
Where, in the case of an improvement specified in the Agricultural Holdings Act 1986, Sch 7 Pt II (1 Halsburys Statutes (4th
Edn) AGRICULTURE) the tenant is aggrieved by the refusal of his landlord to give his consent to the carrying out of the
improvement, or is unwilling to agree to any terms subject to which the landlord is prepared to give his consent, the tenant may
apply to the Agricultural Land Tribunal for approval of the carrying out of the improvement: see the Agricultural Holdings Act
1986 s 67(3). An application under the Agricultural Holdings Act 1986 s 67(3) (formerly the Agricultural Holdings Act 1948 s 50
(repealed)) must be made in Form 6: see the Agricultural Land Tribunals Rules 1978 r 7(1).
For the meaning of landlord, see the Agricultural Holdings Act 1986 s 96.
As to general provisions relating to applications and supporting documents, see the Agricultural Land Tribunal Rules 1978 r 16.
3
4
[3822]
179
Reply to an application for approval of a long-term improvement 1
Form 6R
Ref. No.
To be inserted
by the Secretary.

Reply to Application for Approval of Long-Term Improvement
for the
Area.
I,
[block capitals]
of
[address]
landlord of
having received a copy of the application 2 (bearing the above reference number) for the Tribunals approval under
section 50 of the Agricultural Holdings Act 1948 (as amended) of the carrying out on the said holding of the
improvement(s) specified therein, reply as follows:
1.
The facts stated in the first four paragraphs of the application are correct except that:
2.*(a)
*(b)
*(c)
I deny that the request referred to in paragraph 5 of the application was made.
I do not wish the improvements to be carried out because:
I agree the improvements being carried out subject to the following terms: [state terms and any special
reasons]
[3823]
3.
4.
I attach copies of the following relevant documents ( 1):
Date
Signed(2)
[3824]
(1)
(a)
(b)
Two copies of the reply and of any document which you wish to submit to the Tribunal should be sent to the
Secretary, and, if there are more than two parties (eg, if the holding is sub-let), an additional copy of each must be
If you disagree with any map or plan attached to the application your reply should be accompanied by two copies of a
6" to one mile or 1/10,000 (or larger) map or plan showing what you consider to be the true position and marking the
(2)
which is to be cited as the Agricultural Land Tribunals Rules 1978 (see the Agricultural Land Tribunals Rules 1978 r 1(1)). As to
agricultural land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975.
For the prescribed form of application for a determination that the landlord has failed to carry out an improvement within a
reasonable time, see Form 180 [3826] post.
As to long-term improvements, see the Agricultural Holdings Act 1986 s 67 (1 Halsburys Statutes (4th Edn)
AGRICULTURE) and Paragraphs 426 [2421]431 [2436] ante.
For the prescribed form of application for approval of an improvement, see Form 178 [3819] ante.
For the general provisions relating to replies and supporting documents, see the Agricultural Land Tribunals Rules 1978 r 16.
2
3
[3825]
180
Application for a determination that the landlord has failed to carry out an improvement within a reasonable
time1
Form 7
rule 7(3)
Ref. No.
To be inserted
by the Secretary.

Application for Determination that Landlord has Failed to carry out Improvement within a
Reasonable Time
for the
Area.
1. I,
[block capitals]
of
[address]
tenant2 of
hereby apply to the Tribunal in pursuance of section 50(4)(b) of the Agricultural Holdings Act 1948 (as amended by the
Agriculture Act 1958)3 to determine that my landlord4:
[block capitals]
of
[address]
has failed within a reasonable time to carry out the following improvements to the said holding:
2.
The said improvement was approved by the Tribunal on my application 5 bearing reference number
[3826]
3.
The Tribunals decision was dated day of , 19 , and my landlord notified me of
his proposal to carry out the said improvement himself on the day of
, 19 .
4.
My landlord has failed to carry out the said improvements: [if he has done any part of them, give
particulars]
5.
My main reasons for saying that the delay is unreasonable are:
6.
(a)
(b)
(c)
I attach two(1) copies each of

a 6" to one mile or 1/10,000(2) map of the holding(3);
the following plan showing the intended improvement(s):
the following other documents(4):
Date
Signed(5)
[3827]
(1)
(2)
(3)
The Chairman of the Tribunal has power in all cases to dispense with maps, etc (eg, if they are already in the possession of the
Tribunal or the other parties). A request for a direction on this subject should be made in writing before or at the time of sending
the application.
(4)
Mention any other documents which are attached to the application.
(5)
[3828]
1
Form refers to enactments which have subsequently been repealed and, in practice, it is supplied upon request with annotations
If, on an application to an agricultural land tribunal by a tenant under the Agricultural Holdings Act 1986 s 67(3) (1
Halsburys Statutes (4th Edn) AGRICULTURE) for approval of the carrying out of an improvement, the tribunal grant their
approval, the landlord may, within the prescribed period from receiving notification of the tribunals decision serve notice in
writing on the Tribunal and the tenant that the landlord proposes himself to carry out the improvement: see the Agricultural
Holdings Act 1986 s 67(5). The prescribed period means the period prescribed by the Minister (as defined by the Agricultural
Holdings Act 1986 s 96) by regulations: see the Agricultural Holdings Act 1986 s 96. The time within which a landlord may
serve a notice is one month from the date on which he receives notice in writing of the tribunals approval of the carrying out of
the improvement: see the Agricultural Land Tribunals Rules 1978 r 7(2).
[3829]
2
3
4
5
For the meaning of tenant, see the Agricultural Holdings Act 1986 s 96.
Where a tribunal grant their approval to the carrying out of an improvement, then if a notice (for which see Form 208 [3994]
post) is duly served by the landlord under the Agricultural Holdings Act 1986 s 67(5), but on an application in that behalf made
by the tenant under ibid s 67(6)(b) the tribunal determine that the landlord has failed to carry out the improvement within a
reasonable time, the approval of the tribunal has effect for the purposes of compensation for the new improvement under the
Agricultural Holdings Act 1986 s 67(1) as if it were the consent of the landlord, and any terms subject to which the approval was
given will have effect as if they were contained in an agreement in writing between the landlord and the tenant: see the
Agricultural Holdings Act 1986 s 67(6). As to compensation for long-term new improvements, see 1(2) Halsburys Laws (4th
Edn Reissue) AGRICULTURE para 416 et seq and Paragraphs 425 [2411]431 [2436] ante. An application under the Agricultural
Holdings Act 1986 s 67(6)(b) for a determination that the landlord has failed to carry out an improvement within a reasonable
time must be made in this form: see the Agricultural Lands Tribunals Rules 1978 r 7(3).
For the prescribed form of application for approval of a long-term improvement, see Form 178 [3819] ante.
For the general provisions relating to applications and supporting documents, see the Agricultural Lands Tribunals Rules 1978 r
16.
[3830]
181
Reply to an application for a determination that the landlord has failed to carry out an improvement within a
reasonable time1
Form 7R
Ref. No.
To be inserted
by the Secretary.

Reply to Application for Determination that Landlord has Failed to carry out the Improvement
within a Reasonable Time
for the
Area.
[3831]
I,
[block capitals]
of
[address]
landlord of
having received a copy of the application2 (bearing the above reference number) for the Tribunals determination that I
have failed within a reasonable time to carry out on the said holding the improvement(s) specified there, reply as
follows:
1.
2.
*(a)
*(b)
*(c)

I have adequately carried out the said improvement(s);
I intend to carry out the said improvement(s) but have not yet had reasonable time to do so for the following
reasons:
[give particulars]
[any other reasons]
3.
Date
Signed(2)
[3832]
(1)
(a)
(b)
and, if there are more than two parties (eg, if the holding is sub-let) an additional copy of each must be supplied for
(2)
If signed by any person other than the landlord himself he should state in what capacity or by what authority he signs 3.
For the prescribed form of application for a determination that an improvement has not been carried out within a reasonable
time, see Form 180 [3826] ante.
[3833][3834]
182
Application for a direction to treat an agricultural holding as a market garden1
Form 8
rule 8
Ref. No.
To be inserted
by the Secretary.

Application for Direction to Treat an Agricultural Holding as a Market Garden
for the
Area.
1. I,
[block capitals]
of
[address]
tenant2 of
hereby apply to the Tribunal to direct under section 68 of the Agricultural Holdings Act 1948 (as amended by the
Agriculture Act 1958) that
*the said holding/the part of the said holding specified in paragraph 6 below
shall be treated as a market garden so that section 67 of the said Act shall apply 3.
[3835]
of
[address].
3.
I requested him on the day of 19 , to agree in writing to the (part of the) holding being
so treated, but he
*refused on the day of , 19 /has had reasonable time but has failed to do
so.
4.
(a)
(b)
(c)
(d)
Total
[3836]
hectares.
5.
The holding includes the following buildings: [give a general description]
6.
I wish to make the following improvements:
Ordnance Survey Field Nos. Improvements

7.
For the following main reasons I request the Tribunal to direct that the *holding/part of the holding described
in paragraph 6 above be treated as a market garden:
8.
(a)
(b)
(c)

Date
Signed(4)
[3837]
(1)
(2)
(3)
(4)
An application under the Agricultural Holdings Act 1986 s 80 (1 Halsburys Statutes (4th Edn) AGRICULTURE) for a
direction that an agricultural holding should be treated as a market garden must be made in Form 8: see the Agricultural Land
Tribunals Rules 1978 r 8.
[3838]
2
3
4
5
For the meaning of tenant, see the Agricultural Holdings Act 1986 s 96.
In the case of an agricultural holding in respect of which, or in respect of part of which, it is agreed in writing that the holding is
to be let or treated as a market garden, all statutory provisions as to compensation for improvements apply to that holding or part
of a holding: see the Agricultural Holdings Act 1986 s 79(1),(2). See also 1(2) Halsburys Laws (4th Edn Reissue)
AGRICULTURE para 444. As to application for a direction that a holding is to be treated as a market garden, see Paragraph 446
[2481] ante.
Where a tenant desires to make on his holding, or part of it, any of the improvements applicable to market gardens and the
landlord refuses or fails within a reasonable time to agree in writing that the holding, or that part, is to be treated as a market
garden, the Agricultural Land Tribunal may, on the application of the tenant and after being satisfied that the holding, or part of
it, is suitable for market gardening, direct that the provisions as to compensation under the Agricultural Holdings Act 1986 s 79
are to apply, in respect of all or some only of those improvements, to the holding or to that part: see the Agricultural Holdings
Act 1986 s 80(1),(2). As to the Tribunals power to make such a direction subject to conditions for the protection of the landlord,
see the Agricultural Holdings Act 1986 s 80(6),(7); see also 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE para 445.
16.
[3839]
183
Reply to an application for a direction to treat an agricultural holding as a market garden1
Form 8R
Ref. No.
To be inserted
by the Secretary.

Reply to Application for Direction to Treat an Agricultural Holding as a Market Garden
for the
Area.
I,
[block capitals]
of
[address]
landlord(1) of
having received a copy of the application 2 (bearing the above reference number) for the Tribunals direction under
section 68 of the Agricultural Holdings Act 1948 (as amended by the Agriculture Act 1958) 3 that the said holding or
part thereof should be treated as a market garden in respect of the improvement(s) specified therein, reply as follows:
1.
*(a)
*(b)
*(c)
[3840]
With regard to paragraph 3 of the application, I

agree that the request was made and refused;
agree that the request was made, but say that
*(i)
I did agree to it in writing on the day of 19 .
*(ii)
I have not yet had reasonable time to agree to it;
deny that the request was made.
2.
The other facts stated in the application are correct except that:
3.
(a)
(b)
My main reasons for resisting the applications are:

the land is unsuitable for market gardening for the following reasons:
[any other reasons]
4.(1)
(2)
If the Tribunal decide to give the direction applied for, I request them to limit its effect to the following
improvement(s):
My main reasons for this would be:
5.
Date
Signed(3)
[3841]
(1)
If this form is completed by a superior landlord, he should omit paragraph 1.
(2)
(a)
(b)
Two copies of the reply and of any document you wish to submit to the Tribunal must be sent to the Secretary, and, if
there are more than two parties (eg, if the holding is sub-let), an additional copy of each must be supplied for each
additional party.
(3)
If signed by any person other than the landlord himself he should state in what capacity or by what authority he signs 3.
This is Form 8R of the Agricultural Land Tribunals (Rules) Order 1978/259 r 2, Sch 1 Appendix. and is Crown copyright.
2
3
See also the Agricultural Holdings Act 1986 s 80 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
For the prescribed form of application, see Form 182 [3835] ante.
[3842]
184
Application for a direction to avoid or relax a covenant against the burning of heather or grass1
Form 9
rule 9
Ref. No.
To be inserted
by the Secretary.

Application for Direction to Avoid or Relax Covenant against the Burning of Heather or Grass
for the
Area.
1. I,
[block capitals]
of
[address]
tenant2 of
hereby apply under section 21 of the Hill Farming Act 1946 (as amended by the Agriculture Act 1958) for the
Tribunals direction that the covenants, conditions or agreements contained in my lease 3 and specified in paragraph 3
below be avoided or relaxed.
[3843]
of
[address]
3.
The *covenant(s)/condition(s)/agreement(s) to which I refer is (are) numbered in my lease
and I ask the Tribunal to direct that it (they) be
*(a)
avoided completely;
*(b)
relaxed in the following way:
*(i)
permanently;
*(ii)
for the following period:
4.
(a)
(b)
(c)
(d)
Total
[3844]
hectares.
5.
The *covenant(s)/condition(s)/agreement(s) mentioned in paragraph 3 above is (are) *impeding/preventing
the proper use of the land for agricultural purposes in the following way:
and I wish it (them) to be *avoided/relaxed so as to allow me to burn hectares of *heather/grass.
6.
(a)
(b)
(c)
I attach:
two(1) copies of my lease(2);
two(1) copies of a 6" to one mile or 1/10,000(3) map of the land described in paragraph 4 above;
two (1) copies each of the following other documents( 4):
Date
Signed(5)
[3845]
(1)
(eg, if the land is held under a sub-tenancy), an additional copy of the application, etc, must be supplied for, and the Secretary
(2)
The Chairman of the Tribunal has power in all cases to dispense with maps or other documents ( eg, where the landlord already
has a copy of the lease). A request for a direction on this subject should be made in writing before or at the time of sending the
application.
(3)
(4)
(5)
Form refers to enactments which have subsequently been repealed and, in practice, it is supplied upon request with annotations
Where a lease of land contains a covenant, condition or agreement under which the burning of heather or grass by the
tenant is prohibited or restricted, an agricultural land tribunal, on an application by the tenant, may, if it appears to them that the
covenant, condition or agreement is preventing or impeding the proper use for agricultural purposes of the land comprised in the
lease or any of that land and that it is expedient in all the circumstances so to do, give such directions for avoiding or relaxing the
covenant, condition or agreement as they think fit: see the Hill Farming Act 1946 s 21(1) as substituted by the Agriculture Act
1958 s 8(1), Sch 1 para 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE). An application under the Hill Farming Act 1946 s
21(1) as substituted must be made in this Form: see the Agricultural Land Tribunals Rules 1978 r 9.
As to the meaning of tenant, see the Landlord and Tenant Act 1927 s 25(1) applied by the Hill Farming Act 1946 s 21(3).
As to the meaning of lease, see the Landlord and Tenant Act 1927 s 25(1) applied by the Hill Farming Act 1946 s 21(3).
As to the meaning of landlord, see the Landlord and Tenant Act 1927 s 25(1) applied by the Hill Farming Act 1946 s 21(3).
16.
2
3
4
5
[3846]
185
Reply to an application for a direction to avoid or relax a covenant against burning of heather or grass1
Form 9R
Ref. No.
To be inserted
by the Secretary.

Reply to Application for Direction to Avoid or Relax Covenant against Burning of Heather or Grass
for the
Area.
[3847]
I,
[block capitals]
of
[address]
landlord of
having received a copy of the application2 (bearing the above reference number) for the Tribunals direction that certain
covenants, conditions or agreements in the applicants lease should be avoided or relaxed, reply as follows:
1.
The facts contained in the first four paragraphs of the application are correct except that:
2.*(a)
*(b)
I do not wish any covenant, condition or agreement to be avoided or relaxed in any way.
I would agree to the following *covenant(s)/condition(s)/agreement(s) being *avoided/relaxed as follows:
3.
For the following main reasons I do not agree that the *covenant(s)/ condition(s)/ agreement(s) is (are)
impeding or preventing the proper use of the land for agricultural purposes or that (except as agreed in paragraph (2)(b)
above) it would be expedient to relax or avoid it (them):
4.
Date
Signed(3)

[3848]
(1)
(a)
(b)
and, if there are more than two parties (eg, if the holding is sub-let), an additional copy of each must be supplied for
(2)
For the prescribed form of application, see Form 184 [3843] ante.
2
3

[3849]
188
Application for a direction and/or authorisation to carry out land drainage works 1
Form 11
rule 11(1)
Ref. No.
To be inserted
by the Secretary.

Application under Land Drainage Act 1976
for the
Area.
*1. I,
[block capitals]
of
[address]
hereby apply to the Tribunal for an order under section 40 of the Land Drainage Act 1976 requiring
[state name(s) of person(s) against whom order is sought](1)
to carry out the work mentioned in paragraph 6 on the ground that [the land 2 mentioned in paragraph 3, of which I am
the owner/occupier, is being injured] [or the improvement of the drainage 3 of the land mentioned in paragraph 3, of
which I am the owner/occupier, is being prevented] by the condition of the ditch 4 mentioned in paragraph 4.
[3850]
* To be used for application under s. 405.
Strike out whichever is inapplicable.
**[In the event of the Tribunal deciding not to make such an order I hereby apply in the alternative under section 41 of
the said Act for an order authorising me to carry out the said work.]
** Strike out if inapplicable.
OR
*[1. I,
[block capitals]
of
[address],
hereby apply to the Tribunal under section 41 of the Land Drainage Act 1976 for an order authorising me to carry out
the work mentioned in paragraph 6 on the ground that the drainage of the land mentioned in paragraph 3, of which I am
the owner/occupier, requires the carrying out of such work.]
* To be used for application under s 41.
*[2.
I ask that the said order should authorise me [or the person required to carry out the said work] to enter on the
land mentioned in paragraph 4 [and paragraph 7] so far as may be necessary for the carrying out of the said work.]
* To be used for application under s 40 or s 41: strike out if no such authority is asked for.
[3851]
3.
I am the *owner/occupier of [describe the land affected by application and give Ordnance Survey Field
Numbers].
*4.
Injury to my said land is being caused [and/or the improvement of the drainage of my said land is being
prevented] by the condition of the under-mentioned ditch [specify ditch, stating land through which it passes and if
possible the Ordnance Survey Field Numbers of that land].
OR
*[4.
(a)
(b)
(c)
The drainage of my said land requires:

the carrying out of work in connection with the under-mentioned ditch:
and/or the replacement or construction of the under-mentioned ditch:
and/or the alteration or removal of drainage work in connection with the under-mentioned ditch:
[specify ditch, stating land through which it passes and if possible the Ordnance Survey Field Numbers of that land]. ]
5.
The condition of the said ditch and its effect on my land is as follows [and/or the construction of the said
ditch is required for the following reason]:
[3852]
6.
The work which is required to be carried out is as follows:
*[7.
For the purpose of carrying out the said work it will be necessary to enter the under-mentioned land in
addition to that mentioned in paragraph 4 [describe land, stating Ordnance Survey Field Numbers if possible].
]
* Strike out if inapplicable.
This application affects the interests of the following persons:( 2)
8.
(a)
[block capitals]
of
[address]
who is the *owner/occupier of [the following part of] the land mentioned in paragraph 4 [or 7] of this application [or
as the case may be](3)
(b)
[block capitals]
of
[address]
who is the *owner/occupier of [the following part of] the land mentioned in paragraph 4 [or 7] of this application [or
as the case may be].(3)
[3853]
*[9.
To the best of my information and belief the following persons in addition to those named in paragraph 8
have rights in or over the said ditch and the land through which it passes:
(a)
of
who is
[block capitals]
[address]
(b)
of
who is
[block capitals]
[address]
]

10.
(a)

two(4) copies of a 6" to one mile or 1/10,000( 5) map of the land described in paragraphs 3 and 4 [and 7]
above;
(b)
Date
Signed(7)
[3854]
(1)
Section 40 enables an order to be made against the owner or occupier of land through which the ditch passes or which abuts on
the ditch or against any person who, although not such an owner or occupier, has a right to carry out the work specified in the
order6.
(2)
State the names of all persons who are to be parties to the proceedings. These must include any person against whom an order is
applied for under section 40 as well as the name of the occupier of any land on which entry may be necessary for carrying out
work under section 40 or 41 and, in the case of an application under section 41, the name of the owner of any land on which it is
proposed that any work should be carried out7. If more than two persons are named, continue on separate sheet.
(3)
State whether owner or occupier of the land or persons having a right to carry out the proposed work on the ditch mentioned in
paragraph 4.
(4)
Two copies of the application and of any map and document must be sent to the Secretary, and if there are more than two parties,
an additional copy of the application, etc, must be supplied for each additional party.
(5)
A larger scale map may be used if preferred. Ordnance Survey Field Numbers must be marked on the map where required.
(6)
(7)
[3855]
1
An application under the Land Drainage Act 1991 ss 28 or 30 (22 Halsburys Statutes (4th Edn) LAND DRAINAGE AND
IMPROVEMENT) for an order requiring the carrying out of work for putting a ditch in proper order or authorising the applicant to
carry out drainage work on land must be made in this form: see the Agricultural Land Tribunals (Rules) Order 1978 r 11(1). See
further 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 559562.
Land includes water and any interests in land or water and any easement or right in, to or over land or water: see the Land
Drainage Act 1991 s 72(1).
Drainage includes defence against water (including sea water), irrigation, other than spray irrigation, and warping: see the Land
Drainage Act 1991 s 72(1).
In the Land Drainage Act 1991 ss 28, 30, ditch includes a culverted and a piped ditch but does not include a watercourse vested
in, or under the control of, a drainage body: see the Land Drainage Act 1991 ss 28(5), 30(4). For the definitions of watercourse
and drainage body, see the Land Drainage Act 1991 s 72(1).
Where, on the hearing of an application under the Land Drainage Act 1991 s 28, the applicant states that he desires also to apply
under the Land Drainage Act 1991 s 30 for an order authorising him to carry out the same or substantially the same work as that
referred to in his application, the tribunal may, if they think fit, deal with the application as if it had been made under ibid s 30 as
well as under ibid s 28: see the Agricultural Land Tribunal Rules 1978 r 11(4).
See the Land Drainage Act 1991 s 28(2).
See the Agricultural Land Tribunal Rules 1978 rr 1(2),(3), 12(1), 13.
For the general provisions relating to applications and supporting documents, see the Agricultural Land Tribunal Rules 1978 r
16.
3
4
6
7
8
[3856]
189
Reply to an application for a direction and/or authorisation to carry out land drainage works 1
Form 11R
Ref. No.
To be inserted
by the Secretary.

Reply to Application under Land Drainage Act 1976
for the
Area.
[3857]
I,
[block capitals]
of
[address]
having received a copy of the application 2 (bearing the above reference number) and of the report 3 provided by the
Minister of Agriculture, Fisheries and Food for the purpose thereof and of the applicants notice in Form 12 4 reply5 as
follows:
1.
The facts stated in the said application and in the said report are correct except that:
2.*(a)
I agree to an order being made

*(i)
in the terms of the recommendation in the report6; or
*(ii)
in the terms asked for in the application [if different from those recommended in the report]; or
*(iii)
in the terms stated in the applicants notice.
I resist the application
*(b)
3.
*My main reasons for resisting the application are:

4.
Date
Signed(2)
[3858]
(1)
(a)
(b)
and, if there are more than two parties, an additional copy of each must be supplied for each additional party.
If you disagree with any map or plan attached to the application or if, in your reply, you mention any land not shown
thereon, your reply should be accompanied by two copies of a 6" to one mile or 1/10,000 (or larger) map showing
what you consider to be the true position or showing the other land mentioned in your reply, as the case may be, and
marking the Ordnance Survey Field Numbers.
(2)
If signed by any person other than the party himself, he should state what capacity or by what authority he signs 7.
[3859]
2
3
Ie the application pursuant to the Land Drainage Act 1991 ss 28 or 30 (22 Halsburys Statutes (4th Edn) LAND DRAINAGE AND
IMPROVEMENT) for the prescribed form of which see Form 188 [3850] ante.
On receipt of an application in a drainage case, the Agricultural Land Tribunal must call on the Minister of Agriculture, Fisheries
and Food to provide a report on the matters to which the application relates, and for that purpose the Tribunal may authorise any
officer of the Minister to enter and inspect any land specified by the Tribunal: see the Agricultural Land Tribunals Rules 1978 r
21(1). Drainage case means proceedings on an application under the Land Drainage Act 1991 ss 28 or 30: see the Agricultural
Land Tribunals Rules 1978 r 1(2).
For the prescribed form of notice by the applicant of his response to the Ministers report and recommendations, Form 12, see
Form 190 [3861] post. The applicants notice must state whether or not he agrees with the facts stated and the recommendations
made in the report: see the Agricultural Land Tribunals Rules 1978 r 21(4).
The time within which a party is required by the Agricultural Land Tribunals Rules 1978 r 15 to reply to the application in a
drainage case runs from the date of the service on him of the notice under ibid r 21(4): see ibid rr 15(1), 21(5).
A report made under the Agricultural Land Tribunals Rules 1978 r 21(1) may recommend that no order or that an order in the
terms set out in the report be made by the Tribunal: see the Agricultural Land Tribunals Rules 1978 r 21(2).
5
6
7
[3860]
190
Notice by the applicant of his response to the Ministers report and recommendations 1
Form 12
rule 21(4)
Ref. No.
To be inserted
by the Secretary.

Land Drainage Act 1976
Notice by Applicant under Rule 21(4) of

the Agricultural Land Tribunals Rules 1978
for the
Area.
I,
[block capitals]
of
[address]
having applied2 to the Tribunal on the day of 19 (under reference number ) for
an order under section 40 [and/or section 41]* of the Land Drainage Act 1976, and having received a copy of the
report3 provided by the Minister of Agriculture, Fisheries and Food for the purposes of my application 4, state as
follows:
[3861]
1.
I accept the facts stated in the report with the exception of:
2.*(a)
I accept the recommendations made in the report and hereby request the Tribunal to make an order on my
application in the terms of the recommendation.
I do not accept the recommendation made in the report and I request the Tribunal to make an order on my
application in the terms asked for therein [or in the following modified terms].
*(b)

I attach the following documents which I intend to produce in support of my case:( 1)
3.
Date
Signed(2)
(1)
Two copies of this notice must be sent to the Secretary together with two copies of any map or document which you wish to
submit to the Tribunal and which has not already been submitted with the application. If there are more than two parties, an
additional copy of the notice, etc, must be supplied for each additional party.
(2)
[3862]
1
2
3
the current equivalent provisions.
to agricultural land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975. As to
application for an order requiring the carrying out of work for putting a ditch in proper order or authorising the applicant to carry
out drainage work on land, see the Land Drainage Act 1991 ss 28, 30 (22 Halsburys Statutes (4th Edn) LAND DRAINAGE AND
IMPROVEMENT).
For the prescribed form of application for authorisation to carry out land drainage works, see Form 188 [3850] ante.
On receipt of an application in a drainage case, the agricultural land tribunal must call on the Minister of Agriculture, Fisheries
and Food to provide a report on the matters to which the application relates, and for that purpose the tribunal may authorise any
officer of the Minister to enter and inspect any land specified by the tribunal: see the Agricultural Land Tribunals Rules 1978 r
21(1). Drainage case means proceedings on an application under the Land Drainage Act 1991 ss 28 or 30: see the Agricultural
Land Tribunals Rules 1978 r 1(2).
Within one month of a copy of the report being served on him the applicant must serve a notice on the agricultural land tribunal
in this Form stating whether or not he agrees with the facts stated and the recommendations made in the report. The Agricultural
Land Tribunals Rules 1978 rr 16(1),(5), 17 apply to the notice as if it were an application: see ibid r 21(4).
16.
[3863]
191
Application for variation of an order concerning land drainage1
Form 14
rule 32
Ref. No.
To be inserted
by the Secretary.

Application for Variation of Order made under Land
Drainage Act 1976
for the
Area.
1. I,
[block capitals]
of
[address],
hereby apply to the Tribunal to vary its order2 dated the day of 19 . .
2. The order was made on * [my application]3 [the application of
[block capitals]
of
[address] ]
bearing the reference number
[3864]
3.
The variation for which I apply is:
4.
My main reasons for making this application are:
5.
I attach copies of the following documents which I intend to produce in support of my case( 1):
Date
Signed(2)
(1)
Two copies of this application and of any document which you wish to submit to the Tribunal must be sent to the Secretary, and,
if there are more than two parties, an additional copy of each must be supplied for each additional party.
(2)
[3865]
1
to agricultural land tribunals generally, see 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975. See also the
Land Drainage Act 1991 (22 Halsburys Statutes (4th Edn) LAND DRAINAGE AND IMPROVEMENT).
Any order made following a decision of an agricultural land tribunal in a drainage case may be varied, whether as to the time
within which any work is to be carried out or otherwise, and on an application to vary the order, which must be made in this
Form, the chairman may give all such directions as may be just: see the Agricultural Land Tribunals Rules 1978 r 32. Drainage
case means proceedings on an application under the Land Drainage Act 1991 ss 28 or 30: see the Agricultural Land Tribunals
Rules 1978 r 1(2).
For the prescribed form of application in a drainage case, see Form 188 [3850] ante.
16.
3
4
[3866]
192
Application for a direction giving entitlement to a tenancy of an agricultural holdingsuccession on death 1
Form 1 (Succession on Death)

Rule 3(1) and (2)
Ref. No.
To be inserted
by the secretary.

Application for Direction giving Entitlement to Tenancy of Agricultural Holding
Application for Determination that Applicant be Treated as an Eligible Person 2
[In completing this form it is important to refer to the notes]
PART ATo be completed by all applicants
for the
Area.
[3867]
1. I,
[block capitals]
of
[address]
hereby apply under section 20(1) of the Agriculture (Miscellaneous Provisions) Act 1976 for a direction entitling me to
a tenancy of the holding specified in paragraph 2 below.
2. The holding in respect of which the application is made is known as
and consists of:
(a)
);
(b)
);
(c)
);
(d)
);
TOTAL hectares
ANNUAL RENT
[3868]
3.
The current year of the tenancy of the holding expires on
4.
5.
The holding forms part of a larger agricultural unit known as and consisting of [give a general description]:
6.
The application arises on the death of
formerly the tenant of the holding referred to in paragraph 2, who died on (1)
His/her tenancy was
*(a)
granted before 12th July 1984.
*(b)
obtained on or after 12th July 1984 by virtue of a direction of the Agricultural Land Tribunal under section 20
of the 1976 Act.
*(c)
granted on or after 12th July 1984 following a direction of the Agricultural Land Tribunal under section 20 of
the 1976 Act but commenced before the relevant time for the purposes of section 23 of that Act.
*(d)
granted on or after 12th July 1984 by a written contract of tenancy indicating that the succession provisions in
Part II of the 1976 Act should apply.
*(e)
granted on or after 12th July 1984 to a person who, immediately before that date, was a tenant of the holding
or of any agricultural holding which comprised the whole or a substantial part of the land comprised in the
holding.
7. The landlord of the holding is

of
[address].
[3869]
8.
I am the sole person validly designated by the deceased tenant of the holding in his will as the person he
wished to succeed him as tenant of the holding. A copy of the relevant part of the will in which I am designated is
attached [attach a copy of or extract from the will marking the relevant passage](2).
9. (a)
I am the *wife/*husband/*brother/*sister/*child of the deceased tenant (3).
(b)
I was treated by the deceased tenant as a child of the family in relation to his marriage to
(4) on [give date of marriage].
10.(a)
During the seven years ending with the date of death of the deceased tenant my only or my principal source
of livelihood was derived from
*(i)
my agricultural work on the holding, or on an agricultural unit of which the holding forms a part;
*(ii)
his/his and my agricultural work on the holding, or on an agricultural unit of which the holding
forms a part;
during the following period(s) and in the following manner [give details of the way livelihood derived from
agricultural work on the holding](5):
*(b)
During the period(s) specified in paragraph 10(a) I had the following source(s) of livelihood other than those
derived from the holding or from an agricultural unit of which the holding forms a part [ give details of other
sources of livelihood]:
*(c)
[3870]
During the period(s) specified in paragraph 10(a) I had no other source of livelihood.
11.
During the seven years ending with the date of death of the deceased tenant I attended a full-time course at
[name of university, college or other establishment of further education] during the following period(s) [give details of
time spent at university, etc](5), (6):
During this period/these periods I studied the following subjects and obtained the following qualifications [ give details
of subjects studied and any qualifications obtained]:
12.(a)
The following agricultural land is occupied by me, my spouse or a company under my control, the control of
my spouse or our joint control as owner-occupier/tenant/licensee, whether alone or jointly with others [give
particulars of any land occupied, including area and any land occupied jointly with others](7):
(b)
The following agricultural land is occupied by a person under a licence or such a tenancy as is mentioned in
paragraph 2(1)(a) to (d) of Schedule 3A to the 1976 Act (8) granted by *me and/or *my spouse and/or *a
company controlled by me and/or my spouse together with one or more other persons, being at the time it
was granted a person or persons entitled to occupy the land otherwise than under a tenancy, or in a capacity,
falling within paragraph 2(1)(a) to (f) of that Schedule (8) [give particulars of any land occupied, including
area]:
[3871]
(c)
I apply under paragraph 4(2) of Schedule 3A to the 1976 Act for the net annual income from the following
agricultural land which is
*(i)
jointly occupied;
*(ii)
deemed by virtue of paragraph 6(2) of that Schedule to be jointly occupied;
by me and one or more other persons (not being only my spouse or a company under my control, the control
of my spouse or our joint control) to be treated as limited to my appropriate share of that net annual income
[give particulars of any land in joint occupation or deemed joint occupation](9):
13.
I was born on
14.
[3872]
I claim to be a suitable person to receive the tenancy of this holding because (10):
PART BTo be completed if you think that you may not fully satisfy the requirements of paragraph
10(a)
15.
Further to the application set out in the preceding paragraphs of this Form,
I,
[block capitals]
of the above address also apply under section 21(2) of the 1976 Act for a determination that I am to be treated as an
eligible person for the purposes of Part II of that Act(11).
16.(a)
During the seven years ending with the date of death of the deceased tenant my livelihood was derived from
*(i)
my agricultural work on the holding referred to in paragraph 2, or on an agricultural unit of which
the holding forms a part;
*(ii)
his/his and my agricultural work on the holding referred to in paragraph 2, or on an agricultural unit
of which the holding forms a part;
to a material extent during the following period(s) and in the following manner [give details of the extent to
which livelihood was derived from agricultural work on the holding] (12):
(b)
(c)
17. During the seven years ending with the date of death of the deceased tenant I attended a full-time course at
[name of university, college or other establishment of further education] during the following periods(s) [give details of
time spent at university, etc](6):
During this period/these periods I studied the following subjects and obtained the following qualifications
[give details of subjects studied and any qualifications obtained]:
18.
I claim that, because of the following circumstances, it is fair and reasonable for me to be able to apply under
section 20 of the 1976 Act for a direction entitling me to a tenancy of the holding referred to in paragraph 2 (13):
[3873]
PART CTo be completed by all applicants
19.
(a)
two(14) copies of a 6" to one mile or 1/10,000 (15) map of the holding described in paragraph 2 above (and of
the other land referred to in paragraph 5);
(b)
20.
(a)
(b)
(c)
(d)
The persons whom I shall notify of this application/these applications are (17):
the landlord of the holding whose name and address are:
21.(a)
The following is/are the personal representative(s) of the deceased tenant or [if there are no personal
representatives] the person or persons responsible for the management of the holding on behalf of the
deceaseds estate(18):
Names(s)
Address(es)
[3874]
(b)
Names(s)
The following person(s) is/are or may be interested in the outcome of this application (18):
Address(es)
Nature of interest
Date
Signed(19)
Notes:
(1)
Formal proof of the date of death will be required at the hearing.
(2)
This paragraph should be completed only if the applicant received a specific bequest of the deceaseds
tenancy under his will or is specifically named in the will as the person whom the deceased tenant wished to
succeed him as tenant of the holding. It will be necessary for a grant of probate or administration to be
obtained from the Family Division of the High Court in respect of the will before the tribunal can hear any
claim to be a designated applicant. Where an applicant establishes that he is so designated under the deceased
tenants will, no other application will be considered unless the tribunal determine that the designated
applicant is not an eligible person or is not a suitable person to become the tenant of the holding.
[3875]
(3)
Formal proof of the relationship to the deceased, eg, by production of marriage or birth certificates, may be
required at the hearing. Adopted children should complete this sub-paragraph, and not paragraph 9(b)
following.
(4)
Paragraph 9(b) may apply where the applicant was the step-child or foster child of the deceased or was
otherwise treated by him as his child. An outline should be given of the circumstances relied on as
establishing that the applicant was treated by the deceased as his child in relation to the marriage. Production
of the relevant marriage certificate and any relevant birth certificate may be required at the hearing.
(5)
To qualify under paragraph 10(a)(i) the applicant should have derived his only or principal source of
livelihood from his agricultural work on the holding (or on a larger unit of which the holding forms part)
during a total of five years of the seven years ending with the death of the deceased tenant. Paragraph 10(a)
(ii) is available only to a widow of the deceased tenant. The total of five years may be made up of one
continuous period, or one or more separate periods. A period of full-time education at a university etc, may, in
the circumstances set out in note (6), count towards the five-year period of earning a livelihood from the
holding, and reference should be made to paragraph 11 and note (6) in deciding whether the requirements of
this paragraph can be satisfied.
An applicant who cannot satisfy the requirements of paragraph 10(a) fully but who believes he can satisfy
them to a material extent should not complete paragraphs 10 and 11 but should complete instead paragraph
15, together with paragraphs 16, 17 (if relevant) and 18 in Part B of the Form. The Notes to those paragraphs
should also be consulted. Where an applicant is in any doubt as to whether or not he can satisfy the
requirements of paragraph 10 fully, he is advised to complete paragraphs 10 and 11 (if relevant) and Part B of
the Form.
[3876]
(6)
Any period or periods (up to an aggregate total of three years) during the seven years ending with the date of
death of the deceased tenant during which the applicant was attending a full-time course at a university,
college or other establishment of further education will be treated as a period throughout which his only or
principal source of livelihood was derived from his agricultural work on the holding. Any subject may have
been studied.
(7)
Land occupied by the applicants spouse or by a company controlled by that person or jointly by that person
and the applicant should not be included in paragraph 12 where either of the parties has obtained a decree of
judicial separation or a decree nisi of divorce or of nullity of marriage and in each case that decree remains
unrescinded. In addition, land should not be included in paragraph 12 if it is occupied by the applicant, his
spouse or a controlled company
(a)
under a tenancy approved under section 2(1) of the Agricultural Holdings Act 1948 or under such a
tenancy relating to the use of land for grazing or mowing as is referred to in the proviso to that
provision;
(b)
under a tenancy for more than one year but less than two years;
(c)
under a tenancy not falling within (a) or (b) above and not having effect as a contract of tenancy;
(d)
under a tenancy to which section 3 of the 1948 Act does not apply by virtue of section 3B of that
Act;
(e)
as a licensee; or
(f)
as an executor, administrator, trustee in bankruptcy or person otherwise deriving title from another
person by operation of law.
However, where the applicant occupies land in accordance with (a) to (e) above under a licence or tenancy
granted to him by his spouse or by a body corporate controlled by him, that land should be included in
paragraph 123.
[3877]
(8)
Paragraph 2(1)(a) to (f) of Schedule 3A to the Agriculture (Miscellaneous Provisions) Act 1976 is set out in
note (7).
(9)
If the applicant occupies land jointly with one or more other persons (not being only his spouse or a company
under the control of the applicant or his spouse or under their joint control), or if the applicant is deemed to
occupy land jointly with one or more such persons, he may in either case complete the application set out in
paragraph 12(c) of the Form for the net annual income which the land is or was capable of producing to be
treated as limited to his appropriate share.
(10)
All matters relied on as supporting the claim to be a suitable person to become the tenant of the holding
should be summarised. These should include details of the applicants training and practical experience of
agriculture, physical health, financial standing and any educational qualifications not already listed in
paragraph 11 or 17.
(11)
This paragraph should be completed (together with paragraphs 16, 17 (if relevant) and 18) in any case where
the applicant, while otherwise meeting the conditions contained in the definition of eligible person in
section 18(2) of the 1976 Act cannot fully satisfy the conditions as to deriving his principal or main source of
livelihood from the holding contained in paragraph (b) of that subsection. (It is also necessary for the
application set out in paragraph 1 of the Form to be completed in addition to completing this paragraph.) An
applicant who fully satisfies the requirements of paragraph 10(a) need not complete this paragraph or
paragraphs 16, 17 and 18.
[3878]
(12)
The applicant should state to what extent he has derived his livelihood from his agricultural work on the
holding (or on a larger unit of which the holding forms part) during a total of five years of the seven years
ending with the death of the deceased tenant. Paragraph 16(a)(ii) applies only to a window of the deceased
tenant. The total of five years may be made up of one continuous period, or one or more separate periods. A
period of full-time education at a university, etc, may in certain circumstances count in relation to the five
year period as a period in which a livelihood was derived from agricultural work on the holding, and
paragraph 17 should also be completed where relevant.
(13)
A summary should be given of matters relied on as establishing that it is fair and reasonable that the applicant
should be entitled to apply under section 20 of the 1976 Act for a tenancy of the holding, though not fully
satisfying the conditions specified in paragraph (b) of the definition of eligible person in section 18(2) of
that Act. The length of time the applicant has lived on the holding, details of work done by him on the
holding (apart from those already given in paragraph 16) and any special circumstances which have
prevented him from qualifying in full as an eligible person under paragraph (a) of the definition of eligible
person should be given. (Note (5) describes the requirements needed to qualify fully under paragraph (a) of
the definition.)
(14)
By virtue of rule 11(1) of the Agricultural Land Tribunals (Succession) Rules 1984 two copies of the
application and of any map and document must be sent to the secretary.
(15)
(16)
(17)
The applicant is required to send to the landlord of the holding, and to every other person who to his
knowledge has made or may be able to make an application for a tenancy of the holding, notice of this
application in Form 3 (Succession on Death) which is set out in the Appendix to the Agricultural Land
Tribunals (Succession) Rules 1984. The applicant should enter the name and address of the landlord at (a)
and the names and addresses of appropriate other persons (if any) respectively at (b), (c) and (d), etc
(18)
This information is required by rule 5(2) of those Rules.
(19)
If signed by any person other than the applicant himself, he should state in what capacity or by what authority
he signs.
[3879]
1
This is Form 1 of the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984/1301 r 2, Schedule,
Appendix, and is Crown copyright. Although in general a form substantially to the like effect will suffice, it is recommended that
the prescribed form is used without alteration or variation in any particular, including reproduction of the statutorily prescribed
notes which comprise part of the form. The form as reproduced here follows the precise wording of the prescribed form, but not
the exact layout and design. The Form refers to enactments which have been subsequently repealed and, in practice, it is supplied
upon request with annotations to this effect. Consequently, the Form, as reproduced here, refers to repealed enactments while the
footnotes refer to the current equivalent provisions.
See the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984, Schedule for the rules of procedure
relating to succession for agricultural land tribunals, which are to be cited as the Agricultural Land Tribunals (Succession) Rules
1984: see the Agricultural Land Tribunals (Succession) Rules 1984 r 1(1). As to agricultural land tribunals generally, see 1(2)
Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975.
Any eligible person may, within three months from the date of death, apply to an agricultural land tribunal for a direction
entitling him to a tenancy of an agricultural holding after the death of a sole (or sole surviving) tenant: see the Agricultural
Holdings Act 1986 ss 35, 36(1), 39(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) (formerly the Agriculture (Miscellaneous
Provisions) Act 1976 s 20 (repealed)). As to the meaning of eligible person, see the Agricultural Holdings Act 1986 s 36(3). As
to succession on death, see Paragraphs 387 [2291]398 [2326] ante.
An application under the Agricultural Holdings Act 1986 s 39 or the Agricultural Holdings Act 1986 s 41 or under both
provisions must be made in this form: see the Agricultural Land Tribunals (Succession) Rules 1984 r 3(1),(2) and, where
application is made under both provisions, it must be made at the same time and in the same form: see the Agricultural Land
Tribunals (Succession) Rules 1984 r 3(3). See also 1(2) Halsburys Laws (4th Edn Reissue) AGRICULTURE para 368 et seq.
As to the right of any surviving close relative of a deceased tenant who for some part of the seven years ending with the
date of death engaged whether full-time or part-time in agricultural work on the holding to apply for a direction to the tribunal,
see the Agricultural Holdings Act 1986 s 41.
See the Agricultural Land Tribunals Rules 1978 r 16(1)(4),(6),(7), applied by the Agricultural Land Tribunals (Succession)
Rules 1984 r 11(1).
[3880]
193
Reply to an application for a direction giving entitlement to a tenancy of an agricultural holdingsuccession on
death1
Form 1R (Succession on Death)

Rule 6
Ref. No.
To be inserted
by the secretary.

Reply to Application for Direction giving Entitlement to
Tenancy of Agricultural Holding2
Reply to Application for Determination that Applicant be
Treated as an Eligible Person3
for the
Area.
[3881]
I,
[block capitals]
of
[address]
landlord of
having received a copy of the application bearing the above reference number reply as follows:
1.
The facts stated in paragraphs 1, 2, 4 and 7 of the application are, to the best of my knowledge, information
and belief, correct except that:
2.
I dispute the claim of the applicant to be an eligible person (1) on the following grounds:
3.
I dispute the claim of the applicant to be treated as an eligible person (2) on the following grounds:
4.
I have the following comments on the suitability of the applicant to become the tenant of the above holding:
5.
I attach two copies of the following relevant documents (3):
6.
[3882]
I consider the application to be invalid by reason of(4):
Date
Signed(5)
TAKE NOTICE THAT IF YOU DO NOT REPLY IN THIS FORM WITHIN ONE MONTH OF THE DATE OF
SERVICE ON YOU OF THE ATTACHED APPLICATION, THEN, SUBJECT TO SECTION 20(7) OF THE
AGRICULTURE (MISCELLANEOUS PROVISIONS) ACT 1976, YOU WILL NOT BE ENTITLED AT THE
HEARING OF THE APPLICATION TO DISPUTE ANY MATTER ALLEGED IN IT.
Notes:
(1)
The paragraphs of the application which (where completed) will be relevant to the applicants claim to be an
eligible person are paragraphs 9, 10, 11 and 12.
(2)
The paragraphs of the application which (where completed) will be relevant to the applicants claim to be
treated as an eligible person are paragraphs 15, 16, 17 and 18.
(3)
By virtue of rule 11(1) of the Agricultural Land Tribunals (Succession) Rules 1984 two copies of this reply
and of any document which you wish to submit to the tribunal must be sent to the secretary. If you disagree
with any map or plan attached to the application, your reply should be accompanied by two copies of a 6" to
one mile or 1/10,000 (or larger) map showing what you consider to be the true position and marking the
(4)
If you consider that, for any reason, the applicant is not legally entitled to make his application, you should
state succinctly the grounds on which you rely.
(5)
If signed by any person other than the landlord himself, he should state in what capacity or by what authority
he signs.
[3883]
1
This is Form 1R of the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984/1301 r 2, Schedule
Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975. As to succession on death, see Paragraphs 387 [2291]398
[2326] ante.
A landlord of the relevant holding who intends to oppose the whole or any part of an application under the Agricultural Land
Tribunals (Succession) Rules 1984 r 3(1) must, within one month after a copy of the application has been served on him, reply to
it in this Form: see the Agricultural Land Tribunals (Succession) Rules 1984 r 6. Before making a determination as to whether an
applicant is in their opinion a suitable person, the tribunal must afford the landlord an opportunity of stating his views on the
suitability of the applicant: see the Agricultural Holdings Act 1986 ss 39(2),(7) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See note 2 above.
[3884]
194
Application for consent to the operation of a notice to quitsuccession on death1
Rule 4(1)

Ref. No.
To be inserted
by the secretary.

Application for Consent to Operation of Notice to Quit
for the
Area.
1. I,
[block capitals]
of
[address]
hereby apply under section 22(1) of the Agriculture (Miscellaneous Provisions) Act 1976 for the consent of the tribunal
to the operation of a notice to quit which I gave to
and
being the personal representative(s) of [block capitals]
decreased, formerly of
[address]
I was officially notified of his/her death by
on
[3885]
2. The notice to quit was served on
in respect of the holding known as
[insert date]
3. An application (bearing reference number ) to the tribunal under Part II of the 1976 Act for a tenancy of
this holding was made on
Full particulars of the holding are set out in that application (as amended in my reply to that application dated
).
4.
I apply for the tribunals consent to the operation of the notice to quit in the event of an applicant under the
application referred to in paragraph 3, or any other such applicant, being determined by the tribunal to be a suitable
person to become the tenant of the holding.
5.
The grounds upon which I make this application are those provided in paragraph(s) of section
3(3) of the Agricultural Holdings (Notices to Quit) Act 1976 as read with section 22(2) of the 1976 Act, as amended. [It
is important to refer to note (1).]
6.
The main facts on which I will base my case are:
7.
*(a)
*(b)
*(c)
[3886]
If I obtain possession of the land I intend:

to farm it myself.
to let it to another tenant [state name and address if known].
[state any other intention]
8.
The future tenant referred to in paragraph 7(b)(2) at present farms other land consisting of:
(a)
);
(b)
);
(c)
);
(d)
);
TOTAL
hectares
9.
(a)
(b)

two copies(3) of a 6" to one mile or 1/10,000(4) map of the land described in paragraph 8(5) above;
Two copies(3) of(6):
Date
Signed(7)
[3887]
Notes:
(1)
The applicant must state on which paragraph or paragraphs of the subsection he intends to rely. The five
paragraphs state as follows:
(a)
that the carrying out of the purpose for which the landlord proposes to terminate the tenancy is
desirable in the interests of good husbandry as respects the land to which the notice relates, treated
as a separate unit;
(b)
that the carrying out thereof is desirable in the interests of sound management of the estate of which
the land to which the notice relates forms part or which that land constitutes (see note (5) below);
(c)
that the carrying out thereof is desirable for the purposes of agricultural research, education,
experiment or demonstration, or for the purposes of the enactments relating to smallholdings or
allotments;
(d)
that greater hardship would be caused by withholding than by giving consent to the operation of the
notice;
(e)
that the landlord proposes to terminate the tenancy for the purpose of the lands being used for a
use, other than for agriculture, not falling within Case B in section 2(3) of the Agricultural Holdings
(Notices to Quit) Act 1976.
If, under paragraph (d) above, the applicant intends to rely on hardship to a person or persons other than
himself, he should set out in paragraph 6 the name of every person who will be so affected, and the
relationship of that person to himself, and should state the nature of the hardship on which he relies.
[3888]
(2)
Paragraph 8 need not be completed if the name of the future tenant is unknown. Where land is described, a
map should be provided (see note (5) below).
(3)
By virtue of rule 11(1) of the Agricultural Land Tribunals (Succession) Rules 1984 two copies of the
application and of any map and document must be sent to the secretary.
(4)
(5)
Where it is intended to give evidence about any land other than that which is the subject of the notice to quit,
it must be shown either on the map produced or on a separate map of a scale of 6" to one mile or 1/10,000 (or
larger).
(6)
(7)
he signs3.
This is Form 2 of the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984/1301 r 2, Schedule
1984: see the(Agricultural Land Tribunals (Succession) Rules 1984 r 1(1). As to agricultural land tribunals generally, see 1(2)
[2326] ante.
An application by a landlord of an agricultural holding under the Agricultural Holdings Act 1986 s 44 (1 Halsburys Statutes (4th
Edn) AGRICULTURE) for the consent of an agricultural land tribunal to the operation of a notice to quit must be in this Form: see
the Agricultural Land Tribunals (Succession) Rules 1984 r 4(1). Subject to the Agricultural Land Tribunals (Succession) Rules
1984 r 4(3),(4) the application may be made at any time after the landlord receives notice of an application under the
Agricultural Land Tribunals (Succession) Rules 1984 r 3(1).
See the Agricultural Land Tribunals Rules 1978 r 16(1)(4),(6),(7) applied by the Agricultural Land Tribunals (Succession)
Rules 1984 r 11(1).
[3889]
195
Reply to an application for consent to the operation of a notice to quitsuccession on death1
Rule 7
Form 2R (Succession on Death)

Ref. No.
To be inserted
by the secretary.

Reply to Application for Consent to Operation of Notice to Quit2
for the
Area.
[3890]
I,
[block capitals]
of
[address]
having applied to the tribunal on for a direction entitling me to a tenancy of
and having received a copy of the application (bearing the above reference number) for the tribunals consent to the
operation of a notice to quite, reply as follows:
1.
2.
3.
The landlord is not acting fairly and reasonably because(1):
4.
I attach copies of the following relevant documents (2):
Date
Signed(3)
SERVICE ON YOU OF THE ATTACHED APPLICATION BY THE LANDLORD OF THE HOLDING FOR THE
TRIBUNALS CONSENT TO THE OPERATION OF THE LANDLORDS NOTICE TO QUIT, THE TRIBUNAL
MAY GIVE THAT CONSENT SUMMARILY AND SUMMARILY DISMISS YOUR OWN APPLICATION TO BE
GRANTED A TENANCY OF THE HOLDING, WITHOUT HEARING YOUR CASE.
Notes:
(1)
The tribunal must withhold consent if, in all the circumstances, it appears that a fair and reasonable landlord
would not insist on possession. If you have any special reasons for saying the landlord is acting unfairly or
unreasonably which do not appear under paragraph 2, you should state them under paragraph 3.
[3891]
(2)
By virtue of rule 11(1) of the Agricultural Land Tribunals (Succession) Rules 1984 two copies of the reply
and of any document which you wish to submit to the tribunal must be sent to the secretary.
If you disagree with any map or plan attached to the application, your reply should be accompanied by two
copies of a 6" to one mile or 1/10,000 (or larger) map showing what you consider to be the true position and
marking the Ordnance Survey Field Numbers.
(3)
he signs3.
This is Form 2R of the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984/1301 r 2, Schedule,
[2326] ante.
An applicant who intends to oppose an application to an Agricultural Land Tribunal for consent to the operation of a notice to
quit must, within one month after a copy of the application has been served on him, reply to it in this Form: see the Agricultural
Land Tribunals (Succession) Rules 1984 r 7.
Rules 1984 r 11(1).
[3892]
196
Notice of application for entitlement to a tenancysuccession on death1

Rule 5(1)
Ref. No.
To be inserted
by the secretary.

Notice of Application for Entitlement to Tenancy under Part II of the
Agriculture (Miscellaneous Provisions) Act 19762
To:
[name]
of
[address]
[3893]
I,
[block capitals]
of
[address]
hereby give you notice that I applied on
[date of application]
under Part II of the above-named Act for a direction entitling me to a tenancy of the agricultural holding known as
[address or brief description of holding] in succession to
[name of deceased tenant of the holding] who died on
Dated
Signed
A copy of the full application will in due course be sent to the landlord and any other applicants by the secretary to the
tribunal.
1
[2326] ante.
An applicant under the Agricultural Land Tribunals (Succession) Rules 1984 r 3(1) must, at the time of making his application,
serve notice of the application in this Form on the landlord and on any person who, to the applicants knowledge, has made or
may be able to make an application under the Agricultural Land Tribunals (Succession) Rules 1984 r 3(1), and must inform the
agricultural land tribunal in his application of the name and address of the person to be notified by him: see the Agricultural
Land Tribunals (Succession) Rules 1984 r 5(1).
[3894]
197
death1
Rule 8

Ref. No.
To be inserted
by the secretary.

Reply to Application for Direction giving Entitlement to Tenancy
of Agricultural Holding2
for the
Area.
[3895]
I,
[block capitals]
of
[address]
having received a copy of the application3 of
(hereinafter called the applicant) bearing the above reference number, reply as follows:
1.
The facts stated in the first seven paragraphs of the application are correct except that:
2.
OR
*I accept the applicants claim to be a designated applicant, as stated in paragraph 8 of the application.
*I dispute the applicants claim to be a designated applicant, as stated in paragraph 8 of the application, on
the following grounds:
3.
I do not dispute any of the matters stated in paragraphs 913, 16, and 17 of the application except that:
4.
I claim to be a more suitable person than the applicant to be granted a tenancy of the holding; and I base this
claim on the following grounds:
5.
The applicant and I (and ) have agreed to request the landlords consent
to a direction entitling us to a joint tenancy of the holding.
Date
Signed
[3896]
1
This is Form 4 of the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984/1301 r 2, Schedule,
[2326] ante.
An applicant under the Agricultural Land Tribunals (Succession) Rules 1984 r 3(1) who intends to oppose an application under
ibid r 3(1) by any other person must, within one month after the expiry of the relevant period, reply to that application in this
Form: see the Agricultural Land Tribunals (Succession) Rules 1984 r 8(1). The relevant period means the period of three
months beginning with the day after the date of death: see the Agricultural Land Tribunals (Succession) Rules 1984 r 2(1).
For the prescribed form of application for a direction giving entitlement to a tenancy on succession on death, see Form 192
[3867] ante.
[3897]
198
Application for a direction giving entitlement to a tenancy of an agricultural holdingsuccession on retirement 1
Form 5 (Succession on Retirement)

Rule 23(1)
Ref. No.
To be inserted
by the secretary.

Application for Direction giving Entitlement to Tenancy of Agricultural Holding 2
[In completing this form it is important to refer to the notes]
for the
Area.
1. I,
[block capitals]
of
[address]
hereby apply under paragraph 5(1) of Schedule 2 to the Agricultural Holdings Act 1984 for a direction entitling me to a
tenancy of the holding specified in paragraph 2 below.
[3898]
2. The holding in respect of which the application is made is known as
and consists of:
(a)
(b)
(c)
(d)
TOTAL
hectares
ANNUAL RENT
3. The current year of the tenancy of the holding expires on
4. The holding includes the following buildings [give a general description]:
5. The holding forms part of a larger agricultural unit known as and consisting of [give a general description]:
6. The landlord of the holding is
of
[address]
The tenant(s) of the holding is/are
of
[address(es)].
[3899]
7. This application arises as a result of a retirement notice given by the tenant(s) to the landlord on
8.
I am the nominated successor.
9. (a)
I am the *wife/*husband/*brother/*sister/*child of the tenant [where there is more than one tenant, specify
which](1).
I am treated by the tenant [where there is more than one tenant, specify which] as a child of the family in
relation to his marriage to (2) on [give date of marriage].
(b)
10.(a)
During the seven years ending with the date on which the tenant(s) gave the retirement notice to the landlord
my only or principal source of livelihood was derived from
*(i)
my agricultural work on the holding, or on an agricultural unit of which the holding forms a part;
*(ii)
the tenants/the tenants and my [where there is more than one tenant, specify which] agricultural
work on the holding, or on an agricultural unit of which the holding forms a part;
during the following period(s) and in the following manner [give details of the way livelihood derived from
agricultural work on the holding](3):
*(b)
*(c)
[3900]
11. During the seven years ending with the date on which the tenant(s) gave the retirement notice to the landlord I
attended a full-time course at
[name of university, college or other establishment of further education] during the following period(s) [give details of
time spent at university, etc](4):
During this period/these periods I studied the following subjects and obtained the following qualifications [ give details
of subjects studied and any qualifications obtained]:
12.(a)
The following agricultural land is occupied by me, my spouse or a company under my control, the control of
my spouse or our joint control as owner-occupier/tenant/licensee, whether alone or jointly with others [give
particulars of any land occupied, including area and any land occupied jointly with others](5):
(b)
The following agricultural land is occupied by a person under a licence or such a tenancy as is mentioned in
paragraph 2(1)(a) to (d) of Schedule 3A to the Agriculture (Miscellaneous Provisions) Act 1976 (6) granted by
*me and/or *my spouse and/or *a company controlled by me and/or my spouse together with one or more
other persons, being at the time it was granted a person or persons entitled to occupy the land otherwise than
under a tenancy, or in a capacity, falling within paragraph 2(1)(a) to (f) of that Schedule (6) [give particulars
of any land occupied including area]:
(c)
I apply under paragraph 4(2) of Schedule 3A to the 1976 Act, as applied by paragraph 1(4)(b) of Schedule 2
to the 1984 Act, for the net annual income from the following agricultural land which is
*(i)
jointly occupied;
*(ii)
deemed by virtue of paragraph 6(2) of the said Schedule 3A, as applied by the said paragraph 1(4)
(b), to be jointly occupied;
by me and one or more other persons (not being only my spouse or a company under my control, the control
of my spouse or our joint control) to be treated as limited to my appropriate share of that net annual income
[give particulars of any land in joint occupation or deemed joint occupation](7):
[3901]
13. I was born on

14. I claim to be a suitable person to receive the tenancy of this holding because (8):
15. I attach the following documents which I intend to produce in support of my case:
(a)
two(9) copies of a 6" to one mile or 1/10,000 (10) map of the holding described in paragraph 2 above (and of
the other land referred to in paragraph 5);
(b)
two(9) copies of the retirement notice;
(c)
16.
I shall notify the landlord of this application(12).
Date
Signed(13)
Signature of retiring tenant(s)

[3902]
Notes
(1)
Formal proof of the relationship to the tenant, eg, by production of marriage or birth certificates, may be
required at the hearing. Adopted children should complete this sub-paragraph, and not paragraph 9(b)
following.
(2)
Paragraph 9(b) may apply where the applicant is the step-child or foster child of the tenant or is otherwise
treated by him as his child. An outline should be given of the circumstances relied on as establishing that the
applicant is treated by the tenant as his child in relation to the marriage. Production of the relevant marriage
certificate and any relevant birth certificate may be required at the hearing.
(3)
To qualify under paragraph 10(a)(i) the applicant should have derived his only or principal source of
livelihood from his agricultural work on the holding (or on a larger unit of which the holding forms part)
during a total of five years of the seven years ending with the date on which the tenant(s) gave the landlord
the retirement notice. Paragraph 10(a)(ii) is available only to a tenants wife. The total of five years may be
made up of one continuous period, or one or more separate periods. A period of full-time education at a
university etc, may, in the circumstances set out in note (4), count towards the five-year period of earning a
livelihood from the holding, and reference should be made to paragraph 11 and note (4) in deciding whether
the requirements of this paragraph can be satisfied.
(4)
Any period or periods (up to an aggregate total of three years) during the seven years ending with the date on
which the tenant(s) gave the retirement notice to the landlord during which the applicant was attending a fulltime course at a university, college or other establishment of further education will be treated as a period
throughout which his only or principal source of livelihood was derived from his agricultural work on the
holding. Any subject may have been studied.
[3903]
(5)
Land occupied by the applicants spouse or by a company controlled by that person or jointly by that person
and the applicant should not be included in paragraph 12 where either of the parties has obtained a decree of
judicial separation or a decree nisi of divorce or of nullity of marriage and in each case that decree remains
unrescinded. In addition, land should not be included in paragraph 12 if it is occupied by the applicant, his
spouse or a controlled company
(a)
under a tenancy approved under section 2(1) of the Agricultural Holdings Act 1948 or under such a
tenancy relating to the use of land for grazing or mowing as is referred to in the proviso to that
provision;
(b)
under a tenancy for more than one year but less than two years;
(c)
under a tenancy not falling within (a) or (b) above and not having effect as a contract of tenancy;
(d)
under a tenancy to which section 3 of the 1948 Act does not apply by virtue of section 3B of that
Act;
(e)
(f)
as a licensee; or
as an executor, administrator, trustee in bankruptcy or person otherwise deriving title from another
person by operation of law.
However, where the applicant occupies land in accordance with (a) to (e) above under a licence or tenancy
granted to him by his spouse or by a body corporate controlled by him, that land should be included in
paragraph 12.
(6)
Paragraph 2(1)(a) to (f) of Schedule 3A to the Agriculture (Miscellaneous Provisions) Act 1976 is set out in
note (5).
(7)
If the applicant occupies land jointly with one or more other persons (not being only his spouse or a company
under the control of the applicant or his spouse or under their joint control), or if the applicant is deemed to
occupy land jointly with one or more such persons, he may in either case complete the application set out in
paragraph 12(c) of the Form for the net annual income which the land is or was capable of producing to be
treated as limited to his appropriate share.
[3904]
(8)
All matters relied on as supporting the claim to be a suitable person to become the tenant of the holding
should be summarised. These should include details of the applicants training and practical experience of
agriculture, physical health, financial standing and any educational qualifications not already listed in
paragraph 11.
(9)
By virtue of rule 28 of the Agricultural Land Tribunals (Succession) Rules 1984 two copies of the application
and of any map and document must be sent to the secretary.
(10)
(11)
(12)
The applicant is required to send to the landlord of the holding notice of this application in Form 6
(Succession on Retirement) which is set out in the Appendix to the Agricultural Land Tribunals (Succession)
Rules 1984.
(13)
he signs3.
[3905]
1
Halsburys Laws (4th Edn Reissue) AGRICULTURE paras 971975. As to succession on retirement, see Paragraphs 399 [2336]
411 [2362] ante.
An application by the nominated successor to the tribunal under the Agricultural Holdings Act 1986 s 53(1) (1 Halsburys
Statutes (4th Edn) AGRICULTURE) for a direction entitling him to a tenancy of an agricultural holding must be made in this
Form: see the Agricultural Land Tribunals (Succession) Rules 1984 r 23(1).
Rules 1984 r 11(1).
[3906]
199
retirement1
Form 5R (Succession on Retirement)
Rule 25
Ref. No.
To be inserted
by the secretary.

Reply to Application for Direction giving Entitlement to
Tenancy of Agricultural Holding2
for the
Area.
I,
[block capitals]
of
[address]
landlord of
having received a copy of the application bearing the above reference number reply as follows:
[3907]
1.
The facts stated in paragraphs 1, 2, 4, 6 and 7 of the application are, to the best of my knowledge, information
and belief, correct except that:
2.
I dispute the claim of the applicant to be an eligible person (1) on the following grounds:
3.
I have the following comments on the suitability of the applicant to become the tenant of the above holding:
4.
I claim that greater hardship would be caused by the tribunal giving the direction sought by the applicant than
by refusing his application and my reasons for this claim are:
5.
The tenancy is the subject of a notice to quit under Case *B/*C/*D/*E/*F 3 served on
[date].
[For Case C only] The notice to quit is founded on a certificate granted in accordance with an application
made on [date].
[For Case D only] The notice to quit is founded notice given for the purposes of that Case on
[date].
6.
I attach two copies of the following relevant documents (2):
7.
I consider the application to be invalid by reason of(3):
Date
Signed(4)
[3908]
SERVICE ON YOU OF THE ATTACHED APPLICATION, THEN, SUBJECT TO PARAGRAPH 5(5) OF
SCHEDULE 2 TO THE AGRICULTURAL HOLDINGS ACT 1984, YOU WILL NOT BE ENTITLED AT THE
HEARING OF THE APPLICATION TO DISPUTE ANY MATTER ALLEGED IN IT.
Notes:
(1)
The paragraphs of the application which (where completed) will be relevant to the applicants claim to be an
eligible person are paragraphs 9, 10, 11 and 12.
(2)
By virtue of rule 28 of the Agricultural Land Tribunals (Succession) Rules 1984 two copies of this reply and
of any document which you wish to submit to the tribunal must be sent to the secretary. If you disagree with
any map or plan attached to the application, your reply should be accompanied by two copes of a 6" to one
mile or 1/10,000 (or larger) map showing what you consider to be the true position and marking the Ordnance
Survey Field Numbers.
(3)
If you consider that, for any reason, the applicant is not legally entitled to make his application, you should
state succinctly the grounds on which you rely.
(4)
If signed by any person other than the landlord himself, he should state in what capacity or by what authority
he signs4.
[3909]
1
This is Form 5R of the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984/1301 r 2, Schedule
411 [2362] ante.
A landlord who intends to oppose the whole or any part of an application under the Agricultural Land Tribunals (Succession)
Rules 1984 must, within one month after a copy of the application has been served on him, reply in this Form: see the
Agricultural Land Tribunals (Succession) Rules 1984 r 25.
As to Cases BF, see Paragraphs 380 [2277]384 [2283] respectively ante.
Rules 1984 r 11(1).
3
4
[3910]
200
Notice of application for entitlement to a tenancysuccession on retirement 1
Form 6 (Succession on Retirement)

Rule 24
Ref. No.
To be inserted
by the secretary.

Notice of Application for Entitlement to Tenancy under Schedule 2
to the Agricultural Holdings Act 19842
To:
[name]
of
[address]
[3911]
I,
[block capitals]
of
[address]
hereby give you notice that I applied on
[date of application]
under Schedule 2 to the above-named Act for a direction entitling me to a tenancy of the agricultural holding known as
[address or brief description of holding] in succession to
[name of present tenant(s) of the holding]
who served on you his/their retirement notice on
Dated
Signed
A copy of the full application will in due course be sent to you by the secretary to the tribunal.
1
the prescribed form is used without alteration or variation in any particular. The form as reproduced here follows the precise
wording of the prescribed form, but not the exact layout and design. The Form refers to enactments which have been
subsequently repealed and, in practice, it is supplied upon request with annotations to this effect. Consequently, the Form, as
reproduced here, refers to repealed enactments while the footnotes refer to the current equivalent provisions.
411 [2362] ante.
The nominated successor must at the time of making his application under the Agricultural Land Tribunals (Succession) Rules
1984 r 23(1) serve notice of the application in Form 6 on the landlord: see the Agricultural Land Tribunals (Succession) Rules
1984 r 24. See the Agricultural Holdings Act 1986 ss 4958 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[3912]
201
Demand for arbitration, following a direction by an agricultural land tribunal for grant of a new tenancy, of
variations in the terms and conditions of the new tenancy and/or the rent1
DEMAND FOR ARBITRATION OF TERMS

To:
of:
(name of landlord or tenant)

(address)

WHEREAS the Agricultural Land Tribunal for the Area on (date) gave a direction entitling [me (or)
you] to a tenancy of the above holding
TAKE NOTICE that I, (name of tenant or landlord) of (address), demand a reference to arbitration under the
Agricultural Holdings Act 1986 section 48(3) of the following question[s]:
[3913]
[1
What variation[s] in the terms of the tenancy [to] which [I (or) you] as applicant [[am (or) are] entitled (or)
have obtained] by virtue of the direction [is (or) are] justifiable having regard to the circumstances of the
above holding and the length of time since the above holding was first let on those terms]
[2
What rent should [be (or) have been] properly payable in respect of the above holding at the relevant time as
defined by the Agricultural Holdings Act 1986 Section 46(1)2]
Dated:
Signed:
1
This demand may be made by either the landlord or the tenant. It must be made within the prescribed period, ie the period
between the giving of the direction and either the end of 3 months immediately following the relevant time (as to which see note
2 below) or the end of the 3 months immediately following the date of the giving of the direction, whichever is the later: see the
Agricultural Holdings Act 1986 s 48(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The demand may refer to one or both
of the questions set out in this Form: see the Agricultural Holdings Act 1986 s 48(3),(4).
The relevant time means the end of 12 months immediately following the end of the year of the tenancy in which the deceased
died, unless a notice to quit under the Agricultural Holdings Act 1986, Sch 3 Pt I Case G was given to the tenant, which apart
from ibid s 43 would have determined the tenancy at a time after the end of those 12 months, in which case the relevant time is
when the tenancy would have ended but for the Agricultural Holdings Act 1986 s 43: see ibid s 46(1).
[3914]
202
Notice of the hearing of an application to an agricultural land tribunal1
Form 13
rule 23(4)

Notice of Hearing
Land at:
Applicant/s:
Respondent/s:
TAKE NOTICE that the HEARING of the APPLICATION in respect of the above named Holding will be held on
at
commencing at
Dated
19
Signed
(Secretary of the Tribunal)
[3915]
NOTE TO PARTIES
You may find of assistance the following note of rules of evidence and procedure, which apply to this hearing and
which are contained in the Agricultural Land Tribunals Rules 1978.
1.
Rules of Evidence
(a)
Any evidence may be admitted by the tribunal, including evidence that would not be admissible in a court of
law.
(b)
Evidence before the tribunal may be given

(i)
orally, on oath or on affirmation or otherwise,
(ii)
by affidavit, if the parties consent, or
(iii)
by means of written statements produced by the maker when giving evidence or, if the tribunal
consent, by another witness.
If evidence is tendered in the form of a written statement, four copies of the statement should be available at
the hearing for the tribunal and two copies for the other parties.
(c)
At any stage of the proceedings the tribunal may, of their own motion or on the application of any party, order
the personal attendance of the maker of any written statement for examination and cross-examination 2.
(d)
The secretary may require a party to give to the tribunal documents or other information, and to afford to all
other parties an opportunity to inspect such documents, or copies of them, and to take copies of them 3.
If the parties intend to produce documents at the hearing, they should if possible agree them beforehand, list them in
order and put them into one agreed bundle. Four copies of this bundle should be available if possible for the use of the
tribunal.
(e)
The tribunal may, after giving notice to all parties and to any other occupier of the land, enter and inspect any
agricultural holding owned or occupied by any party, whether the holding is the subject of the proceedings or not, and
may inspect any fixed or other equipment, produce or livestock thereon 4.
[3916]
2.
Procedure at the Hearing
(a)
The tribunal sit in public unless exceptional circumstances make it desirable that the hearing, or some part of
it, should take place in private5.
(b)
A party may appear and be heard in person or by counsel or solicitor or by a representative appointed in
writing6.
(c)
The party making the application will begin and the other parties will be heard in such order as the tribunal
may determine7.
3.
Witnesses
(a)
Each party will be given an opportunity to call and cross-examine witnesses, and a party may if he wishes
give evidence as a witness on his own behalf.
The tribunal may call witnesses, who may after giving evidence be cross-examined by any party 8.
(b)
(c)
The provisions of the County Court Rules 1936, as amended, as to the issue of witness summonses (Order 20,
rule 8)9 apply for the purposes of any proceedings before the tribunal 10. Under these Rules, a party desiring a person to
be summoned as a witness must apply to the county court registrar by filling in the prescribed form in the county court
office.
4.
Default of Appearance
If a party fails to appear at the time fixed for the hearing, the tribunal may
(i)
dismiss the application where the party failing to appear is the applicant, or
(ii)
proceed in any other case to determine the application in the partys absence, if satisfied that the party failing
to appear has been afforded an adequate opportunity of attending 11.
[3917]
1
2
3
4
5
6
7
8
9
10
11
The secretary of the agricultural land tribunal must send to every party notice in this Form of the date, time and place of
any hearing which, except with the consent of the parties, shall not be earlier than 14 days after the date on which the notice is
sent: see the Agricultural Land Tribunals Rules 1978 r 23(4).
See the Agricultural Land Tribunals Rules 1978 r 28.
See the Agricultural Land Tribunals Rules 1978 r 29(1),(2).
See the CCR 1981 Ord 20 r 12.
[3918]
203
Request to an agricultural land tribunal for reference of a question of law to the High Court 1
Ref:
(insert details)
To:
the Secretary of the Agricultural Land Tribunal for the
Area
AGRICULTURE (MISCELLANEOUS PROVISIONS) ACT 1954 SECTION 6

WHEREAS I have received a copy of the Tribunals decision with regard to the above holding sent to me on (date)
under the above reference
NOW I (name of landlord or tenant) of (address) request the tribunal, pursuant to the Agriculture (Miscellaneous
Provisions) Act 1954 section 6, to refer to the High Court the following question[s] of law:
[3919]
(set out in exact terms the question(s) of law to be referred to the High Court)
Dated:
Signed:
Any question of law arising in the course of proceedings before an agricultural land tribunal may, at the request of any party to
the proceedings, be referred by the tribunal to the High Court for decision, whether before or after the tribunal have given their
decision in the proceedings: see the Agriculture (Miscellaneous Provisions) Act 1954 s 6(1) (1 Halsburys Statutes (4th Edn)
AGRICULTURE). A request for the reference to the High Court of a question of law arising in the course of proceedings before
the tribunal must, unless made at the time of the hearing, be made in writing to the secretary not later than 14 days from the date
on which a copy of the tribunals decision was sent to the party making the request, and must be accompanied by as many copies
of the request as there are other parties: see the Agricultural Land Tribunals (Rules) Order 1978/259, Schedule r 33(1).
If a tribunal refuses the request for the reference to the High Court of a question of law, the secretary must, not later than 14
days from the date of receipt of the request, notify all parties of the refusal and, if the party making the request, being aggrieved
by the refusal, intends to apply to the High Court for an order directing the tribunal to refer the question of law to the High
Court, he must within 7 days after receiving notice of refusal serve on the secretary notice in writing of the intended application
with as many copies as there are other parties: see the Agricultural Land Tribunals (Rules) Order 1978/259, Schedule r 33(2).
[3920]
204
Notice to an agricultural land tribunal of intention to apply to the High Court for an order directing the tribunal
to refer question of law to the High Court1
Ref:
(insert details)
To:
Area
AGRICULTURE (MISCELLANEOUS PROVISIONS) ACT 1954 SECTION 6

WHEREAS I have received from you the notification dated (date of notification) of the Tribunals refusal of my request
dated (date of request)
NOW I (name of landlord or tenant) of (address) give you notice pursuant to the Agriculture (Miscellaneous
Provisions) Act 1954 section 6 and the regulations made under that Act that I intend to apply to the High Court for an
order directing the Tribunal to refer to the High Court the question[s] of law set out in my request
Dated:
Signed:
1
If a tribunal refuses the request for the reference to the High Court of a question of law, the secretary must, not later than 14 days
from the date of receipt of the request, notify all parties of the refusal and, if the party making the request, being aggrieved by the
refusal, intends to apply to the High Court for an order directing the tribunal to refer the question of law to the High Court, he
must within 7 days after receiving notice of refusal serve on the secretary notice in writing of the intended application with as
many copies as there are other parties: see the Agricultural Land Tribunals (Rules) Order 1978/259, Schedule r 33(2).
[3921][3950]
F: IMPROVEMENTS AND COMPENSATION CLAIMS

205
Checklist relating to claims by a tenant for compensation for improvements 1
Old improvements for which compensation is payable2 (ie those begun before 1 March 1948)
1.1
Erection, alteration or enlargement of buildings;
1.2
Formation of silos;
1.3
Making a planting of osier beds;
1.4
Making of water meadows or works of irrigation;
1.5
Making of gardens;
1.6
Making or improvements of roads or bridges;
1.7
Making or improvements of watercourses, ponds, walls or reservoirs or of works for the application of water
power or for supply of water for agricultural or domestic purposes;
[3951]
1.8
Making or removal of permanent fences;
1.9
Planting of hops;
1.10
Planting of orchards or fruit bushes;
1.11
Reclaiming of waste land;
1.12
Warping or weiring of land;
1.13
Embankments and sluices against floods;
1.14
Erection of wireworks in hop gardens;
1.15
Provision of permanent sheep-dipping accommodation;
1.16
Drainage3.
Rules for entitlement to compensation: old improvements
2.1
Entitlement arises on the tenant quitting a holding as defined in the Agricultural Holdings Act 1923 (or
deemed to have been one under section 33 of that Act4) on termination of his tenancy.
2.2
The landlords prior consent in writing, whether conditional or otherwise, must have been given to the
improvements (except in the case of drainage) 5.
2.3
Except where the tenant was required to carry out the improvements under the terms of a tenancy agreement
before 1 January 1921, the right to compensation applies whether or not the tenant was under an obligation to
carry out the improvements 6.
[3952]
2.4
The tenant may as an alternative to claiming compensation under the 1986 Act claim compensation under
custom, agreement or otherwise 7.
2.5
Compensation for drainage improvements is not payable unless the tenant gave the landlord not more than 3
or not less than 2 months written notice under the Agricultural Holdings Act 1923 8, before beginning to
execute the improvement, of his intention to execute the improvement and the manner of its execution 9. The
manner of its execution must have been agreed between the parties or the landlord must have failed, within a
reasonable time, to exercise his right to carry out the improvement himself 10.
Measure of statutory compensation: old improvements
3.1
The amount of compensation is an amount equal to the increase in the value of the holding as a holding
attributable to the improvement having regard to:
3.1.1
the character and situation of the holding; and
3.1.2
the average requirements of tenants reasonably skilled in husbandry11.
3.2
Where the landlords consent was given on agreed terms as to compensation, that compensation must be
substituted for the statutory compensation 12.
3.3
A deduction must be made for any benefit allowed or given by the landlord to the tenant for executing the
improvement13.
[3953]
4
Relevant improvements for which compensation is payable (ie those begun on or after 1 March
1948)14:
4.1
Long-term improvements for which landlords consent required: Schedule 7 Part I.

4.1.1
Making or plating of osier beds.
4.1.2
Making of water meadows.
4.1.3
Making of watercress beds.
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
4.2
Planting of hops.
Planting of orchards or fruit bushes.
Warping or weiring of land.
Making of gardens.
Provision of underground tanks.
Long-term improvements for which landlords consent or approval of tribunal required: Schedule 7 Part II.
4.2.1
Erection, alteration or enlargement of buildings, and making or improvement of permanent yards.
4.2.2
Carrying out works in compliance with an improvement notice served, or an undertaking accepted
under the Housing Act 1974 or the Housing Act 198515.
4.2.3
Erection or construction of loading platforms, ramps, hard standings for vehicles or other similar
facilities.
4.2.4
Construction of silos.
4.2.5
Claying of land.
4.2.6
Carling of land.
4.2.7
Making or improvement of roads or bridges.
[3954]
4.2.8
4.2.9
4.2.10
4.2.11
4.2.12
4.2.13
4.2.14
4.2.15
4.2.16
4.2.17
4.2.18
4.2.19
4.2.20
4.3
Making or improvement of water courses, culverts, ponds, wells or reservoirs, or of works for the
application of water power for agricultural or domestic purposes or of works for the supply,
distribution or use of water for such purposes (including the erection or installation of an structures
or equipment which form part of or are to be used for or in connection within operating any such
works.
Making or removal of permanent fences.
Reclaiming of waste land.
Making or improvement of embankment or sluices.
Erection of wirework for hop gardens.
Provision of permanent sheep-dipping accommodation.
Removal of bracken, gorse, tree roots, boulders or other like obstructions to cultivation.
Land drainages (other than mole drainage and works carried out to secure its efficient functioning).
Provision or laying on of electric light or power.
Provision of facilities for the storage or disposal of sewage or farm waste.
Repairs to fixed equipment, being equipment reasonably required for the proper farming of the
holding, other than repairs which the tenant is under an obligation to carry out.
The grubbing up of orchards or fruit bushes.
Planting trees otherwise than as an orchard and bushes other than fruit bushes.
Short term improvements for which no consent required: Schedule 8 Part I

4.3.1
Mole drainage and works carried out to secure its efficient functioning.
4.3.2
Protection of fruit trees against animals.
4.3.3
Clay burning.
4.3.4
Liming (including chalking) of land.
4.3.5
Application to land of purchases manure and fertilizer, whether organic or inorganic.
4.3.6
Consumption on the holding or corn (whether produced on the holding or not) or of cake or other
feeding stuff not produced on the holding by horses, cattle, sheep, pigs or poultry.
[3955]
Rules for entitlement to compensation: relevant improvements
5.1
Improvements under Schedule 7 Part I:

5.1.1
The landlords consent in writing must have been given (whether conditional or otherwise) 16.
5.1.2
The statutory provision as to the amount of compensation is subject to any written agreement
between the parties17.
5.2
Improvements under Schedule 7 Part II

5.2.1
The landlords consent in writing must have been given (whether conditional or otherwise) or the
tribunals approval must be obtained (see sub-paragraph 5.2.3 below) 18 .
5.2.2
The statutory provision as to the amount of compensation is subject to any written agreement
between the parties19 .
5.2.3
Where, on the application of the tenant, the landlord refuses his consent or gives consent on terms
the tenant considers are unacceptable, the tenant may apply to an agricultural land tribunal for its
approval to the carrying out of the improvement 20. The tribunal may withhold their approval or
give their approval unconditionally or subject to conditions 21. If the tribunal grant approval, the
landlord has the right within one month from receiving notification of the tribunals decision to
serve on the tribunal and the tenant written notice of the landlords proposal to carry out the
improvement himself22 and must then carry out the improvement within a reasonable time. If the
landlord does not then do so, the tenant may apply to the tribunal for a determination that the
landlord has failed to do so23.
[3956]
5.2.4
5.3
Approval by the tribunal under circumstances described in clause 5.2.3 above where the landlord
does not give due notice of his proposal to carry out the improvement has the same effect as if the
landlord had given written consent24.
Improvements under Schedule 8 Part I:

5.3.1
No requirement of notification or consent of the landlord, other than for mole drainage and
consequential works25.
5.3.2
For mole drainage and consequential works, the tenant must give at least one months prior written
notice to the landlord of his intention to carry out the improvement 26.
5.3.3
No compensation is payable for mole drainage and consequential works effected for the purpose of
the tenants obligation to return the value of crops sold off or removed and to protect the holding
from injury and deterioration when he exercises his statutory rights as to disposal of produce and
cropping27.
[3957]
Measure of statutory compensation: relevant improvements
6.1
For improvements within Schedule 7 Parts I and II, the measure of compensation is as for improvements
begun before 1 March 1948 (see paragraph 3 above) 28.
6.2
For improvements within Schedule 8 Part I, the measure of compensation is the value of improvement or
matter to an incoming tenant29.
Statutory compensation pursuant to Section 69
In addition to compensation for improvements carried out by the tenant and listed above, the tenant is entitled to
compensation for improvements in respect of which the tenant on entering into occupation, with the landlords consent,
paid statutory compensation to the outgoing tenant 30 or paid to the landlord the amount of any such compensation
payable to an outgoing tenant31.
Procedure for claiming compensation
8.1
Before the expiry of 2 months from the termination of the tenancy notice in writing the tenants intention to
make the claim to be served by the tenant on the landlord in accordance with section 83(2) specifying the
nature of the claims 32.
8.2
Within 8 months from termination of the tenancy the landlord and tenant may settle claims by agreement in
writing33.
8.3
If no settlement within the 8 months from termination the matter to be determined by arbitration under the
1986 Act, appointment of the arbitrator to be made following the expiration of that period 34.
[3958]
1
2
3
4
5
6
7
8
9
10
11
12
13
In this Checklist, references to the 1986 Act are to the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn)
See the Agricultural Holdings Act 1986 s 64(4), Sch 9 Pt I paras 1(1), 5(2).
See the Agricultural Holdings Act 1986, Sch 9 Pt II.
See the Agricultural Holdings Act 1986, Sch 9 Pt I para 1(5). For the definition of a holding under the Agricultural Holdings Act
1923 (repealed), see the Agricultural Holdings Act 1923 s 57(1) and see also Re Joels Lease, Berwick v Baird [1930] 2 Ch 359.
See the Agricultural Holdings Act 1923 s 3 (repealed).
See the Agricultural Holdings Act 1923 s 3 (repealed)and the Agricultural Holdings Act 1986, Sch 9 Pt I para 4(1).
14
15

Ie under the Housing Act 1974 Pt VIII (ss 85104) (repealed) or under the Housing Act 1985 Pt VII (ss 209238) (repealed).
[3959]
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

See the Agricultural Holdings Act 1986 s 66(2). As to the method of calculating such compensation, see the Agriculture
(Calculation of Value for Compensation) Regulations 1978/809 as amended by SI 1980/751, SI 1981/822 and SI 1983/1475.
It is essential for the landlord to receive the preliminary notice within the two month period.
[3960][3990]
206
Application by a tenant for written consent to long-term improvements 1
APPLICATION FOR CONSENT TO IMPROVEMENTS

To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), GIVE YOU NOTICE that I desire to carry out on the above holding improvements
specified in the Agricultural Holdings Act 1986, Schedule 7, short particulars of which are given in the schedule below
and, as required by the Agricultural Holdings Act 1986 section 67, I request you to give your written consent to the
carrying out of those improvements [unconditionally (or) on such terms as to compensation or otherwise as may be
agreed in writing between us]2:
[3991]
Dated:
SCHEDULE
(details of proposed improvements)
Signed:
1
2
As to long-term improvements, see Paragraph 425 [2411]431 [2436] ante.

The alternatives in square brackets follow the wording of the Agricultural Holdings Act 1986 s 67(2) (1 Halsburys Statutes (4th
Edn) AGRICULTURE). If any particular conditions are suggested by the tenant, they may be incorporated in this notice. As to
service, see the Agricultural Holdings Act 1986 s 93.
207
Landlords [notice of intention to give] consent to long-term improvements 1
CONSENT TO IMPROVEMENTS
To:
of:
(name of tenant)
(address)

[3992]
Pursuant to the Agricultural Holdings Act 1986 section 67(1), I, (name of landlord) of (address), give you [notice that I
am prepared to give] my consent to the carrying out by you on the above holding of the improvements specified in the
schedule below, being improvements to which you requested my written consent by notice dated (date of tenants
notice) [on the terms specified in the schedule]2
Dated:
SCHEDULE
(details of improvements (and conditions))
Signed:
1
2

If the landlord is prepared to consent on terms, such terms should be set out in the schedule. Since any terms have to be agreed in
writing between the landlord and the tenant (see the Agricultural Holdings Act 1986 s 67(2) (1 Halsburys Statutes (4th Edn)
AGRICULTURE)), the best course is to have a written agreement between the parties duly signed. No doubt, however, a written
acceptance of the landlords terms by the tenant would suffice. As to service, see the Agricultural Holdings Act 1986 s 93.
[3993]
208
Landlords notice to an agricultural land tribunal and his tenant that he proposes to carry out himself
improvements approved by the tribunal1
NOTICE OF PROPOSAL TO CARRY OUT IMPROVEMENTS

To:
and:
of:
(name of tenant)
(address)
Area

WHEREAS the Tribunal have given their approval to the carrying out of the improvements 2 specified in the schedule
below
NOW I, (name of landlord) of (address), GIVE YOU NOTICE, in accordance with the Agricultural Holdings Act 1986
section 67(5), that I propose myself to carry out the improvements specified in the schedule below.
Dated:
[3994]
SCHEDULE
(details of improvements)
Signed:
1
This notice must be served within the prescribed period: see the Agricultural Holdings Act 1986 s 67(5) (1 Halsburys Statutes
(4th Edn) AGRICULTURE). The prescribed period is one month from the date on which the landlord receives written notice of an
agricultural land tribunals approval of the carrying out of the improvements: see the Agricultural Land Tribunals (Rules) Order
1978/259 art 2, Sch 1 r 7(2). This notice must be served on the agricultural land tribunal and the tenant: see the Agricultural
Holdings Act 1986 s 67(5). As to service, see the Agricultural Holdings Act 1986 s 93. If the landlord fails to carry out the
improvements within a reasonable time, the tenant may apply to the agricultural land tribunal to determine that the landlord has
so failed; and if such a determination is made, the tribunals previous approval has effect as if it were the landlords consent to
the improvement: see the Agricultural Holdings Act 1986 s 67(6)(b).
209
Tenants notice of his intention to carry out mole drainage1
NOTICE OF INTENTION TO CARRY OUT MOLE DRAINAGE

To:
of:
(name of landlord)
(address)

[3995]
I, (name of tenant) of (address), GIVE YOU NOTICE as required by the Agricultural Holdings Act 1986 section 68(1)
that after the expiry of one month from the date of service of this notice I intend to carry out on the above holding the
improvement short particulars of which are specified in the schedule below.
Dated:
SCHEDULE
(details of mole drainage and/or works necessary to secure the efficient functioning of the (existing) mole
drainage system including OS numbers of field(s) affected)
Signed:
1
As to short-term improvements, see Paragraphs 432 [2441] and 433 [2442] ante. For the tenant to qualify for compensation in
respect of the improvement this notice must be served not later than one month before the improvement is begun: see the
Agriculture Holdings Act 1986 s 68(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to service, see the Agriculture
Holdings Act 1986 s 93.
[3996]
210
Tenants notice of intention to claim compensation for continuous adoption of a special system of farming 1
NOTICE OF INTENTION TO CLAIM COMPENSATION

To:
of:
(name of landlord)
(address)

I, (tenant) of (address), GIVE YOU NOTICE of my intention, on quitting the above holding on the termination of my
tenancy, to claim compensation under the Agricultural Holdings Act 1986 section 70(1) for the continuous adoption of
a special system of farming as mentioned in the Agricultural Holdings Act 1986 section 70(1).
Dated:
Signed:
1
As to the entitlement to compensation for adopting a special system of farming, see Paragraphs 440 [2461] and 441 [2462] ante.
This notice must be given not later than one month before the termination of the tenancy: see the Agricultural Holdings Act 1986
s 70(2)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE). It is also a condition precedent to any such claim that a record of the
condition of fixed equipment on the holding and of the general condition of the holding has been made under the Agricultural
Holdings Act 1986 s 22: see the Agricultural Holdings Act 1986 s 70(2)(b). As to service, see the Agricultural Holdings Act 1986
s 93.
[3997]
211
Tenants notice of intention to claim more than one years rent as compensation for disturbance, giving an
opportunity to value stock etc1
NOTICE OF INTENTION TO CLAIM MORE THAN ONE YEARS RENT

To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), GIVE YOU NOTICE:
1
that, on quitting the above holding pursuant to your notice to quit served on me and dated (date of notice to
quit) [and my counter-notice under the Agricultural Holdings Act 1986 section 32 served on you and dated
(date of counter-notice)], I intend to claim, under the Agricultural Holdings Act 1986 section 60, a greater
amount than one years rent of the above holding as compensation for disturbance; and
[3998]
2
that you are at liberty to make a valuation of my household goods, implements of husbandry, fixtures, farm
produce or farm stock prior to their sale.
Dated:
Signed:
1
As to the tenants entitlement to compensation for disturbance, see Paragraphs 414 [2381]420 [2391] ante. This notice of
intention must be given not less than one month before the termination of the tenancy (see the Agricultural Holdings Act 1986 s
60(6)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE)) and must be followed by a notice of intention to make a claim,
specifying the nature of the claim, under the Agricultural Holdings Act 1986 s 83(2),(3) (for which see Form 213 [4000] post).
Loss or expense exceeding one years rent must be strictly proved. As to service, see the Agricultural Holdings Act 1986 s 93.
212
Landlords notice of intention to claim compensation for general deterioration of the holding 1
NOTICE OF INTENTION TO CLAIM COMPENSATION

To:
of:
[3999]
(name of tenant)
(address)

I, (name of landlord) of (address), GIVE YOU NOTICE of my intention, on your quitting the above holding on the
termination of your tenancy, to claim compensation under the Agricultural Holdings Act 1986 section 72 for the general
deterioration as mentioned in the Agricultural Holdings Act 1986 section 72.
Dated:
Signed:
1
As to compensation for general deterioration, see Paragraph 459 [2527] ante. This notice must be given not later than one month
before the termination of the tenancy: see the Agricultural Holdings Act 1986 s 72(4) (1 Halsburys Statutes (4th Edn)
AGRICULTURE). As to service, see the Agricultural Holdings Act 1986 s 93.
213
Notice of intention to make a claim on termination of a tenancy, specifying the nature of the claim 1
NOTICE OF INTENTION TO MAKE CLAIM

To:
of:

(address)

[4000]
I, (name of tenant or name of landlord) of (address), GIVE YOU NOTICE, pursuant to the Agricultural Holdings Act
1986 section 83, of my intention to make against you certain claims arising out of the termination of the tenancy of
[part of] the above holding, the nature of which claims is specified in the schedule below.
Dated:
SCHEDULE
(brief specification of claims citing the statutory provision and/or term of tenancy agreement and/or custom
under which each claim is made)2
Signed:
1
As to claims for compensation, see Paragraphs 414 [2381]460 [2528] ante. Claims between the landlord and the tenant of an
agricultural holding arising out of the termination of the tenancy must (subject to the statutory provisions) be determined by
arbitration under the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see the Agricultural
Holdings Act 1986 s 83(1). Notice in writing of intention to make a claim must be served on the other party before the expiry of
two months from termination: see the Agricultural Holdings Act 1986 s 83(2). The parties may, within 8 months from the
termination of the tenancy, settle the claim by agreement in writing (see the Agricultural Holdings Act 1986 s 83(4)) but, if they
fail to do so within that period, the claim must be determined by arbitration: see the Agricultural Holdings Act 1986 s 83(5). As
to settlement of claims, see Paragraphs 461 [2536]468 [2551] ante.
The notice of intention must specify the nature of the claim and it is sufficient for this purpose to refer to the statutory provision,
custom or term of the agreement under which the claim is made: see the Agricultural Holdings Act 1986 s 83(3). However, it will
be convenient to state some particulars in the notice as well as referring specifically to the relevant section of the Agricultural
Holdings Act 1986, or the custom, or the term of the tenancy agreement under which the claim is made. It is safer to give too
much rather than too little information in the notice about the claim intended.
[4001]
214
Tenants notice electing for compensation for certain tenant-right matters where the tenant entered before 1
March 19481
AGRICULTURAL HOLDINGS ACT 1986 SCHEDULE 12 PARA 6(1)
NOTICE OF ELECTION
To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), GIVE YOU NOTICE, pursuant to the Agricultural Holdings Act 1986, Schedule 12
paragraph 6(1), that I elect that the Agricultural Holdings Act 1986 section 65(1) is [not]2 to apply to me as regards
compensation for matters specified in the Agricultural Holdings Act 1986, Schedule 8 paragraphs 710 on the
termination of my tenancy of the above holding.
[4002]
Dated:
Signed:
1
As to tenant-right matters generally, see Paragraphs 434 [2446]439 [2452] ante, and as to their application to holdings occupied
before 1 March 1948, see Paragraph 438 [2450] ante. This notice may be given at any time before the termination of the tenancy
by a tenant who entered into occupation before 1 March 1948: see the Agricultural Holdings Act 1986, Sch 12 para 6(1) (1
Halsburys Statutes (4th Edn) AGRICULTURE). If, however, the landlord has, while a notice is current, given the tenant a notice
(for which see Form 215 [4004] post) requiring him to elect whether the Agricultural Holdings Act 1986 s 65(1) is to apply to
him as regards tenant-right matters, then this notice of election must be given either within one month of the landlords notice or
within one month of the termination proceedings as to the operation of the notice to quit: see the Agricultural Holdings Act 1986,
Sch 12 para 6(2). As to service, see the Agricultural Holdings Act 1986 s 93.
If the tenant does not wish to elect for the new basis, there is no need for him to serve a notice electing against it. If, however, it
is desired to serve such a notice in reply to the landlords notice under the Agricultural Holdings Act 1986, Sch 12 para 6(2),
insert not as suggested here.
[4003]
215
Landlords notice requiring a tenant who entered before 1 March 1948 to elect whether he will require
compensation for certain tenant-right matters1
AGRICULTURAL HOLDINGS ACT 1986 SCHEDULE 12 PARA 6(2)
NOTICE REQUIRING ELECTION TO BE MADE

To:
of:
(name of landlord)
(address)

I, (name of landlord) of (address), GIVE YOU NOTICE, pursuant to the Agricultural Holdings Act 1986, Schedule 12
paragraph 6(2), that I require you to elect whether the Agricultural Holdings Act 1986 section 65(1) is to apply to you
as regards compensation for matters specified in the Agricultural Holdings Act 1986, Schedule 8 paragraphs 710 on
the termination of your tenancy of the above holding.
Dated:
Signed:
1
As to tenant-right matters generally, see Paragraphs 434 [2446]439 [2452] ante, and as to their application to holdings occupied
before 1 March 1948, see Paragraph 438 [2450] ante. This notice may be served at any time during the currency of a notice to
quit: see the Agricultural Holdings Act 1986, Sch 12 para 6(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). If the tenant
does not wish to elect for the new basis, he need not serve a notice electing against it. For the tenants notice of election for the
new basis, see Form 214 [4002] ante. As to service, see the Agricultural Holdings Act 1986 s 93.
[4004]
216
Agreement between a landlord and tenant as to the compensation to be paid on termination of the tenancy of an
agricultural holding1
(1)
(2)
WHEREAS
(1)
The Tenant, at the determination of his tenancy of the holding known as (describe holding) (the Holding),
has claimed [under the Agricultural Holdings Act 1986 (or) by custom (or) by agreement] compensation from
the Landlord for the improvements and matters specified in schedule 1 below
(2)
The Landlord has claimed from the Tenant compensation or damages in respect of the matters in relation to
the Holding specified in schedule 2 below
[4005]
The Landlord and Tenant agree that:
1
the determination of the claims recited above is not to be referred to arbitration and no action is to be brought
on such claims or any of them;
the Landlord is to pay to the Tenant the sum of as compensation for the improvements and
matters specified in schedule 1 to this agreement and the Tenant is to pay to the Landlord the sum of
in respect of the matters specified in schedule 2 to this agreement;
the sums specified in clause 2 above are to be accepted by the Tenant and the Landlord respectively in full
and complete satisfaction and discharge of their respective claims for compensation or damage as mentioned
above; and
the sum of payable by the Landlord is to be paid and discharged [as to the sum of by
setting that sum off against the sum of being one half-years rent due from the Tenant to the
Landlord [and against the sum of payable by the Tenant to the Landlord as specified in clause 2
above], and as to the balance of on (date for payment) (or) (as the case may be)].
[4006]
SCHEDULE 1
[1
Application of lime and artificial manures.
Consumption by cattle on the Holding of oilcake etc
Laying down of temporary pastures.
Mole drainage.
Growing crops seeds cultivations and acts of husbandry.]
SCHEDULE 2
[1
Dilapidations in respect of want of repair of farm buildings.
Deterioration of land by sale of hay and straw without return of manurial equivalent.
Foul land.
Dilapidations in respect of neglect of fences and ditches etc]
(signatures of (or on behalf of) the parties)

1
As to claims for compensation generally, see Paragraphs 414 [2381]460 [2528] ante. This agreement must be made within 8
months from the termination of the tenancy: see the Agricultural Holdings Act 1986 s 83(4) (1 Halsburys Statutes (4th Edn)
AGRICULTURE) and Paragraph 462 [2537] ante.
[4007]
217
Agreement between a landlord and the outgoing and incoming tenants as to the compensation to be paid for
improvements1
(1)
(name of incoming tenant) of (address) (the New Tenant)
(2)
(name of outgoing tenant) of (address) (the Outgoing Tenant) and
(3)
(name of landlord) of (address) (the Landlord)
WHEREAS
(1)
The Outgoing Tenant holds the holding known as (describe holding) (the Holding) containing
approximately hectares ( acres) as tenant to the Landlord under a [lease for a term of
years (or) tenancy from year to year], which will expire on (date existing lease or tenancy ends), and the
Landlord has agreed to [grant a lease of (or) let] the Holding to the New Tenant [for a term of years (or)
from year to year] from (date new lease or tenancy to start)
(2)
The Outgoing Tenant claims to be entitled under the [Agricultural Holdings Act 1986 (or) lease mentioned
above] to payment of compensation in respect of the outlay and improvements specified in the schedule
below, and the amount payable to him in respect of such claim has [been agreed at (or) not yet been
ascertained]2
[4008]
Agreement for payment by the New Tenant
The New Tenant must, immediately after taking possession of the Holding [or as soon afterwards as compensation has
been ascertained under the provisions of the Agricultural Holdings Act 1986], pay to the Outgoing Tenant the amount
payable to him as compensation in respect of all matters specified in the schedule to this agreement and must at all
times keep the Landlord indemnified against the same and all relative actions, proceedings (including valuations and
arbitration), claims, demands and expenses 3.
Release of landlord
In consideration of the provisions of clause 1 of this agreement, the Outgoing Tenant accepts the liability imposed by
that clause on the New Tenant in full satisfaction of the liability of the Landlord, and releases the Landlord from all
liability to make compensation to him in respect of all or any of the matters specified in the schedule below under the
Agricultural Holdings Act 1986 or otherwise.
SCHEDULE
(particulars of outgoing tenants claim)
1
2
3
As to claims for compensation, see Paragraphs 414 [2381]460 [2528] ante.

It is strongly recommended that the amount of compensation should be ascertained beforehand and inserted in the agreement.
In so far as the Agricultural Holdings Act 1986 ss 6070 (1 Halsburys Statutes (4th Edn) AGRICULTURE) entitle the tenant to
obtain compensation from his landlord, and that, notwithstanding any agreement to the contrary, it may perhaps be doubted
whether a release of the landlord by the outgoing tenant is valid, it is submitted that the object of the statutory provisions is to
ensure that compensation under the Agricultural Holdings Act 1986 is paid and that an agreement as to the method of payment is
valid. It is, therefore, further considered that a release of the landlord by the outgoing tenant in consideration of an agreement for
payment by the incoming tenant is valid. However, it is prudent for the landlord to take an indemnity from the incoming tenant.
[4009]
218
Landlords consent to payment by the incoming tenant to the outgoing tenant of compensation for old or new
improvements1
CONSENT TO PAYMENT OF COMPENSATION

To:
of:
(name of incoming tenant)

(address)

I, (name of landlord) of (address), CONSENT to your paying to (name of outgoing tenant) of (address), the outgoing
tenant of the above holding of which I am the landlord, the compensation payable by me under (state statutory
provision(s) under which compensation is payable) in respect of the [old (or) old and new (or) new] improvements
executed by him and specified in the schedule below.
Dated:
SCHEDULE
(improvements paid for wholly or in part by incoming tenant)
Signed:
1
As to compensation for improvements, see Paragraphs 421 [2401]433 [2442] ante. This written consent must be obtained
before payment in order to entitle the incoming tenant, on quitting the holding, to claim compensation in respect of the whole or
part of an improvement for which he has paid: see the Agricultural Holdings Act 1986 s 69(2) (1 Halsburys Statutes (4th Edn)
AGRICULTURE).
[4010]
219
Tenants notice of occurrence of damage by game1
NOTICE OF DAMAGE BY GAME

To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), GIVE YOU NOTICE, pursuant to the Agricultural Holdings Act 1986 section 20, that
damage has occurred to my crops through game as follows:
[4011]
1
Damage to growing crops in fields numbered (insert details).
2
Damage to crops reaped or raised in fields numbered (insert details).
You are at liberty to inspect the damage and I will give you any reasonable facilities for so doing on hearing from you
within the next days after your receipt of this notice 2.
Dated:
Signed:
1
As to compensation for damage by game, see Paragraphs 450 [2501] and 451 [2502] ante. This notice must be given within one
month after the tenant first became or ought reasonably to have become aware of the occurrence of the damage: see the
Agricultural Holdings Act 1986 s 20(2)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE). This notice must be followed by a
notice in writing of the claim together with the particulars of it within one month after the expiry of the year in respect of which
the claim is made: see the Agricultural Holdings Act 1986 s 20(2)(c). For a notice of claim for compensation, see Form 220
[4013] post.
A reasonable opportunity must be given to the landlord to inspect the damage. In the case of damage to a growing crop, such
opportunity must be given before the crop is begun to be reaped, raised or consumed, and in the case of a crop reaped or raised,
it must be before the crop is begun to be removed from the land: see the Agricultural Holdings Act 1986 s 20(2)(b)(i),(ii).
[4012]
220
Tenants notice of claim for compensation for damage by game, with particulars of the damage, under the
Agricultural Holdings Act 1986 section 201
NOTICE OF CLAIM FOR DAMAGE BY GAME

To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), GIVE YOU NOTICE, pursuant to the Agricultural Holdings Act 1986 section 20(2)(c),
of my claim for damage by game to my crops on the above holding during the year to [29 September (or)
(agreed date)]2.
[4013]
The details of my claim are as follows:
1
Damage to growing crops in fields numbered (insert details)
Damage to crops reaped or raised in fields numbered (insert details)
TOTAL:
Dated:
Signed:
As to compensation for damage by game, see Paragraphs 450 [2501] and 451 [2502] ante. This notice must be given within one
month after the expiry of the year (as to which see note 2 below) in respect of which the claim is made: see the Agricultural
Holdings Act 1986 s 20(2)(c) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Year means any period of 12 months ending in any year with 29 September or with such other date as may, by agreement,
between the landlord and the tenant be substituted for that date: see the Agricultural Holdings Act 1986 s 20(3)(b).
[4014]
221
Request for the making of a record of the condition of the holding [or tenants request for a record of
improvements, fixtures or buildings] under the Agricultural Holdings Act 1986 section 221
REQUEST FOR MAKING OF RECORD

To:
of:

(address)

I, (name of tenant or name of landlord) of (address), GIVE YOU NOTICE, pursuant to the Agricultural Holdings Act
1986 section 22, that I require the making of a record 2 of the [condition of the buildings, fences, gates, roads, drains
and ditches on and cultivation of the above holding (or) existing improvements executed by me (or) existing
improvements for which with your written consent I paid compensation to the outgoing tenant (or) fixtures or buildings
that I am entitled to remove pursuant to the Agricultural Holdings Act 1986 section 10].
[4015]
Dated:
Signed:
1
2
These requests may be made at any time during the currency of the tenancy: see the Agricultural Holdings Act 1986 s 22(1) (1
The record must be made by a person appointed in default of agreement between the landlord and the tenant by the President of
the Royal Institution of Chartered Surveyors and any person so appointed may, on production of evidence of his appointment,
enter the holding at all reasonable times for the purpose of making any such record: see the Agricultural Holdings Act 1986 s
22(2).
[4016]
222
Demand for determination by arbitration, before the end of the tenancy, of the standard (milk) quota under the
Agriculture Act 1986, Schedule 11
AGRICULTURE ACT 1986, SCHEDULE 1
DEMAND FOR DETERMINATION BY ARBITRATION

To:
of:

(address)
(describe tenanted land)2

TAKE NOTICE that, pursuant to the Agriculture Act 1986, Schedule 1 paragraph 10(1), I, (name of tenant or name of
landlord) of (address), DEMAND that the determination of the standard quota for the above tenanted land be referred
to arbitration.
This notice is given without prejudice to any notice or act in connection with the tenancy and/or the milk quota relating
to it that has been, or may after the date of this notice be, given or done by me or on behalf of me or any other
interested party.
Dated:
Signed:
[4017]
Where, on the termination of the tenancy, the tenant may be entitled to compensation for milk quota under the Agriculture Act
1986 s 13, Sch 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE), a demand for determination by arbitration of the standard
quota (calculated in accordance with the Agriculture Act 1986, Sch 1 para 6) or the tenants fraction (as defined in ibid, Sch 1
para 7) may be given by the landlord or the tenant at any time before the termination of the tenancy by notice served on the
other: see the Agriculture Act 1986, Sch 1 para 10(1). As to milk quota, see Paragraphs 452 [2511]457 [2517] ante.
Since the wording of this provision appears to confine the right to demand arbitration to the standard quota or the tenants
fraction (not both), the safer course is to serve a separate notice in respect of each: see the Agriculture Act 1986, Sch 1 para
10(1). For a demand in respect of the tenants fraction, see Form 223 [4019] post.
Where the standard quota or the tenants fraction has been determined by arbitration, the arbitrator determining the tenants
claim for compensation on termination of the tenancy must award payment in accordance with that determination unless it
appears to him that any circumstances relevant to the determination were materially different at the time of the termination of the
tenancy from those at the time the determination was made, in which event he must disregard so much of the determination as
appears to him to be affected by the change in circumstances: see the Agriculture Act 1986, Sch 1 para 11(6),(7).
The expression tenanted land is used to avoid confusion with the term holding. Holding is defined for the purposes of the
Agriculture Act 1986 as having the same meaning as in the Dairy Produce Quotas Regulations 1986/470 (revoked): see the
Agriculture Act 1986, Sch 1 para 18(1). Accordingly, the definition of holding contained in the Agricultural Holdings Act 1986
ss 1, 96(1) has no application for the purposes of the Agriculture Act 1986.
[4018]
223
Demand for determination by arbitration, before end of tenancy, of the tenants fraction of standard (milk)
quota under the Agriculture Act 1986 Schedule 11
DEMAND FOR DETERMINATION BY ARBITRATION

To:
of:

(address)

TAKE NOTICE that, pursuant to the Agriculture Act 1986, Schedule 1 paragraph 10(1), I, (name of tenant or name of
landlord) of (address), demand that the determination of the tenants fraction for the above tenanted land be referred to
arbitration.
This notice is given without prejudice to any other notice or act in connection with the tenancy and/or the milk quota
relating to it that has been, or may after the date of this notice be, given or done by me or on behalf of me or any other
interested party.
Dated:
Signed:
[4019]
1
Where, on the termination of the tenancy, the tenant may be entitled to compensation for milk quota under the Agriculture Act
1986 s 13, Sch 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE), a demand for determination by arbitration of the standard
quota (calculated in accordance with the Agriculture Act 1986, Sch 1 para 6) or the tenants fraction (as defined in ibid, Sch 1
para 7) may be given by the landlord or the tenant at any time before the termination of the tenancy by notice served on the
other: see the Agriculture Act 1986, Sch 1 para 10(1). As to milk quota, see Paragraphs 452 [2511]457 [2517] ante.
Since the wording of this provision appears to confine the right to demand arbitration to the standard quota or the tenants
fraction (not both), the safer course is to serve a separate notice in respect of each: see the Agriculture Act 1986, Sch 1 para
10(1). For a demand in respect of the standard quota, see Form 222 [4017] ante.
Where the standard quota or the tenants fraction has been determined by arbitration, the arbitrator who determines the
tenants claim for compensation on termination of the tenancy must award payment in accordance with that determination unless
it appears to him that any circumstances relevant to the determination are materially different at the time of the termination of the
tenancy from those at the time the determination was made, in which event he must disregard so much of the determination as
appears to him to be affected by the change in circumstances: see the Agriculture Act 1986, Sch 1 para 11(6),(7).
[4020]
224
Agreement between landlord and tenant, before the end of the tenancy, as to the amount of the standard quota
and/or the tenants fraction and/or the value of the milk quota under the Agriculture Act 1986, Schedule 1 1
(1)
(2)
WHEREAS, for the purposes of the Agriculture Act 1986, Schedule 1 paragraph 11(6)(a), prior to the termination of
the tenancy of the tenanted land known as (describe tenanted land) (the Tenanted Land) the Landlord and the Tenant
have agreed certain matters as set out below for the purpose of calculating the payment to which the Tenant will be
entitled under the Agriculture Act 1986, Schedule 1 on the termination of the tenancy
[1
The standard quota for the Tenanted Land as calculated in accordance with the provisions of the Agriculture
Act 1986 Schedule 1 paragraph 6 is to amount to litres]
[2
The tenants fraction for the Tenanted Land as calculated in accordance with the provisions of the Agriculture
Act 1986, Schedule 1 paragraph 7 is to comprise a numerator of and a denominator of .]
[4021]
[3
The value of the milk quota to be used for the purpose of calculating the payment to which the Tenant will be
entitled under the Agriculture Act 1986, Schedule 1 is to be per litre]
(signatures of both parties)
1
As to compensation for milk quota generally, see Paragraphs 452 [2511]457 [2517] ante. Where the landlord and the tenant
have agreed in writing the amount of the standard quota for the land, or the tenants fraction, or the value of the milk quota to be
used for the purpose of calculating the payment to which the tenant will be entitled on termination of the tenancy, the arbitrator
determining the claim on termination of the tenancy must award payment in accordance with that agreement unless it appears to
him that any circumstances relevant to the agreement were materially different at the time of the termination of the tenancy from
those at the time the agreement was made, in which event he must disregard so much of the agreement as appears to him to be
affected by the change in circumstances: see the Agriculture Act 1986, Sch 1 para 11(6),(7) (1 Halsburys Statutes (4th Edn)
AGRICULTURE).
[4022]
225
Tenants notice of intention to claim compensation for milk quota under the Agriculture Act 1986 Schedule 1 on
termination of his tenancy1
NOTICE OF INTENTION TO CLAIM COMPENSATION FOR MILK QUOTA

To:
of:
(name of landlord)
(address)

I, (name of tenant) of (address), GIVE YOU NOTICE, pursuant to the Agriculture Act 1986, Schedule 1 paragraph
11(1), of my intention to claim against you compensation for milk quota under Schedule 1 of that Act.
[4023]
Dated:
Signed:
1
As to compensation for milk quota generally, see Paragraphs 452 [2511]457 [2517] ante. Claims by tenants for compensation
for milk quota under the Agriculture Act 1986 s 13, Sch 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE) following the
termination of the tenancy of any land are determined by arbitration under the Agricultural Holdings Act 1986, subject to the
Agriculture Act 1986, Sch 1 para 11(5). Notice in writing of intention to make a claim must be served on the landlord before the
expiry of two months from the termination of the tenancy: see the Agriculture Act 1986, Sch 1 para 11(1). The parties may,
within 8 months from the termination of the tenancy, settle the claim by agreement in writing but if they fail to do so within that
period the claim must be determined by arbitration: see the Agriculture Act 1986, Sch 1 para 11(2). The statutory procedure for
initiating the claim for compensation for milk quota under the Agriculture Act 1986 is similar to that under the Agricultural
Holdings Act 1986 s 83 (relating to other claims arising between landlord and tenant on the termination of the tenancy) although
there is no obligation to specify the nature of the claim in contrast to the obligation to do so under the Agricultural Holdings Act
1986 s 83(3): see the Agriculture Act 1986, Sch 1 para 11(2).
[4024]
226
Agreement between landlord and tenant as to the compensation to be paid for milk quota under the Agriculture
Act 1986, Schedule 1 on termination of the tenancy1
(1)
(2)
WHEREAS the Tenant at the termination of his tenancy of the tenanted land known as (describe tenanted land) has
claimed under the Agriculture Act 1986, Schedule 1 compensation from the Landlord for milk quota
The Landlord and the Tenant agree that:
1
the determination of the claim recited above is not to be referred to arbitration and no action is to be brought
on such claim or any part of it;
the Landlord must pay to the Tenant the sum of as compensation for the matters specified in the
schedule below;
the sum specified in clause 2 above must be accepted by the Tenant in full and complete satisfaction and
discharge of his claim for compensation as mentioned above; and
[4025]
4
the sum of payable by the Landlord is to be paid and discharged [[as to the sum of ] by
setting that sum off against the sum of being one half-years rent due from the Tenant to the
Landlord [and as to the balance of ]] [on (date for payment) (or) (as the case may be)]
SCHEDULE
[1
Tenants fraction of the [standard] [allocated] quota]
[2
Excess of allocated quota over standard quota]
[3
Transferred quota]

1
As to compensation for milk quota generally, see Paragraphs 452 [2511]457 [2517] ante. This agreement must be made within
8 months from the termination of the tenancy, failing which the tenants claim for compensation must be settled by arbitration
under the Agricultural Holdings Act 1986: see the Agriculture Act 1986, Sch 1 para 11(2) (1 Halsburys Statutes (4th Edn)
AGRICULTURE).
[4026][5000]
PART
2:
TENANCIES
(1)
AGRICULTURAL
RESIDENTIAL
RENT (AGRICULTURE) ACT 1976
(A) Commentary
A: INTRODUCTION
601
The application of the Rent (Agriculture) Act 1976
Agricultural workers housed by their employers pursuant to tenancies or licences 1 granted up to and including 14
January 19892 enjoy the protection of the Rent (Agriculture) Act 1976 3. These occupiers are affected also by the
Housing Act 1988, but only with regard to the rules relating to succession 4. The Housing Act 1988 applies to tenancies
or licences created after 14 January 19895.
1
2
3
4
5
The tenancy or licence must be a relevant tenancy or relevant licence: see Paragraphs 606 [5026] (relevant licence) and 607
[5028] (relevant tenancy) post.
Ie the commencement date of Chapter III of the Housing Act 1988 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT):
see ibid s 141(3).
Ie the Rent (Agriculture) Act 1976 (1 Halsburys Statutes (4th Edn) AGRICULTURE). A licence or tenancy granted after 14
January 1989 can be a relevant licence or tenancy only in limited transitional circumstances: see the Housing Act 1988 s 34(4).
See the Housing Act 1988 s 39(4), Sch 4 Pt II (paras 1012) and see Paragraph 614 [5051] post.
See the Housing Act 1988 ss 34(4), 141(3). As to the transitional provisions, see Paragraph 702 [5602] post. As to the statutory
protection established by the Housing Act 1988, see Paragraphs 701 [5601]740 [5717] post.
[5001]
602
Purpose of the Rent (Agriculture) Act 1976
The Rent (Agriculture) Act 19761 was the first statutory attempt to extend security of tenure to agricultural workers
housed by their employers. Prior to the passing of the Rent (Agriculture) Act 1976, agricultural employees housed by
their employers had only very limited security of tenure 2 and in most cases no protection with regard to the control of
rent levels3. The Rent (Agriculture) Act 1976 was an attempt to compromise between two political objectives: (1) to
abolish the concept of a tied cottage occupancy and to replace it with a formal security of tenure, and (2) to maintain
the commercial reality that the agricultural industry was greatly dependent on a residential labour force. The agent of
compromise turned out to be the local authority upon whom an obligation was placed to rehouse agricultural employees
where the criteria set out in the Rent (Agriculture) Act 1976 were satisfied 4.
1
Ie the Rent (Agriculture) Act 1976 (1 Halsburys Statutes (4th Edn) AGRICULTURE). The need for the Act arose from the fact
that many such employees, paying less than two-thirds of the rateable value of the premises or occupying the premises only as
licensees, did not enjoy full protection: see the Rent Act 1977 s 5 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT)
which excludes from protection tenancies at a low rent, and ibid s 1 which protects a tenancy that is let as a separate dwelling
and therefore does not apply to a mere licence.
In most cases, a tied cottage occupant did not enjoy Rent Act protection because no money was paid as rent. However, the Rent
Act 1957 s 16 (repealed) did provide some limited protection in that the landlord of premises let as a dwellinghouse was required
to give at least four weeks notice to quit (see now the Protection from Eviction Act 1977 s 5 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT)), but this applied only where the occupant was a tenant. The position was slightly improved by the
Rent Act 1965 s 32(1) (repealed), the provisions of which are now contained in the Protection from Eviction Act 1977 s 3 which
provides that the owner of premises let on a non-protected tenancy that is ended can gain possession only by bringing court
proceedings. A breach by a landlord of this provision may give rise to a civil claim: see Warder v Cooper [1970] Ch 495, [1970]
1 All ER 1112. The protection covers a person who, under the terms of his employment, has exclusive possession of a house
otherwise than as a tenant. See also the Protection from Eviction Act 1977 s 4 which provides limited rights to certain
agricultural workers, but does not operate in respect of an occupier who is a statutory tenant as defined in the Rent (Agriculture)
Act 1976 s 4(1).
Prior to the Rent (Agriculture) Act 1976 there was only very limited protection relating to grant-aided accommodation within the
meaning of the Housing (Rural Workers) Act 1926 (repealed) and the Housing (Financial Provisions) Act 1958 (repealed) where
restrictions were placed on rent levels for houses that had the benefit of grants under those Acts.
As to rehousing by the local authority, see Paragraphs 649 [5191]654 [5205] post.
[5002][5010]
B: THE PROVISIONS
1: BASIC REQUIREMENTS FOR PROTECTION
603
Employment in agriculture
In order to enjoy the protection of the Rent (Agriculture) Act 1976 a worker must be employed in agriculture as defined
in the Act1. Agriculture includes:
603.1 dairy-farming and livestock2 keeping and breeding (whether those activities involve the use of land or not) 3;
603.2 the production of any consumable produce4 that is grown for sale or for consumption or other use for the
purpose of a trade or business or of any other undertaking (whether carried on for profit or not) 5;
603.3 the use of land as grazing, meadow or pasture land or orchard or osier land 6;
603.4 the use of land for market gardens or nursery grounds 7; and
603.5 forestry8, which includes both the use of land for nursery grounds for trees and the use of land for woodlands
where that use is ancillary to the use of land for other agricultural purposes 9.
[5011]
1
3
4
5
6
7
8
9
See the Rent (Agriculture) Act 1976 s 1 (1 Halsburys Statutes (4th Edn) AGRICULTURE). The Court of Appeal has given a very
wide meaning to the concept of an agricultural worker. A worker is deemed to be employed in agriculture even if his contractual
duties may not be agricultural by definition. The definition includes all operations in connection with the farming of land
commercially: see McPhail v Greensmith (1987) 6 August CA (unreported, Lexis transcript).
As to the meaning of livestock, see the Rent (Agriculture) Act 1976 s 1(2). Note that the definition does not include fish and so
employees in fish farming will not enjoy the protection of the Rent (Agriculture) Act 1976. A gamekeeper, whose job was to
keep and rear pheasants for sport, was held not to be within the Rent (Agriculture) Act 1976 as the breeding of pheasants was
clearly outside the Rent (Agriculture) Act 1976 s 1(1)(a)(i) when read with the definition of livestock (see the Rent
(Agriculture) Act 1976 s 1(2)) and although section 1(1)(a) is governed by the word includes, not every rural or country
activity is agriculture and the gamekeepers employment was to promote not agriculture but a sport: see Lord Glendyne v Rapley
[1978] 2 All ER 110, [1978] 1 WLR 601, CA. See also Earl of Normanton v Giles [1980] 1 All ER 106, [1980] 1 WLR 28, HL.
See the Rent (Agriculture) Act 1976 s 1(1)(a)(i).
As to the meaning of consumable produce, see the Rent (Agriculture) Act 1976 s 1(2).
See the Rent (Agriculture) Act 1976 s 1(1)(a)(ii).
See the Rent (Agriculture) Act 1976 s 1(1)(a)(iii).
See the Rent (Agriculture) Act 1976 s 1(1)(a)(iv).
See the Rent (Agriculture) Act 1976 s 1(1)(a)(v).
See the Rent (Agriculture) Act 1976 s 1(1)(b).
[5012]
604
Conditions for protection
A person who has a relevant licence or tenancy 1 in relation to a dwellinghouse that is in qualifying ownership 2, or has
at any time during the subsistence of the licence or tenancy been in qualifying ownership (whether it was at the time a
relevant licence or not), is a protected occupier of the dwellinghouse if:
604.1 he is a qualifying worker 3 or has been one at any time during the subsistence of the licence or tenancy (whether
it was at the time a relevant licence or tenancy or not) 4; or
604.2 he is incapable of whole-time work in agriculture 5, or work in agriculture as a permit worker 6, in consequence
of a qualifying injury or disease7; or
604.3 he was a protected occupier or statutory tenant of the dwellinghouse in his own right 8 immediately before the
licence or tenancy was granted, or the licence or tenancy was granted in consideration of his giving up
possession of another dwellinghouse of which he was such an occupier or tenant 9.
1
2
3
Unless the context otherwise requires, tenancy includes sub-tenancy: see the Rent (Agriculture) Act 1976 s 34(1) (1
Halsburys Statutes (4th Edn) AGRICULTURE). References to tenancies include references to licences, and cognate expressions
are to be construed accordingly: see the Rent (Agriculture) Act 1976 s 34(2). As to the meaning of relevant licence and
relevant tenancy, see Paragraphs 606 [5026] and 607 [5028] post respectively.
As to the meaning of qualifying ownership, see Paragraph 608 [5029] post.
As to the meaning of qualifying worker, see Paragraph 609 [5030] post.
[5013]
4
5
6

As to the meaning of whole-time work in agriculture, see the Rent (Agriculture) Act 1976 s 1(5), Sch 3 para 4(2). See
generally 27(1) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT para 995.
Permit worker means a person employed in agriculture for whom there is in force a permit granted under the Agricultural
Wages Act 1948 s 5 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see the Rent (Agriculture) Act 1976 s 1(5), Sch 3 para
5(1),(2).
See the Rent (Agriculture) Act 1976 s 2(2). A person is incapable of whole-time work or work as a permit worker in agriculture
in consequence of a qualifying injury or disease if:
(1)
he has become incapable through an injury or disease prescribed in relation to him, by reason of his employment in
agriculture, under the Social Security Act 1975 s 76(2) (40 Halsburys Statutes (4th Edn) SOCIAL SECURITY), or
through an accident arising out of and in the course of his employment in agriculture (see the Rent (Agriculture) Act
1976 s 1(5), Sch 3 para 2(1)(a),(2)(a)); and
(2)
he was employed as a whole-time worker or permit worker at the time he became incapable (see the Rent
(Agriculture) Act 1976 s 1(5), Sch 3 para 2(1)(b),(2)(b)).
Protected occupier in his own right means a person who is a protected occupier by virtue of the Rent (Agriculture) Act 1976 s
2(1),(2),(3) (see the Rent (Agriculture) Act 1976 s 2(4)) in contrast to by succession. As to protected occupiers by succession,
see Paragraph 610 [5041] et seq post. Statutory tenant in his own right means a person who is a statutory tenant by virtue of
the Rent (Agriculture) Act 1976 s 4(1) and who, immediately before he became such a tenant, was a protected occupier in his
own right: see the Rent (Agriculture) Act 1976 s 2(4).
See the Rent (Agriculture) Act 1976 s 2(3). It is assumed, when deciding whether at any date on or after 1 January 1977 a
person with a relevant licence or tenancy is a protected occupier, that the Rent (Agriculture) Act 1976 and those provisions of the
Rent Act 1977 applied by the Rent (Agriculture) Act 1976 s 1, Sch 2 were in force before 1 January 1977: see the Rent
(Agriculture) Act 1976 s 40, Sch 9 para 2.
[5014]
605
Consequences of protection
If the occupier of a dwellinghouse qualifies for protection under the Rent (Agriculture) Act 1976, the protection given
is broadly equivalent to the protection afforded by the Rent Act 1977 1. The occupier, therefore, enjoys security of
tenure2, rent control3 and the imposition of statutory conditions on the terms on which he resides in the premises 4. The
protection afforded by the Rent (Agriculture) Act 1976 is retrospective and applies to occupancies granted prior to its
original commencement 5. Further, once protection is obtained under the Rent (Agriculture) Act 1976 it continues for
the benefit of the agricultural worker regardless of whether he subsequently moves to part time work or work of a nonagricultural nature or has not, at any one time, worked for 91 out of the last 104 weeks.
1
2
3
4
5
Ie the Rent Act 1977 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
As to security of tenure, see Paragraphs 630 [5121]654 [5205] post.
As to rent control, see Paragraphs 620 [5081]626 [5087] post.
As to the statutory conditions, see Paragraph 618 [5071] et seq post.
See the Rent (Agriculture) Act 1976 Sch 9 and Skinner v Cooper [1979] 2 All ER 836, [1979] 1 WLR 666, CA.
[5015][5025]
2: MEANING OF TERMS
606
Relevant licence1
Relevant licence means any licence under which a person has the exclusive occupation 2 of a dwellinghouse as a
separate dwelling, which would be a protected tenancy for the purposes of the Rent Act 1977 3 if it were a tenancy4 and
the provisions of the Rent Act 1977 relating to exceptions to the definition of protected tenancies 5 were modified as
mentioned in the Rent (Agriculture) Act 19766.
1
2
See the Rent (Agriculture) Act 1976 s 1(4), Sch 2 para 1 as amended by the Rent Act 1977 s 155(2), Sch 23 para 78 (1
The notion of exclusive occupation raises the question of whether shared accommodation is protected by the Rent (Agriculture)
Act 1976. There are two separate situations to consider:
(1)
if the employee shares accommodation with the resident landlord, he has no protection under the Rent (Agriculture)
Act 1976; however, there may be a restricted contract within the meaning of the Rent Act 1977 s 19: see 27(1)
Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT para 847 et seq*;
(2)
if the employee shares accommodation in common with another person or persons (other than the landlord), that does
not prevent him from obtaining protection under the Rent (Agriculture) Act 1976, but no protected occupancy will
arise under the Rent (Agriculture) Act 1976 if the tenant has exclusive occupation of one room only and, at the time
when the tenancy was granted, at least three other rooms in the same building were let or were available for letting as
residential accommodation to separate tenants or licensees on terms including the use of shared accommodation: see
the Rent (Agriculture) Act 1976 s 23.
*
But note the effect of the Housing Act 1988 s 36 (23 Halsburys Statutes (4th Edn) LANDLORD and tenant). A
variation in the rent due after 15 January 1989 will usually have the effect of bringing the restricted contract to an
end: see the Housing Act 1988 s 36(2)(a). The new contract is then unlikely to take effect as an assured tenancy
(and thus an assured agricultural occupancy) under the Housing Act 1988 by virtue of section 1(2) of that Act and Sch
1 para 10 (the resident landlord provisions). Other variations to the terms of a restricted contract may have the same
effect, notably adding to the accommodation occupied by the tenant/licensee: Jenkin R Lewis & Son Ltd v Kerman
[1971] Ch 477, [1970] 1 All ER 833.
See the Rent Act 1977 s 1 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
[5026]
4
5
6
See the Rent (Agriculture) Act 1976 s 1(4), Sch 2 para 1(a).
See the Rent Act 1977 Pt I (ss 126).
See the Rent (Agriculture) Act 1976 s 1(4), Sch 2 para 3 as amended by the Rent Act 1977 s 155(2), Sch 23 para 80. The
modifications to the Rent Act 1977 referred to are:
(1)
the omission of the Rent Act 1977 s 5 (as amended by the References to Rating (Housing) Regulations 1990/434 reg
2, Schedule paras 17, 18) which operates to exclude from protection a tenancy at a low rent or where no rent is
payable (see further vol 23 LANDLORD AND TENANT);
(2)
the omission of the Rent Act 1977 s 10 (as amended by the Agricultural Tenancies Act 1995 s 40, Schedule para 27)
which excludes from protection a tenancy of a dwelling house which forms part of an agricultural holding and which
is occupied by the person responsible for the control (whether as a tenant or as the servant or agent of the tenant) of
the farming of the holding or which forms part of a farm business tenancy and which is occupied by the persons
responsible for the control (whether as a tenant or as the servant or agent of the tenant) of the management of the
holding; and
(3)
the substitution for the Rent Act 1977 s 7 of:
(1) a tenancy is not a protected tenancy if it is a bona fide term of the tenancy that the landlord provides the
tenant with board or attendance, and
(2) for the avoidance of doubt it is declared that meals provided in the course of a persons employment in
agriculture do not constitute board and a term that the landlord provides the tenant with attendance shall not be
taken to be a bona fide term for those purposes unless, having regard to its value to the tenant, the attendance is
substantial.
The effect of these provisions is that a person not enjoying board or substantial attendance has a relevant licence or tenancy if he
would have had protection under the Rent Act 1977 but for the fact that the requirements as to rent in the Rent Act 1977 s 5 (as
amended) are not met, and notwithstanding the fact that the premises may be occupied by that person as the person in control of
the farming.
[5027]
607
Relevant tenancy1
Relevant tenancy means any tenancy under which a dwellinghouse is let as a separate dwelling, which:
607.1 is not a protected tenancy for the purposes of the Rent Act 1977 2; and
607.2 would be such a tenancy if the provisions of the Rent Act 1977 relating to the definition of protected
tenancies3 were modified as mentioned in the Rent (Agriculture) Act 1976 4.
Neither a tenancy to which the Landlord and Tenant Act 1954 5 applies nor a tenancy of an agricultural holding within
the meaning of the Agricultural Holdings Act 1986 6 or a farm business tenancy within the meaning of the Agricultural
Tenancies Act 1995 is a relevant tenancy7.
1
2
3
4
5
6
7
See the Rent (Agriculture) Act 1976 s 1(4), Sch 2 para 2 as amended by the Rent Act 1977 s 155(2), Sch 23 para 79 and by the
Agricultural Tenancies Act 1995 s 40, Schedule para 26 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Rent (Agriculture) Act 1976 s 1(4), Sch 2 para 2(a) as amended by the Rent Act 1977 s 155, Sch 23 para 79(a) and by the
Agricultural Tenancies Act 1995 s 40, Schedule para 26. As to protected tenancies under the Rent Act 1977 (23 Halsburys
Statutes (4th Edn) LANDLORD AND TENANT), see the Rent Act 1977 s 1.
See the Rent Act 1977 Pt I (ss 126).
See the Rent (Agriculture) Act 1976 s 1(4), Sch 2 para 2(b) as amended by the Rent Act 1977 s 155, Sch 23 para 79(b) and by
the Agricultural Tenancies Act 1995 s 40, Schedule para 26. As to the modifications to the Rent Act 1977 referred to, see
Paragraph 606 note 6 [5027] ante. As to protected tenancies under the Rent Act 1977, see the Rent Act 1977 s 1.
See the Landlord and Tenant Act 1954 Pts I (ss 122) and II (ss 2346) (23 Halsburys Statutes (4th Edn) LANDLORD AND
TENANT).
See the Rent (Agriculture) Act 1976, Sch 2 para 2 as amended by the Agricultural Tenancies Act 1995 s 40, Schedule para 26.
[5028]
608
Qualifying ownership
A dwellinghouse in relation to which the occupier has a licence or tenancy is in qualifying ownership at any time if, at
that time, the occupier is employed in agriculture 1 and the occupiers employer 2 either:
608.1 is the owner3 of the dwellinghouse4; or
608.2 has made arrangements with the owner of the dwellinghouse for it to be used as housing accommodation for
persons employed by him in agriculture 5.
It is necessary for the occupier to show only that there was qualifying ownership at some point during the subsistence
of his licence or tenancy. Therefore a change of ownership of the dwelling does not affect statutory protection under
the Rent (Agriculture) Act 1976.
1
As to the meaning of agriculture, see Paragraph 603 [5011] ante.
2
3
4
5
As to the meaning of employer, see the Rent (Agriculture) Act 1976 s 1(5), Sch 3 para 3(2) (1 Halsburys Statutes (4th Edn)
AGRICULTURE).
As to the meaning of owner, see the Rent (Agriculture) Act 1976 s 1(5), Sch 3 para 3(2).
See the Rent (Agriculture) Act 1976 s 1(5), Sch 3 para 3(1)(a).
See the Rent (Agriculture) Act 1976 s 1(5), Sch 3 para 3(1)(b).
[5029]
609
Qualifying worker
A person is a qualifying worker 1 for the purpose of the Rent (Agriculture) Act 1976 if, at that time, he has worked
whole-time in agriculture, or has worked in agriculture as a permit worker, for not less than 91 out of the last 104
weeks2.
1
2
See the Rent (Agriculture) Act 1976 s 2(1)(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976 s 1(5), Sch 3 para 1. As to the purpose of determining what is whole-time work in
agriculture and what is permit work see the Rent (Agriculture) Act 1976 s 1(5), Sch 3 paras 47. See also 27(2) Halsburys
Laws (4th Edn Reissue) LANDLORD AND TENANT para 995. Work in forestry before 28 November 1980 does not count towards
making a tenant a qualifying worker: see the Rent (Agriculture) Act 1976 s 1(5), Sch 3 paras 810.
[5030][5040]
3: PROTECTED OCCUPIERS BY SUCCESSION
610
Protection for successor
The Rent (Agriculture) Act 19761 provides some limited protection for a widow, widower or other member of the
family of a qualifying worker 2 who was a protected occupier in his own right 3 before his or her death. This protection
is unaffected by the enactment of the Housing Act 19884.
1
2
3
4
Ie the Rent (Agriculture) Act 1976 s 3 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the meaning of qualifying worker, see Paragraph 609 [5030] ante.
2(1)(3) (see the Rent (Agriculture) Act 1976 s 2(4)) in contrast to a protected occupier by succession.
The Housing Act 1988 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) has amended the rules as to succession
under the Rent (Agriculture) Act 1976, but only in respect of the rights to succession governed by the Rent (Agriculture) Act
1976 s 4 (statutory tenants by succession) and not in respect of protected occupiers by succession, whose rights are governed by
the Rent (Agriculture) Act 1976 s 3. As to statutory tenants under the Rent (Agriculture) Act 1976 s 4, see Paragraphs 614
[5051]626 [5087] post.
[5041]
611
Protected occupancy by succession
A protected occupancy by succession arises on the death of a protected occupier where:
611.1 the deceased occupier leaves a surviving spouse who was residing in the dwellinghouse immediately before the
deceaseds death and, following the death, the surviving spouse has a relevant licence 1 or tenancy2; or
611.2 there is no surviving spouse who qualifies under sub-paragraph 611.1, but one or more persons who were
members of the deceaseds family 3 were residing with the deceased at the time of and for the period of six
months immediately before his death and, after his death, that person or one of those persons has a relevant
licence or tenancy4.
There can be only one transmission of a tenancy by succession under the Rent (Agriculture) Act 1976 5.
1
2
4
5
As to the meaning of relevant licence, see Paragraph 606 [5026] ante.

See the Rent (Agriculture) Act 1976 s 3(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The Rent (Agriculture) Act 1976 s
3(2) is framed by reference to the case where the original occupier was a man but is to be read as applying equally where the
original occupier was a woman: see the Rent (Agriculture) Act 1976 s 3(2). As to the meaning of relevant tenancy, see
Neither the Rent (Agriculture) Act 1976 nor the Rent Act 1977 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT)
defines the term member of his (the deceaseds) family. However, it has been held to cover illegitimate, adopted and stepchildren as well as persons related by blood or marriage and common law spouses: see Dyson Holdings Ltd v Fox [1976] QB
503, [1975] 3 All ER 1030, CA.
See the Rent (Agriculture) Act 1976 s 3(3).
The Rent (Agriculture) Act 1976 makes it clear that only one such succession is possible by using the phrase original occupier
in comparison with first successor in the Rent Act 1977 s 2, Sch 1 para 4. This contrasts with the two possible statutory
successors under the Rent Act 1977. The statutory tenant or protected occupier by succession can, however, renew the licence or
tenancy and obtain a protected occupancy by succession which, when determined, gives rise to a statutory tenancy by
succession.
[5042]
612
Protection of an occupier who has been a protected occupier by succession
A person who has, in relation to a dwellinghouse, a relevant licence 1 or tenancy2 is a protected occupier of the
dwellinghouse if:
612.1 immediately before the licence or tenancy was granted, he was a protected occupier or statutory tenant of the
dwellinghouse by succession3; or
612.2 the licence or tenancy was granted in consideration of his giving up possession of another dwellinghouse of
which he was such an occupier or such a tenant4.
1
2
3
4

As to the meaning of relevant tenancy, see Paragraph 607 [5028] ante.
See the Rent (Agriculture) Act 1976 s 3(2),(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to statutory tenancies by
succession, see Paragraphs 614 [5051]626 [5087] post.
[5043]
613
Likelihood of a protected occupancy by succession
A protected occupancy by succession is unlikely to arise in practice. As the usual arrangement between an employer
and an agricultural employee was likely to be a licence 1 (whether formal or not), the contractual right to occupy will
almost invariably determine on the death of the protected occupier in his own right 2. In practice the only occasions
where that is not likely to occur are:
613.1 where a joint licence or tenancy was held by the deceased protected occupier and the spouse or another member
of the deceaseds family; and
613.2 where the deceased protected occupier had a tenancy that was not automatically determined by death.
However, a protected occupancy by succession may arise where, for example, a widow is granted a new relevant
licence3 or tenancy4 in consideration of giving up an existing relevant licence or tenancy, whether that licence or
tenancy was protected as of right or by succession.
1
2
3
4
It is submitted that there is no longer any advantage in using a licence as opposed to a tenancy.
2(1)(3) (see the Rent (Agriculture) Act 1976 s 2(4)) in contrast to a protected occupier by succession.
As to the meaning of relevant tenancy, see Paragraph 607 [5028] ante.
[5044][5050]
4: STATUTORY TENANCIES
(a) Introduction
614
Becoming a statutory tenant
Where a person ceases to be a protected occupier 1 and, in certain circumstances, where a person ceases to be a statutory
tenant by succession2, on the termination of a licence or tenancy, he will, if and so long as he occupies the
dwellinghouse as his residence, be the statutory tenant of it 3. It is important to note that the right of occupation enjoyed
by a statutory tenant is derived from the Rent (Agriculture) Act 1976 rather than from any contract between him and his
employer. Occupation does not necessarily require physical possession: the key is legal possession. Therefore, if the
statutory tenant is not in physical possession, he retains the protection of the Rent (Agriculture) Act 1976 so long as he
can show that he has the intention to return4.
1
2
3
As to protected occupiers, see Paragraphs 603 [5011]613 [5044] ante.

As to statutory tenancies, see Paragraphs 614 [5051]626 [5087] post.
See the Rent (Agriculture) Act 1976 s 4(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). If and so long as he occupies the
dwellinghouse as his residence is construed in accordance with the Rent Act 1977 (23 Halsburys Statutes (4th Edn) LANDLORD
AND TENANT): see the Rent (Agriculture) Act 1976 s 4(5) as amended by the Rent Act 1977 s 155, Sch 23 para 72.
See Brown v Brash and Ambrose [1948] 2 KB 247, [1948] 1 All ER 922, CA; Hampstead Way Investments Ltd v Lewis-Weare
[1985] 1 All ER 564, [1985] 1 WLR 164, HL.
[5051][5060]
(b) Statutory tenancy by succession
615
Statutory succession of the spouse of the deceased1
Upon the death of the original occupier, if the deceased left a spouse 2 who had been residing in the dwellinghouse
immediately before the deceaseds death (and provided that the spouse does not become a protected occupier) 3 the
spouse becomes the statutory tenant by succession so long as he or she occupies 4 the dwellinghouse as a residence 5. A
cohabitee will qualify for protection as a statutory tenant by succession if he or she was living with the original
occupier as his or her wife or husband6. In the event of there being more than one person qualifying for protection as a
statutory tenant by succession, in default of agreement between them as to who should succeed to the tenancy, the
county court may determine who is to be the statutory tenant 7.
1
2
3
4
5
6
7
See the Rent (Agriculture) Act 1976 s 4 as amended by the Housing Act 1988 s 39(4), Sch 4 Pt II (1 Halsburys Statutes (4th
Edn) AGRICULTURE).
A person living with the original occupier as his or her wife or husband is to be treated as a spouse: see the Rent (Agriculture)
Act 1976 s 4(5A) as inserted by the Housing Act 1988 s 39(4), Sch 4 para 12.
As to protected occupiers by succession, see Paragraph 610 [5041]613 [5044] ante.
The meaning of occupies is the same as that in respect of the statutory tenant in his own right: see the Rent (Agriculture) Act
1976 s 4(5) as amended by the Rent Act 1977 s 155, Sch 23 para 72.
See the Rent (Agriculture) Act 1976 s 4(3) as amended by the Housing Act 1980 s 76.
See the Rent (Agriculture) Act 1976 s 4(5A) as inserted by the Housing Act 1988 s 39(4), Sch 4 para 12.
See the Rent (Agriculture) Act 1976 s 4(5B) as inserted by the Housing Act 1988 s 39(4), Sch 4 para 12.
[5061]
616
Statutory succession where there is no surviving spouse
If there is no surviving spouse who qualifies under the provisions mentioned in Paragraph 615 [5061] above, but there
is a member of the deceaseds family 1 residing with the deceased in the dwellinghouse 2 at the time of his or her death
and for two years before death, provided that the member of the family does not become a protected occupier by
succession3, he is entitled to an assured tenancy of the dwellinghouse by succession in the case of deaths on or after 15
January 19894.
1
3
4
Neither the Rent (Agriculture) Act 1976 nor the Rent Act 1977 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT)
defines the term member of his (the deceaseds) family. However, it has been held to cover illegitimate, adopted and stepchildren as well as persons related by blood or marriage and common law spouses: see Dyson Holdings Ltd v Fox [1976] QB
503, [1975] 3 All ER 1030, CA.
The successor must have resided with the original occupier in the dwellinghouse, rather than simply with the original occupier:
see the Rent (Agriculture) Act 1976 s 4(4) as amended by the Housing Act 1980 s 76(3) and the Housing Act 1988 s 39(4), Sch 4
para 11(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to protected occupiers by succession, see Paragraphs 610 [5041]613 [5044] ante.
See the Rent (Agriculture) Act 1976 s 4(4) as amended by the Housing Act 1980 s 76(3) and the Housing Act 1988 s 39(4), Sch
4 para 11(a).
[5062]
617
Security of a tenant by succession
A statutory tenancy by succession devolving upon a widow or widower is fully protected by the Rent (Agriculture) Act
1976, enjoying the same security of tenure 1, rent control2 and statutory terms 3 as the original occupier. A statutory
tenancy by succession devolving upon a member of the deceaseds family is an assured tenancy under the Housing Act
19884. Accordingly the security of tenure enjoyed by the member of the deceaseds family acquiring a statutory tenancy
by succession on or after 15 January 1989 is that available under the Housing Act 1988 and there is no control upon the
rent on fair rent principles5. A statutory tenancy cannot arise if the immediate landlords interest belongs to the Crown
or to a number of other bodies including local authorities and the Housing Corporation 6. Only one statutory tenancy by
succession is permitted by the Rent (Agriculture) Act 1976 7.
1
2
3
4
5
6
7
As to security of tenure, see Paragraphs 630 [5121]648 [5181] post.

As to rent control, see Paragraphs 620 [5081]626 [5087] post.
As to the statutory terms, see Paragraphs 618 [5071] and 619 [5073] post.
As to assured tenancies, see Paragraph 706 [5611] post.
As to rent under the Housing Act 1988 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT), see Paragraphs 715
[5641]721 [5648] post.
See the Rent (Agriculture) Act 1976 s 5 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Notwithstanding the amendment of the Rent (Agriculture) Act 1976 by the Housing Act 1988, the Rent (Agriculture) Act 1976
does not specifically limit the number of possible statutory successions, but it is clear that only one such succession is possible
from the use of the phrase original occupier in comparison with first successor in the Rent Act 1977 s 2, Sch 1 para 4. This
contrasts with the two possible statutory successors under the Rent Act 1977. The statutory tenant or protected occupier by
succession can, however, renew the licence or tenancy and obtain a protected occupancy by succession which, when determined,
gives rise to a statutory tenancy by succession.
[5063][5070]
(c) Terms of a statutory tenancy
618
General
For as long as a statutory tenant 1 remains in possession, he is subject to and entitled to the benefit of all the terms 2 and
conditions, express or implied or statutory 3, of the original contract4, but no rent is payable under a statutory tenancy
until it becomes payable by agreement 5 or by virtue of a notice of increase 6, the statutory tenant being obliged to pay
rent in accordance with the statutory provisions rather than the terms of the original contract 7. If the original contract
was a licence, the statutory tenancy is a weekly tenancy 8, and the terms of the statutory tenancy include any term which
would be implied if the contract had been a tenancy 9, in particular a covenant by the landlord for quiet enjoyment and
an obligation on the tenant to use the premises in a tenant-like manner 10.
1
2
As to the meaning of statutory tenant, see Paragraph 614 [5051] ante.

Term includes a condition of the tenancy or contract: see the Rent (Agriculture) Act 1976 s 10(1), Sch 5 para 1(3) (1 Halsburys
[5071]
3
4
5
6
7
8
9
10
See the Rent (Agriculture) Act 1976, Sch 5 para 2(2).

See the Rent (Agriculture) Act 1976, Sch 5 para 2(1). The original contract means the licence or tenancy on the termination of
which the statutory tenancy arose: see the Rent (Agriculture) Act 1976, Sch 5 para 1(1). However, no account is to be taken of
any term of the original contract under which the right of occupation depended or which itself depended, on the occupier being
employed in agriculture or in some other way: see the Rent (Agriculture) Act 1976, Sch 5 para 1(2). As to the meaning of
agriculture, see Paragraph 603 [5011] ante.
Ie under the Rent (Agriculture) Act 1976 s 11. As to rent under a statutory tenancy, see Paragraphs 620 [5081]626 [5087] post.
See the Rent (Agriculture) Act 1976 s 10(2). Notices of increase may be given under the Rent (Agriculture) Act 1976 s 12 or s
14. As to notices of increase of rent, see Paragraph 625 [5086] post, and for notices see Forms 303 [5320] and 304 [5323] post.
Note that the Rent (Agriculture) Act 1976 s 12 is amended to refer to the rateable value on 31 March 1990 or, where the
dwellinghouse had no rateable value on that date, the rent at which it is estimated the dwellinghouse might reasonably be
expected to be let from year to year, with the usual tenants covenants as to expenses: see the Rent (Agriculture) Act 1976 s 12(9)
(c) as inserted by the References to Rating (Housing) Regulations 1990 reg 2, Sch 11 para (b).
See the Rent (Agriculture) Act 1976, Sch 5 para 3.
[5072]
619
Implied terms
The tenant is obliged (irrespective of the terms of the original contract) 1:
619.1 not to use the dwellinghouse or any part of it for purposes other than those of a private dwellinghouse 2;
619.2 not to assign, sublet, or part with possession of the dwellinghouse or any part of it 3; and
619.3 to afford to the landlord access to the dwellinghouse and all reasonable facilities for executing in it any repairs
the landlord is entitled to execute 4.
Where any rates5 for the house are borne by the landlord or a superior landlord, the tenant is liable to pay the amount of
rates for each rental period6 as if it were rent payable under the statutory tenancy 7, but this liability does not arise
unless notice in writing to that effect is served by the landlord on the tenant 8. A statutory tenant wishing to give up
possession must give the notice to quit required by his original contract or four weeks notice to quit, whichever is the
longer9.
With certain exceptions 10, the landlord and the statutory tenant may by written agreement vary any of the
provisions of the statutory tenancy11.
1
2
3
4
5
Ie because the Rent (Agriculture) Act 1976, Sch 5 para 2(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) is expressed to be
subject to the other provisions of the Rent (Agriculture) Act 1976, Sch 5 and to ss 619: see the Rent (Agriculture) Act 1976, Sch
5 para 2(3).
See the Rent (Agriculture) Act 1976, Sch 5 para 7(2). However, this does not affect anything lawfully done before the beginning
of the statutory tenancy: see the Rent (Agriculture) Act 1976, Sch 5 para 7(3).
Rates includes water rates and charges and an occupiers drainage rate: see the Rent (Agriculture) Act 1976 s 34(1). General
rates have been superseded by a system of council tax and local non-domestic rates.
[5073]
6
7
8
9
10
In relation to a statutory tenancy under which no rent is payable, rental period means any period which would be a rental period
if a rent were payable: see the Rent (Agriculture) Act 1976, Sch 5 para 11(6). This will usually be a week: see the Rent
(Agriculture) Act 1976, Sch 5 para 3.
See the Rent (Agriculture) Act 1976, Sch 5 para 11(3) as amended by the Rent Act 1977 s 155, Sch 23 para 83.
See the Rent (Agriculture) Act 1976, Sch 5 para 11(4). For notices to increase or introduce payment of rent and rates, see Forms
303 [5320] and 304 [5323] post.
See the Rent (Agriculture) Act 1976, Sch 5 para 10 as amended by the Protection from Eviction Act 1977 s 12, Sch 1 para 4.
The Rent (Agriculture) Act 1976, Sch 5 para 12(4) as amended by the Housing (Consequential Provisions) Act 1985 s 4, Sch 2
para 33(5)(a) provides that the landlord and the statutory tenant cannot authorise an agreement by consent resulting in:
(1)
a substantial addition to the land or premises the statutory tenant is entitled to occupy; or
(2)
the breach of any obligation implied by law, and in particular the breach of an obligation imposed by the Landlord
and Tenant Act 1985 s 11 (21 Halsburys Statutes (4th Edn) HOUSING) (landlords obligation to repair); or
(3)
(4)
11
the circumstances in which the statutory tenant can give notice to quit (sic); or
the inclusion of any term relating to the landlords employment of the tenant, or of any other term unrelated to the
occupation of the dwellinghouse.
[5074][5080]
(d) Rent under a statutory tenancy
620
General
No rent is payable under a statutory tenancy 1 until it becomes payable by virtue of an agreement 2 or by virtue of a
notice of increase3.
1
2
3
As to statutory tenancies, see Paragraphs 614 [5051]619 [5073] ante.

Ie an agreement under the Rent (Agriculture) Act 1976 s 11 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie a notice of increase given under the Rent (Agriculture) Act 1976 ss 12 (as amended by the References to Rating (Housing)
Regulations 1990/434 reg 2, Schedule paras 1113) or 14: see the Rent (Agriculture) Act 1976 s 10(2). For notices to increase or
introduce payment of rent and rates, see Forms 303 [5320] and 304 [5323] post. The definition of rent based on rateable value
in the Rent (Agriculture) Act 1976 s 12 is amended to refer to the rateable value on 31 March 1990 or, where the dwellinghouse
had no rateable value on that date, the rent at which it is estimated the dwellinghouse might reasonably be expected to be let
from year to year, with the usual tenants covenants as to expenses: see the Rent (Agriculture) Act 1976 s 12(9)(c) as inserted by
the References to Rating (Housing) Regulations 1990 reg 2, Sch 11 para (b).
[5081]
621
Agreed rents
A landlord and a statutory tenant may fix the rent payable, if any, under a statutory tenancy by an agreement made at
any time1. The rent so fixed must not exceed the registered rent for the dwellinghouse or, if no rent is registered, a rent
based on the rateable value 2. The Rent (Agriculture) Act 1976 provides that a rent based on the rateable value must not
exceed the equivalent of a yearly rent of one and a half times the rateable value of the dwellinghouse (or such other
multiple as may be prescribed)3. Where an agreement fixes the rent payable at a sum above the appropriate maximum,
the landlord may not recover the excess. Further, the tenant may recover any excess paid to the landlord in error up to
two years after the date of payment 4. Unless the contrary intention appears from the agreement, the agreement may be
determined by either party by written notice 5, or may be varied in any respect (other than in respect of the maximum
rent payable) by a further agreement 6.
1
4
5
See the Rent (Agriculture) Act 1976 s 11(1),(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). At any time includes a time
before the beginning of the statutory tenancy, or a time when a rent is registered for the dwellinghouse: see the Rent
(Agriculture) Act 1976 s 11(2).
See the Rent (Agriculture) Act 1976 s 11(3). The definition of rent based on rateable value in the Rent (Agriculture) Act 1976 s
12 is amended to refer to the rateable value on 31 March 1990 or, where the dwellinghouse had no rateable value on that date,
the rent at which it is estimated the dwellinghouse might reasonably be expected to be let from year to year, with the usual
tenants covenants as to expenses: see the Rent (Agriculture) Act 1976 s 12(9)(c) as inserted by the References to Rating
(Housing) Regulations 1990 reg 2, Sch 11 para (b).
See the Rent (Agriculture) Act 1976 s 12(9). The county court can determine any dispute as to rateable value: see the Rent
(Agriculture) Act 1976 s 16(5). Sections 12(9) and 16(5) are both amended by the References to Rating (Housing) Regulations
1990: see note 2 above.
See the Rent (Agriculture) Act 1976 ss 11(5), 21.
See the Rent (Agriculture) Act 1976 s 11(6). The notice must specify the date from which the agreement is ended, and that date
must not be less than four weeks after service of the notice: see the Rent (Agriculture) Act 1976 s 11(7). Commonly, the landlord
will wish to terminate the agreement on the imposition of a provisional rent (see the Rent (Agriculture) Act 1976 s 12 and
Paragraph 623 [5084] post) or following the registration of a fair rent (see the Rent (Agriculture) Act 1976 s 14 and Paragraph
624 [5085] post). In both situations the notice terminating the agreement under the Rent (Agriculture) Act 1976 s 11 can be
included in the necessary notice of increase under the Rent (Agriculture) Act 1976 ss 12 or 14: see ibid ss 12(5), 14(4) and
Forms 303 [5320] and 304 [5323] post. In each case the notice must state that it is to operate to terminate the agreement under
the Rent (Agriculture) Act 1976 s 11 and the rent payable or last payable under that agreement. Note that by the Rent
(Agriculture) Act 1976 s 11(7) a notice terminating an agreement under that section must not expire earlier than 4 weeks after
service of the notice. Consequently, the date from which the notice of increase is to take effect must also be at least 4 weeks after
service of the notice: see the Rent (Agriculture) Act 1976 ss 12(6), 14(5). This is in sharp distinction to the position where there
is no agreed rent under the Rent (Agriculture) Act 1976 s 11, when the notice of increase can be back-dated by up to 4 weeks
before service: see the Rent (Agriculture) Act 1976 ss 12(4), 14(3).
See the Rent (Agriculture) Act 1976 s 11(8). An agreement may be varied regardless of whether there has been a change in the
persons who are landlord and tenant: see the Rent (Agriculture) Act 1976 s 11(8).
[5082]
622
Expiry of agreement
At the expiry of a rent agreement, if no notice of increase of rent 1 has taken effect and no subsequent agreement is in
force, the rent under the statutory tenancy remains the same as under the agreement, payable for the same rental period
and in the same manner as before 2. Where a rent is registered for a dwellinghouse after the termination of a rent
agreement, the rent payable from the date the registration takes effect must not exceed the registered rent 3.
1
2
3
Ie a notice under the Rent (Agriculture) Act 1976 ss 12 (as amended by the References to Rating (Housing) Regulations
1990/434 reg 2, Schedule paras 1113) or 14. For notices to increase or i~troduce payment of rent and rates, see Forms 303
[5320] and 304 [5323] post
See the Rent (Agriculture) Act 1976 s 11(9). If the agreement provided that no rent was payable under the statutory tenancy, then
no rent is payable following its expiry: see the Rent (Agriculture) Act 1976 s 11(11).
See the Rent (Agriculture) Act 1976 s 11(10). If the rent payable under an agreement exceeds the registered rent, the landlord
cannot recover the difference between them: see the Rent (Agriculture) Act 1976 s 11(10). If the tenant in error pays the
difference he is entitled to recover that difference for a period of up to two years from the date of payment: see the Rent
(Agriculture) Act 1976 s 21.
[5083]
623
Provisional rents
Where no rent is registered for a dwellinghouse subject to a statutory tenancy, if the rent payable is less than the rent
based on the rateable value 1 would be, it may be increased to that higher level by service of notice of increase by the
landlord on the tenant2. Such a notice may have the effect of determining a rent agreement 3. Where a rent is registered
at any time after notice has been served, as from the date the registration takes effect the rent payable in accordance
with the notice must not exceed the registered rent 4. Similarly, where a rent is registered, the rent may, if less than the
registered rent, be increased by notice served on the tenant 5.
1
3
4
5
The definition of rent based on rateable value in the Rent (Agriculture) Act 1976 s 12 is amended to refer to the rateable value
on 31 March 1990 or, where the dwellinghouse had no rateable value on that date, the rent at which it is estimated the
dwellinghouse might reasonably be expected to be let from year to year, with the usual tenants covenants as to expenses: see the
Rent (Agriculture) Act 1976 s 12(9)(c) as inserted by the References to Rating (Housing) Regulations 1990 reg 2, Sch 11 para
(b).
See the Rent (Agriculture) Act 1976 s 12(1),(2) (1 Halsburys Statutes (4th Edn) AGRICULTURE). The notice must specify the
amount of the rent based on the rateable value and set out the landlords calculation of that amount: see the Rent (Agriculture)
Act 1976 s 12(3). The notice must also specify the date it is to take effect, which must not be earlier than four weeks before
service of it and not at a time when a rent agreement under the Rent (Agriculture) Act 1976 s 11 is in force: see the Rent
(Agriculture) Act 1976 s 12(4). In the event that the notice should take effect upon the termination of an agreement under the
Rent (Agriculture) Act 1976 s 11, it must say so, and specify the rent last payable under that agreement: see the Rent
(Agriculture) Act 1976 s 12(5).
See the Rent (Agriculture) Act 1976 s 14(1),(2). The notice must specify the amount of the registered rent, and the date from
which the notice is to take effect, being not earlier than four weeks before service, and not at a time when an agreement under the
Rent (Agriculture) Act 1976 s 11 is in force: see the Rent (Agriculture) Act 1976 s 14(3). If the notice takes effect immediately
after an agreement under the Rent (Agriculture) Act 1976 s 11, it must say so, and specify the rent last payable under the
agreement: see the Rent (Agriculture) Act 1976 s 14(4). As with a notice under the Rent (Agriculture) Act 1976 s 12 (as amended
by the References to Rating (Housing) Regulations 1990/434 reg 2, Schedule paras 1113), a notice under the Rent (Agriculture)
Act 1976 s 14 may determine a rent agreement and raise the rent at the same time, if it fulfils the conditions as to the timing of a
notice under the Rent (Agriculture) Act 1976 s 11: see the Rent (Agriculture) Act 1976 s 14(5) and Paragraph 621 note 5 [5082]
ante.
[5084]
624
Registration of a fair rent
Rents for dwellinghouses subject to statutory tenancies as defined in the Rent (Agriculture) Act 1976 may be registered
in part of the register kept for the purposes of the Rent Act 1977 1. The provisions relating to a registration of a fair rent
under the Rent (Agriculture) Act 1976 are complicated, incorporating a number of provisions from the Rent Act 1977
(as amended by the Housing Act 1980). It is beyond the scope of this Commentary to consider these provisions in any
detail, but it should be noted that, if the rent payable for any period of the statutory tenancy beginning on or after the
date of registration would be less than the registered rent, it may be increased up to the amount of that rent, by a notice
served by the landlord on the tenant2. It should also be noted that the traditional view that a fair rent is markedly less
than a market rent may no longer be a sound premise 3.
1
2
3
Ie the Rent Act 1977 Pt IV (ss 6275) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT): see the Rent (Agriculture)
Act 1976 s 13(1) as amended by the Rent Act 1977 s 155, Sch 23 para 75(a) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
For the prescribed form of application for registration of a fair rent, see Form 305 [5334] post.
See the Rent (Agriculture) Act 1976 s 14. See generally 27(2) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT
para 1015 et seq.
BTE Ltd v Merseyside and Cheshire Rent Assessment Committee [1992] 16 EG 111; Spath Holme Ltd v Chairman of the Greater
Manchester and Lancashire Rent Assessment Committee [1995] 49 EG 128.
[5085]
625
Notices of increase
A notice of increase of rent1 may be served before a statutory tenancy2 has begun3. Where a notice is served before the
statutory tenancy has begun and a notice to quit served simultaneously could determine the subsisting protected
occupancy4 before the date specified in the notice of increase, the notice operates to determine the protected occupancy
as from that date5.
Errors or omissions in a notice caused by a bona fide mistake on the landlords part may be amended by the
county court to prevent the notice being invalid 6. Such an amendment may be made on such terms and conditions as to
arrears of rent or otherwise as appear to the court to be just and reasonable 7.
1
2
3
4
5
6
7
Ie a notice of increase under the Rent (Agriculture) Act 1976 ss 12 (as amended by the References to Rating (Housing)
Regulations 1990/434 reg 2, Schedule paras 1113) or 14 (1 Halsburys Statutes (4th Edn) AGRICULTURE). As to agreed rents,
see Paragraph 621 [5082] ante. For notices of increase, see Forms 303 [5320] and 304 [5323] post.
See the Rent (Agriculture) Act 1976 s 16(1),(2).
As to protected occupiers, see Paragraph 601 [5001] ante.
See the Rent (Agriculture) Act 1976 s 16(3). But note that many protected occupancies will be fixed term tenancies/licences
referable to the duration of the tenants employment. A notice to quit would accordingly be of no effect.
[5086]
626
Restrictions on requirement to pay rent in advance
Any requirement that rent under a protected occupancy, or under a statutory tenancy, shall be payable either:
626.1 before the beginning of the rental period1 in respect of which it is payable2; or
626.2 earlier than six months before the end of the rental period in respect of which it is payable (if that period is more
than six months)3
is void, and is described as a prohibited requirement 4. Rent payable for any rental period to which a prohibited
requirement relates is irrecoverable from the tenant 5. Criminal penalties are available against a person seeking to
impose a prohibited requirement6. This does not, however, mean that rent cannot be demanded in advance, merely not
in advance of the rental period7.
1
2
3
4
5
6
7
Rental period means a period in respect of which a payment of rent falls to be made: see the Rent (Agriculture) Act 1976 s
20(4) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976 s 20(1)(a).
[5087][5100]
5: PLANNING PERMISSION
627
Suspension of condition attached to planning permission
Any condition attached to planning permission 1 granted for a dwellinghouse limiting its occupation to an agricultural 2
or forestry3 worker is suspended for the duration of any protected occupancy 4 or statutory tenancy5, or of any tenancy
that is protected or statutory for the purposes of the Rent Act 1977 6 and that if it were a tenancy at a low rent 7, and if
(where relevant) any earlier tenancy granted to the tenant or a member of his family had been a tenancy at a low rent,
would be a protected occupancy or statutory tenancy8.
1
2
3
4
5
6
7
As to planning permission under the Town and Country Planning Act 1990 Pt III (ss 55106) (46 Halsburys Statutes (4th Edn)
TOWN AND COUNTRY PLANNING), see 46 Halsburys Laws (4th Edn) para 87 et seq.
As to the meaning of forestry, see Paragraph 603 [5011] ante.
Ie the Rent Act 1977 ss 1, 2 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to protected and statutory
tenancies under the Rent Act 1977, see generally 27 Halsburys Laws (4th Edn) LANDLORD AND TENANT para 580 et seq.
Tenancy at a low rent means a tenancy under which either no rent is payable or the rent payable is less than two-thirds of the
rateable value that is or was the rateable value of the dwellinghouse on the appropriate day for the purposes of the Rent Act
1977: see the Rent (Agriculture) Act 1976 s 34(1) as amended by the Rent Act 1977 s 155, Sch 23 para 77.
See the Rent (Agriculture) Act 1976 s 33 as amended by the Rent Act 1977 s 155, Sch 23 para 77 (1 Halsburys Statutes (4th
Edn) AGRICULTURE).
[5101][5110]
6: SUB-TENANTS
628
General position of sub-tenants
The Rent (Agriculture) Act 19761 provides security of tenure for sub-tenants against a head landlord on the termination
of the head tenancy. In order to qualify for protection the sub-tenant must be a lawful sub-tenant who is a protected
occupier2 or statutory tenant3 within the meaning of the Rent (Agriculture) Act 1976. The protection afforded to the
sub-tenant is the same whether the head tenancy is protected by the Rent (Agriculture) Act 1976 or the Rent Act 1977 4.
The provisions of the Rent (Agriculture) Act 1976 follow closely the provisions of the Rent Act 1977 5.
1
2
3
4
5
Ie the Rent (Agriculture) Act 1976 s 9 as amended by the Agricultural Tenancies Act 1995 s 40, Schedule para 25 (1 Halsburys
As to statutory tenancies, see Paragraph 614 [5051]626 [5087] ante.
Ie the Rent Act 1977 s 137 as amended by the Agricultural Tenancies Act 1995 s 40, Schedule para 28 (23 Halsburys Statutes
(4th Edn) LANDLORD AND TENANT). See 27 Halsburys Laws (4th Edn) LANDLORD AND TENANT para 691 et seq.
[5111]
629
Further protection of sub-tenants
The Rent (Agriculture) Act 1976, however, contains two further provisions to assist the sub-tenant.
629.1 The protection given to the sub-tenant is not limited to the situation where the head tenancy falls within either
the Rent (Agriculture) Act 1976 or the Rent Act 1977. A lawful sub-tenant of the whole or part of the premises,
who is a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976 remains
protected on such terms as exist in respect of the sub-tenancy where the head tenancy was held under either the
Agricultural Holdings Act 19861, the Agricultural Tenancies Act 1995 or the Landlord and Tenant Act 1954 Part
I2.
629.2 Where a dwellinghouse has been let on a superior tenancy that is not a statutorily protected tenancy 3 and the
dwellinghouse itself is subject to a protected occupancy or a statutory tenancy and the head tenancy determines,
the Rent (Agriculture) Act 1976 applies as if there had been separate tenancies of the dwellinghouse and the rest
of the premises or holding4.
1
2
3
Ie the Agricultural Holdings Act 1986 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see the Rent (Agriculture) Act 1976 s
9(4) as amended by the Agricultural Holdings Act 1986 s 100, Sch 14 para 57 and by the Agricultural Tenancies Act 1995 s 40,
Schedule para 25 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie the Landlord and Tenant Act 1954 Pt I (ss 122) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT): see the Rent
(Agriculture) Act 1976 s 9(4),(5) as amended by the Agricultural Tenancies Act 1995 s 40, Schedule para 25.
Statutorily protected tenancy means a protected occupancy or a statutory tenancy or a Rent Act protected or statutory tenancy
or a tenancy of an agricultural holding: see the Rent (Agriculture) Act 1976 s 9(4) as amended by the Agricultural Holdings Act
1986 s 100, Sch 14 para 57 and by the Agricultural Tenancies Act 1995 s 40, Schedule para 25.
See the Rent (Agriculture) Act 1976 s 9(3) as amended by the Agricultural Tenancies Act 1995 s 40, Schedule para 25.
[5112][5120]
C: SECURITY OF TENURE
630
Generally
A court must not make an order for possession of a dwellinghouse subject to a protected occupancy 1 or statutory
tenancy2 except in the cases contained in the Rent (Agriculture) Act 1976 Schedule 4 3. The Rent (Agriculture) Act
1976 adopts the same approach as the Rent Act 1977 and provides two types of grounds for possession:
630.1 discretionary cases where the court may make an order for possession only if it considers it reasonable to do
so4; and
630.2 mandatory cases where the court must make an order for possession5.
1
2
3
4
5

As to statutory tenancies generally, see Paragraphs 614 [5051]626 [5087] ante.
See the Rent (Agriculture) Act 1976 s 6(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the cases where the court has a discretion, see Paragraphs 632 [5131]644 [5158] post.
As to the mandatory cases, see Paragraphs 645 [5171]647 [5175] post.
[5121]
631
Powers of the court in discretionary cases
In all cases where the court has a discretion, the court may adjourn an order for such periods as it thinks fit 1 and further,
at the time of making the order or at any time before its execution, the court may stay or suspend execution of the order
or postpone the date of possession for such periods as it thinks fit 2. On any such adjournment, stay, suspension or
postponement the court must, unless it considers that to do so would cause exceptional hardship to the tenant 3 or would
otherwise be unreasonable, impose conditions with regard to the payment by the tenant of any arrears of rent, rent or
payments in respect of occupation after termination of the occupancy and may impose such other conditions as it thinks
fit4. A spouse with rights of occupation under the Matrimonial Homes Act 1983 5 has the same rights in connection with
any such adjournment, stay, suspension or postponement as he or she would have if those rights of occupation were not
affected by the termination of the tenancy6.
1
2
3
4
5
6
See the Rent (Agriculture) Act 1976 s 7(2A) as inserted by the Housing Act 1980 s 75(5) (1 Halsburys Statutes (4th Edn)
AGRICULTURE).
In the Rent (Agriculture) Act 1976 s 7 tenant means a protected occupier (see Paragraph 601 [5001] ante) or a statutory tenant
(see Paragraph 614 [5051]626 [5087] ante) and tenancy is to be construed accordingly: see the Rent (Agriculture) Act 1976 s
7(6).
See the Rent (Agriculture) Act 1976 7(4) as substituted by the Housing Act 1980 s 75(6). If the tenant complies with the imposed
conditions, the court may discharge or rescind the order for possession, if it thinks fit: see the Rent (Agriculture) Act 1976 s 7(5).
Ie under the Matrimonial Homes Act 1983 s 1 (27 Halsburys Statutes (4th Edn) MATRIMONIAL LAW).
See the Rent (Agriculture) Act 1976 s 7(5A),(5B) as inserted by the Housing Act 1980 s 75(7).
[5122][5130]
2: CASES WHERE THE COURT HAS A DISCRETION TO ORDER POSSESSION
(a) Case I
632
Alternative accommodation not provided by the housing authority1
The court has discretionary power 2 to make an order for possession against a protected occupier 3 or statutory tenant4
where the court is satisfied that suitable alternative accommodation 5 is available for the tenant 6 or will be available for
him when the order for possession takes effect 7.
1
2
3
4
5
6
7
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case I as amended by the Rent Act 1977 s 155, Sch 23 para 82, the Housing
(Consequential Provisions) Act 1985 s 4, Sch 2 para 33(1),(4)(a), the Housing and Planning Act 1986 s 13(3) and the Housing
Act 1988 s 140(2), Sch 18 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the courts powers on the making of a discretionary order, see Paragraph 631 [5122] ante.
As to statutory tenancies, see Paragraphs 614 [5051]-626 [5087] ante.
As to the suitability of accommodation, see the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case I para 2 as amended by the Rent
Act 1977 s 155, Sch 23 para 82(a),(b) and see Paragraph 633 [5132] post.
In the Rent (Agriculture) Act 1976, Sch 4 tenant means a protected occupier or a statutory tenant: see the Rent (Agriculture)
Act 1976 s 6(4).
See the Rent (Agriculture) Act 1976, Sch 4 Case I para 1.
[5131]
633
Suitable accommodation
Accommodation is deemed suitable if it consists of:
633.1 premises to be let as a separate dwelling such that they will then be let on a protected tenancy within the
meaning of the Rent Act 19771; or
633.2 premises to be let as a separate dwelling on terms that will, in the courts opinion, afford security of tenure to
the tenant reasonably equivalent to the security afforded by the Rent Act 1977 2, in the case of a protected
tenancy, and, in the opinion of the court, the accommodation fulfils certain conditions 3.
Accommodation is not deemed to be suitable to the needs of the tenant and his family if the result of their occupation of
the accommodation would be that it would be an overcrowded dwellinghouse for the purposes of the Housing Act 1985
Part X4. No account is to be taken of accommodation as respects which an offer has been made or notice has been
given, as mentioned in the Rent (Agriculture) Act 1976, Schedule 4 Case II paragraph 1 5.
1
2
3
4
See the Rent Act 1977 s 1 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Rent Act 1977 ss 98107.
As to the conditions, see Paragraph 634 [5133] post.
See the Rent (Agriculture) Act 1976, Sch 4 Case I para 4 as amended by the Housing (Consequential Provisions) Act 1985 s 4,
Sch 2 para 33(4) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976, Sch 4 Case I para 6. As to the Rent (Agriculture) Act 1976 Case II, see Paragraphs 635
[5141] and 636 [5142] post.
[5132]
634
The conditions that must be fulfilled
The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place
of work and either:
634.1 similar as regards rental and extent to the accommodation afforded by dwellinghouses provided in the
neighbourhood by the housing authority concerned 1 for persons whose needs as regards extent are similar to
those of the tenant and his family2, or
634.2 reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent
and character3.
If any furniture was provided by the landlord for use under the tenancy, furniture must be provided for use in the
alternative accommodation that is either similar, or is reasonably suitable to the needs of the tenant and his family 4.
[5133]
1
3
4
The housing authority concerned means the local housing authority within the meaning of the Housing Act 1985 s 1 (21
Halsburys Statutes (4th Edn) HOUSING): see the Rent (Agriculture) Act 1976 s 27(3) as amended by the Housing
(Consequential) Provisions) Act 1985 s 4, Sch 2 para 33(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
For the purposes of the Rent (Agriculture) Act 1976, Sch 4 Case I para 3(1), a certificate of the housing authority concerned
stating:
(1)
the extent of the accommodation afforded by dwellinghouses provided by the authority to meet the needs of tenants
with families of such number as may be specified in the certificate; and
(2)
the amount of the rent charged by the housing authority concerned for dwellinghouses affording accommodation of
that extent;
is conclusive evidence of the facts so stated: see the Rent (Agriculture) Act 1976, Sch 4 Case I para 3(2). Any document
purporting to be a certificate of the housing authority concerned, signed by the proper officer of the authority, must be received
in evidence and, unless the contrary is shown, is deemed to be such a certificate without further proof: see the Rent (Agriculture)
Act 1976, Sch 4 Case I para 5.
See the Rent (Agriculture) Act 1976, Sch 4 Case I para 3(1).
See the Rent (Agriculture) Act 1976, Sch 4 Case I para 3(3).
[5134][5140]
(b) Case II
635
Alternative accommodation provided or arranged by housing authority1
where:
635.1 the housing authority concerned5 has made an offer in writing to the tenant of alternative accommodation
appearing to it to be suitable 6, specifying the date when the accommodation will be available and the date (not
being less than 14 days from the date of the offer) by which the offer must be accepted 7, or
635.2 the housing authority concerned has given notice in writing to the tenant that it has received from a person
specified in the notice an offer in writing to rehouse the tenant in alternative accommodation appearing to the
housing authority concerned to be suitable, and the notice specifies the date on which the accommodation will
be available and the date (not being less than 14 days from the date when the notice was given to the tenant) by
which the offer must be accepted8 and the landlord shows that either:
635.2.1 the tenant accepted the offer within the time duly specified or
635.2.2 the tenant did not so accept the offer and the tenant does not satisfy the court that he acted reasonably
in failing to accept9.
1
2
3
4
5
6
7
8
9
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case II (1 Halsburys Statutes (4th Edn) AGRICULTURE).
(Consequential) Provisions) Act 1985 s 4, Sch 2 para 33(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to suitability of accommodation, see Paragraph 636 [5142] post.
The date must be not less than 14 days from the date of the offer: see the Rent (Agriculture) Act 1976, Sch 4 Case II para 1.
See the Rent (Agriculture) Act 1976, Sch 4 Case II para 1.
[5141]
636
The accommodation
In the courts opinion the accommodation offered must be reasonably suitable to the needs of the tenant and his family
as regards proximity to place of work, and must be reasonably suitable to the means of the tenant, and to the needs of
the tenant and his family as regards extent 1. If the accommodation is available for a limited period only, the housing
authoritys offer or notice2 must contain an assurance that other accommodation the availability of which is not so
limited, and appearing to the authority to be suitable, and fulfilling the conditions of suitability 3 will be offered to the
tenant as soon as practicable4.
1
2
3
4
See the Rent (Agriculture) Act 1976, Sch 4 Case II para 3 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Ie the offer or notice under the Rent (Agriculture) Act 1976, Sch 4 Case II para 1.
Ie the conditions laid down in the Rent (Agriculture) Act 1976, Sch 4 Case II para 3.
[5142][5150]
(c) Cases IIIX
637
Case III: rent unpaid1
where:
637.1 rent lawfully due from the tenant has not been paid or
637.2 any other lawful obligation of the tenancy, whether it is a statutory obligation or not, has been broken or has not
been performed.
1
2
3
4
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case III (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[5151]
638
Case IV: tenants conduct1
where the tenant, or any person residing or lodging with him or sub-tenant of his, has been guilty of conduct that is a
nuisance or annoyance 5 to adjoining occupiers, or has been convicted of using the dwellinghouse, or allowing it to be
used, for immoral or illegal purposes.
1
2
3
4
5
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case IV (1 Halsburys Statutes (4th Edn) AGRICULTURE).
As to the meaning of nuisance, see Walter v Selfe (1851) 4 De G & Sm 315. As to the meaning of annoyance, see Tod-Heatly
v Benham (1888) 40 ChD 80, CA and Wood v Cooper [1894] 3 Ch 671.
[5152]
639
Case V: deterioration of dwelling1
where the condition of the dwellinghouse has, in the opinion of the court, deteriorated owing to acts of waste by, or the
neglect or default of, the tenant or any person residing or lodging with him, or any sub-tenant of his 5. If the person at
fault is not the tenant, the court must be satisfied that the tenant has not, before the making of the order for possession,
taken such steps as he ought reasonably to have taken for the removal of the person at fault 6.
1
2
3
4
5
6
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case V (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976, Sch 4 Case V para 1.
See the Rent (Agriculture) Act 1976, Sch 4 Case V para 2.
[5153]
640
Case VI: deterioration of furniture1
where the condition of any furniture provided by the landlord for use under the tenancy has, in the opinion of the court,
deteriorated owing to ill-treatment by the tenant or any person residing or lodging with him, or any sub-tenant of his 5.
If the person at fault is not the tenant, the court must be satisfied that the tenant has not, before the making of the order
for possession, taken such steps as he ought reasonably to have taken for the removal of the person at fault 6.
1
2
3
4
5
6
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case VI (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976, Sch 4 Case VI para 1.
See the Rent (Agriculture) Act 1976, Sch 4 Case VI para 2.
[5154]
641
Case VII: sale of property after tenants notice to quit1
where the tenant has given notice to quit and in consequence of that notice the landlord has contracted to sell or let the
dwellinghouse, or has taken any other steps as a result of which he would, in the opinion of the court, be seriously
prejudiced if he could not obtain possession5. This Case does not apply where the tenant has given notice to determine
his employment and that notice has operated to determine the tenancy6.
1
2
3
4
5
6
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case VII (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976, Sch 4 Case VII para 1.
See the Rent (Agriculture) Act 1976, Sch 4 Case VII para 2.
[5155]
642
Case VIII: unlawful assignment1
where the tenant has assigned, sub-let or parted with possession of all or part of the dwelling house without the
landlords consent5. This Case does not apply if the assignment, subletting or parting with possession was effected
before the Rent (Agriculture) Act 1976 came into force 6.
1
2
3
4
5
6
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case VIII (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976, Sch 4 Case VIII para 1.
See the Rent (Agriculture) Act 1976, Sch 4 Case VIII para 2. As to the operative date, see the Rent (Agriculture) Act 1976 s
1(6).
[5156]
643
Case IX: dwellinghouse required by landlord as residence1
where the dwellinghouse is reasonably required by the landlord for occupation as a residence for:
643.1 himself5; or
643.2 any son or daughter of his over 18 years of age6; or
643.3 his father or mother, or the father or mother of his wife, or husband 7; or
643.4 his grandfather or grandmother or the grandfather or grandmother of his wife, or husband 8,
and the landlord did not become landlord by purchasing the dwellinghouse, or any interest in it, after 12 April 1976 9.
Having regard to all the circumstances of the case, including the question whether other accommodation is available for
the landlord or the tenant, the court must be satisfied that no greater hardship would be caused by granting the order
than by refusing to grant it 10. If a landlord obtains an order for possession on this ground, and it is subsequently made
to appear to the court that it was obtained by misrepresentation or concealment of material facts, the court may order
the landlord to pay to the former tenant such compensation for damage or loss sustained as appears sufficient 11.
1
2
3
4
5
6
7
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case IX (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976, Sch 4 Case IX para 1(a).
See the Rent (Agriculture) Act 1976, Sch 4 Case IX para 1(b).
See the Rent (Agriculture) Act 1976, Sch 4 Case IX para 1(c).
8
9
10
11
See the Rent (Agriculture) Act 1976, Sch 4 Case IX para 1(d).
See the Rent (Agriculture) Act 1976, Sch 4 Case IX para 1.
See the Rent (Agriculture) Act 1976, Sch 4 Case IX para 2.
[5157]
644
Case X: subletting at excessive rent1
where any part of the dwellinghouse is sub-let5 and the court is satisfied that the rent charged by the tenant is or was in
excess of the maximum rent recoverable 6 for that part7.
1
2
3
4
5
6
See the Rent (Agriculture) Act 1976 s 6(1), Sch 4 Case X as amended (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976, Sch 4 Case X para 1.
Ie having regard to the provisions of the Rent Act 1977 Pt III (ss 4461) or Pt V (ss 7685) (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT), or the Rent (Agriculture) Act 1976 Pt II (ss 619): see the Rent (Agriculture) Act 1976, Sch 4 Case
X para 2 as substituted by the Rent Act 1977 s 155, Sch 23 para 82(c) and amended by the Housing Act 1980 s 152(3), Sch 26.
See the Rent (Agriculture) Act 1976, Sch 4 Case X para 2. This does not apply to a rental period beginning before the Act came
into force: see the Rent (Agriculture) Act 1976, Sch 4 Case X para 3.
[5158][5170]
3: CASES IN WHICH THE COURT MUST ORDER POSSESSION
645
Case XI: dwellinghouse required as residence for original occupier1
The court must make an order for possession against a protected occupier 2 or statutory tenant3 where:
645.1 the person who granted the tenancy or, as the case may be, the original tenancy 4 (the original occupier) was,
prior to granting it, occupying the dwellinghouse as his residence 5; and
645.2 the court is satisfied that the dwellinghouse is required as a residence for the original occupier or any member of
his family who resided with him when he last occupied the dwellinghouse as his residence 6; and
645.3 not later than the relevant date 7 the original occupier gave notice in writing to the tenant that possession might
be recovered under this Case8; and
645.4 the dwellinghouse has not since the operative date 9 been let by the original occupier to a tenant as respects
whom the condition mentioned in sub-paragraph 645.3 was not satisfied 10.
[5171]
1
2
3
4
5
6
7
9
10
See the Rent (Agriculture) Act 1976 s 6(6), Sch 4 Case XI (1 Halsburys Statutes (4th Edn) AGRICULTURE).
Original tenancy, in relation to a statutory tenancy, means the tenancy on the termination of which the statutory tenancy arose:
see the Rent (Agriculture) Act 1976, Sch 4 Case XI para 6.
See the Rent (Agriculture) Act 1976, Sch 4 Case XI para 1.
See the Rent (Agriculture) Act 1976, Sch 4 Case XI para 2.
The relevant date means the date of the commencement of the tenancy or, as the case may be, the original tenancy, or the
expiration of the period of six months beginning with the operative date, whichever is the later: see the Rent (Agriculture) Act
1976, Sch 4 Case XI para 6. The operative date means the date on which the Act came into force: see the Rent (Agriculture)
Act 1976 s 1(6).
See the Rent (Agriculture) Act 1976, Sch 4 Case XI para 3. The court may dispense with the requirements of ibid, Sch 4 Case XI
para 3 or para 4, or of both those paragraphs, if of the opinion that it is just and equitable to do so: see the Rent (Agriculture) Act
1976, Sch 4 Case XI para 5.
As to the operative date, see the Rent (Agriculture) Act 1976 s 1(6).
See the Rent (Agriculture) Act 1976, Sch 4 Case XI para 4. The court may dispense with the requirements of ibid, Sch 4 Case XI
para 3 or para 4, or of both those paragraphs, if of the opinion that it is just and equitable to do so: see the Rent (Agriculture) Act
1976, Sch 4 Case XI para 5.
[5172]
646
Case XII: dwellinghouse required as retirement home1
The court must make an order for possession against a protected occupier 2 or statutory tenant3 where:
646.1 the person who granted the tenancy or, as the case may be, the original tenancy (the owner) acquired the
dwellinghouse or any interest in it with a view to occupying it as his residence at such time as he should retire
from regular employment 4; and
646.2 the court is satisfied that
646.2.1 the owner has retired from regular employment and requires the dwellinghouse as his residence, or
646.2.2. that the owner has died and the dwellinghouse is required as a residence for a member of his family
who was residing with him at the time of his death5; and
646.3 not later than the relevant date 6 the owner gave notice in writing that possession might be recovered under this
Case7; and
646.4 the dwellinghouse has not since the operative date 8 been let by the owner to a tenant as respects whom the
condition mentioned in sub-paragraph 646.3 was not satisfied 9.
[5173]
1
2
3
4
5
6
8
9
See the Rent (Agriculture) Act 1976 s 6(6), Sch 4 Case XII (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976, Sch 4 Case XII para 1.
See the Rent (Agriculture) Act 1976, Sch 4 Case XII para 2.
The relevant date means the date of the commencement of the tenancy or, as the case may be, the original tenancy, or the
expiration of the period of six months beginning with the operative date, whichever is the later: see the Rent (Agriculture) Act
1976, Sch 4 Case XI para 6. The operative date means the date on which the Act came into force: see the Rent (Agriculture)
Act 1976 s 1(6).
See the Rent (Agriculture) Act 1976, Sch 4 Case XII para 3. The court may dispense with the requirements of the Rent
(Agriculture) Act 1976, Sch 4 Case XII para 3 or para 4 or both of those paragraphs, if of the opinion that it is just and equitable
to do so: see the Rent (Agriculture) Act 1976, Sch 4 Case XII para 5.
The operative date means the date on which the Act came into force: see the Rent (Agriculture) Act 1976 s 1(6).
See the Rent (Agriculture) Act 1976, Sch 4 Case XII para 4. The court may dispense with the requirements of the Rent
(Agriculture) Act 1976, Sch 4 Case XII para 3 or para 4 or both of those paragraphs, if of the opinion that it is just and equitable
to do so: see the Rent (Agriculture) Act 1976, Sch 4 Case XII para 5.
[5174]
647
Case XIII: overcrowded dwellinghouse1
The court must make an order for possession against a protected occupier 2 or statutory tenant3 where the dwellinghouse
is overcrowded within the meaning of the Housing Act 1985 4 in such circumstances as to render the occupier guilty of
an offence5.
1
2
3
4
5
See the Rent (Agriculture) Act 1976 s 6(6), Sch 4 Case XIII as amended by the Housing (Consequential Provisions) Act 1985 s
4, Sch 2 para 33(1),(4)(b) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Housing Act 1985 s 324 (21 Halsburys Statutes (4th Edn) HOUSING), 22 Halsburys Laws (4th Edn) HOUSING para 665;
and vol 18 (1993 Reissue) HOUSING.
See the Rent (Agriculture) Act 1976, Sch 4 Case XIII as amended by the Housing (Consequential Provisions) Act 1985 s 4, Sch
2 para 33(4).
[5175][5180]
4: NOTICE TO QUIT
648
Notice to quit
Except in the case of a fixed term tenancy that has expired by effluxion of time, or where possession is sought against a
statutory tenant1, in which case the Rent (Agriculture) Act 1976 makes special provision 2, a notice to quit must be
served, and the notice period must have expired, before any possession proceedings may be commenced. A notice to
quit must comply both with the statutory requirements of the Protection from Eviction Act 1977 3 and with common law
requirements as to its length and expiry date 4. The Protection from Eviction Act 1977 section 5, which applies to all
tenancies granted before 15 January 1989, all licences whenever created, apart from excluded licences 5, and all
tenancies granted on or after 15 January 1989, apart from excluded tenancies 6, provides that no notice by a landlord or
a tenant to quit premises let (whether before or after the commencement of the Act) as a dwelling is to be valid unless:
648.1 it is in writing and contains such information as may be prescribed, and
648.2 it is given not less than four weeks before the date on which it is to take effect 7.
Whilst the Protection from Eviction Act 1977 section 5 applies to notices served by both landlords and
tenants, the prescribed information need only be included in a notice given by a landlord 8.
[5181]
1
2
3

See the Protection from Eviction Act 1977 s 5 as amended by the Housing Act 1988 s 32 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT) and see vol 23 LANDLORD AND TENANT.
5
6
7
8
Ie for an annual periodic tenancy at least 6 months notice must be given. For tenancies with shorter periods notice of at least one
period must be given. The notice must expire on either the last or the first day of a period: see 27(1) Halsburys Laws (4th Edn
Reissue) LANDLORD AND TENANT para 191 et seq. The parties may contract out of the common law rules as to the expiry date
of the notice to quit and agree to fix some different date: see Harler v Calder [1989] 25 EG 95, (1988) 21 HLR 214, CA.
As to excluded licences, see the Protection from Eviction Act 1977 s 3A as inserted by the Housing Act 1988 s 31. A tenancy or
licence of a tied cottage will not be excluded unless the occupier shares any accommodation with the landlord or licensor.
As to excluded tenancies, see the Protection from Eviction Act 1977 s 3A as inserted by the Housing Act 1988 s 31.
This should be reckoned as a period including the first and excluding the last day and not as a period that excludes both of those
days: Schnabel v Allard [1967] 1 QB 627, [1966] 3 All ER 816, CA.
See the Notices to Quit (Prescribed Information) Regulations 1988/2201. For the information prescribed, see Form 306 [5341]
post.
[5182][5190]
D: REHOUSING BY THE LOCAL AUTHORITY

1: GENERAL
649
Introduction
It is beyond the scope of this Commentary to consider the operation of the grounds for possession 1 under the Rent
(Agriculture) Act 1976 and possible proceedings in any detail, but it is necessary to contrast the Rent (Agriculture) Act
1976 with the Rent Act 1977.
The Rent (Agriculture) Act 1976 does not contain an equivalent provision to that in the Rent Act 1977 under
which possession of a dwellinghouse can be recovered where it is reasonably required by a landlord for occupation by
another employee 2. Instead the Rent (Agriculture) Act 1976 attempts to deal with the problem of the employers
position where he requires vacant possession of the premises in order to provide accommodation for another
agricultural employee by introducing a procedure for rehousing that may involve the local authority 3.
1
2
3
As to the grounds for possession, see Paragraph 632 [5131]647 [5175] ante.
See the Rent Act 1977, Sch 15 Pt I Case 8 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Rent (Agriculture) Act 1976 Pt IV (ss 2729) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[5191]
650
The requirements
An application may be made by the occupier 1 of land used for agriculture 2 to the housing authority concerned 3 on the
ground that:
650.1 vacant possession is or will be needed 4 of a dwellinghouse subject to a protected occupancy 5 or statutory
tenancy6, or let on or subject to a protected or statutory tenancy under the Rent Act 1977 7 that in certain
circumstances8 would be a protected occupancy or statutory tenancy, in order to house a person who is or is to
be employed in agriculture by the applicant, and that persons family 9;
650.2 the applicant is unable to provide, by any reasonable means, suitable alternative accommodation for the
occupier of the dwellinghouse 10; and
650.3 the authority ought, in the interests of efficient agriculture 11, to provide the suitable alternative
accommodation12.
1
2
3
Occupier in this context means the person responsible for farming the land whether he is a freeholder, tenant farmer, manager
or agent. He may, of course, be a forester. For a form of application for rehousing, see Form 321 [5379] post. As to the duty of
the housing authority, see Paragraphs 651 [5201]-654 [5205] post.
(Consequential Provisions) Act 1985 s 4, Sch 2 para 33(3) (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[5192]
4
5
6
7
8
9
10
The farmer may apply some time before he needs the premises for another worker if his plans are sufficiently firm: see the Rent
(Agriculture) Act 1976 s 27(1)(a).
See the Rent Act 1977 ss 1, 2 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and 27(1) Halsburys Laws (4th Edn
Reissue) LANDLORD AND TENANT para 655 et seq.
Ie if it were a tenancy at a low rent and if (where relevant) any earlier tenancy granted to the tenant, or to a member of his family,
had been a tenancy at a low rent: see the Rent (Agriculture) Act 1976 s 27(2).
See the Rent (Agriculture) Act 1976 s 27(1)(a),(2) as amended by the Rent Act 1977 s 155, Sch 23 para 77.
11
12
See the Rent (Agriculture) Act 1976 s 27(1)(b). This means that there must be a good agricultural reason for another employee to
live in the premises. The phrase is not defined in the Rent (Agriculture) Act 1976 but ibid s 28(3) provides for the parties
involved to apply to an independent agricultural dwellinghouse advisory committee to advise on the case with regard to the
interests of efficient agriculture. These committees are advised by the Ministry of Agriculture, Fisheries and Food on the factors
to be taken into account in assessing agricultural need for the purposes of an application under the Act.
See the Rent (Agriculture) Act 1976 s 27(1)(c).
[5193][5200]
2: THE DUTY OF THE HOUSING AUTHORITY
651
Procedure
An application to the housing authority for the rehousing of a tenant under the Rent (Agriculture) Act 1976 must be in
writing and in such form as the authority may direct 1. Within seven days of receiving the application, the authority
must notify the occupier of the dwellinghouse of which possession is sought that the application has been made 2. The
authority or the applicant or the occupier of the dwellinghouse may obtain advice on the case made by the applicant
concerning the interests of efficient agriculture, and regarding the urgency of the application, by applying for the
services of an agricultural dwellinghouse advisory committee 3. In assessing the case made by the applicant and in
particular the importance and degree of urgency of the applicants need, the authority must take full account of any
advice tendered to it by the committee 4. The authority must notify its decision in writing to the applicant and to the
occupier of the dwellinghouse within three months of its receiving the application, or, if the application is referred to an
advisory committee, within two months of its receiving the committees advice 5. The notification must state, if the
authority is satisfied that the application fulfils the requirements of the Rent (Agriculture) Act 1976 6, what action it
proposes to take or, if the authority is not satisfied, the reasons for its decision 7.
[5201]
1
2
3
5
6
8
See the Rent (Agriculture) Act 1976 s 28(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE). There is sufficient compliance
with this direction if the application is in a form substantially to the same effect as the form specified in the direction: see the
Rent (Agriculture) Act 1976 s 28(1). For an application for rehousing, see Form 321 [5379] post.
See the Rent (Agriculture) Act 1976 s 28(3). The advice of the committee is capable of judicial review: see R v Agricultural
Dwelling House Advisory Committee for Bedfordshire, Cambridgeshire and Northamptonshire, ex p Brough [1987] 1 EGLR
106.
See the Rent (Agriculture) Act 1976 s 28(5). In any legal proceedings relating to the authoritys duty under ibid s 28, evidence is
admissible of the committees advice: see the Rent (Agriculture) Act 1976 s 28(5). The reference to legal proceedings in ibid s
25(5) could include an application for judicial review in respect of the local authoritys breach of statutory duty in connection
with an application under the Act.
See the Rent (Agriculture) Act 1976 s 28(6) as substituted by the Rent (Agriculture) Amendment Act 1977 s 1(1).
Ie the Rent (Agriculture) Act 1976 s 27.
See the Rent (Agriculture) Act 1976 s 28(6A) as substituted by the Rent (Agriculture) Amendment Act 1977 s 1(1).
[5202]
652
Provision of accommodation
If the authority is satisfied that the applicants case is substantiated, it must use its best endeavours to provide suitable
alternative accommodation 1. In assessing the priority that should be given to the application, the authority must take
into account the urgency of the case, the competing claims on the accommodation it can provide and the resources at its
disposal2.
1
See the Rent (Agriculture) Act 1976 s 28(7) (1 Halsburys Statutes (4th Edn) AGRICULTURE). Best endeavours is not defined in
the Act and, whilst the intention of the legislation was to impose an obligation on the local authority to rehouse, the meaning of
best endeavours is not free from doubt: see, eg, Sheffield District Rly Co v Great Central Rly Co (1911) 27 TLR 451; Terrell v
Mabie Todd & Co Ltd [1952] 2 TLR 574. Assistance in defining the obligations of the local authority can be found in R v East
Hertfordshire District Council, ex p Dallhold Resources Management (UK) Pty Ltd [1989] EGCS 145.
[5203]
653
Enforcement of duty
Without prejudice to any other means of enforcing the authoritys duty to provide suitable alternative accommodation,
that duty is enforceable at the suit of the applicant by an action against the authority for damages for breach of statutory
duty1. However, the authority is not obliged to provide suitable alternative accommodation if the applicant retains the
services of the occupier2.
1
2
[5204]
654700 Notification of changes

The continuance of the obligation imposed on the authority by these provisions depends on compliance by the applicant
with any reasonable request made by the authority for information about any change in circumstances taking place after
the making of the application that might affect the merits of the applicants case 1. Any material change of facts that
have been stated to the authority or to the committee by the applicant or, in relation to the application, by the occupier
of the dwellinghouse must be notified to the authority as soon as practicable by the person making the statement unless
before the change accommodation has been provided in accordance with the application or the authority has decided
that the applicants case is not substantiated 2. An application lapses if the applicant ceases to be the occupier of the land
used for agriculture, but without prejudice to the making of an application by any other person who is or becomes the
occupier3. If in or in connection with an application under these provisions the applicant or any other person knowingly
or recklessly makes a false statement for the purpose of inducing the authority to provide housing accommodation, he
is liable on summary conviction to a fine 4.
1
2
3
4
See the Rent (Agriculture) Act 1976 s 28(11). A person who without reasonable excuse fails to comply with this provision is
liable on summary conviction to a fine not exceeding level 5 on the standard scale: see the Rent (Agriculture) Act 1976 s 28(11)
as amended by the Criminal Justice Act 1982 ss 38, 46. As to the standard scale, see Information Binder: Miscellaneous [1]:
Fines for Summary Offences.
Ie not exceeding level 5 on the standard scale: see the Rent (Agriculture) Act 1976 s 28(14) as amended by the Criminal Justice
Act 1982 ss 38, 46. As to the standard scale, see Information Binder: Miscellaneous [1]: Fines for Summary Offences. As to
proceedings for offences, see 27(2) Halsburys Laws (4th Edn) LANDLORD AND TENANT para 992 note 7.
[5205][5300]

301
Tenancy agreement under the Rent (Agriculture) Act 19761
(1)
(landlord) of (address) (the Landlord) and
(2)
(tenant)2 of (address) (the Tenant)
WHEREAS:
[(where the tenant is tenant under an existing oral tenancy)
(1)
The Landlord is the freehold owner of the premises known as (describe premises) (the Premises)
(2)
The Tenant is in the employment of the Landlord in the capacity of (describe employment) (the
Employment) and pursuant to the Employment resides in the Premises [and has resided in the Premises since
(date)] which premises are maintained by the Landlord as residential accommodation for the person for the
time being performing the duties undertaken by the Tenant in the Employment
(3)
It is agreed between the Landlord and the Tenant that the Tenant occupies the Premises as a protected
occupier pursuant to the provisions of the Rent (Agriculture) Act 1976
(4)
The Landlord and the Tenant have now agreed to enter into this agreement to record in writing the terms of
the protected occupancy]3
[5301]
[(where the agreement is to record the terms of a statutory tenancy)
(1)
The Landlord is the freehold owner of the premises known as (describe premises) (the Premises)
(2)
The Tenant was in the employment of the Landlord in the capacity of agricultural worker and it was essential
for the proper performance of the Tenants duties in his employment that he should reside in the Premises,
which were provided as residential accommodation for the person for the time being performing the duties
undertaken by the Tenant in his employment
(3)
The Tenant ceased to be employed by the Landlord on (date) and it is agreed between the Landlord and the
Tenant that as at that date the Tenants occupation of the Premises became the subject of a statutory tenancy
under the Rent (Agriculture) Act 19764
(4)
The Landlord and the Tenant have agreed to enter into this agreement to record the terms of the statutory
tenancy pursuant to the Rent (Agriculture) Act 1976 section 10, Schedule 5 paragraph 12]5
[5302]
Agreement to let
1.1
[The Landlord agrees to let and the Tenant agrees to take the Premises on a [weekly (or) monthly] tenancy6
(the Tenancy) from (commencement date) together with the fittings furniture and effects (the Furniture) set
out in the inventory [(stating both the individual items and their present condition)] agreed and signed by the
parties, a copy of which is attached to this agreement 7.
(or)
The Landlord and the Tenant agree that the Tenant holds the Premises from the Landlord as Tenant on a
[protected occupancy (or) statutory [weekly (or) monthly] tenancy8 (the Tenancy) under the provisions of
the Rent (Agriculture) Act 1976 together with the fittings furniture and effects (the Furniture) set out in the
inventory [(stating both the individual items and their present condition)] agreed and signed by the parties, a
copy of which is attached to this agreement 9.]
[The Tenancy is to continue for such period as the Tenant remains in the Employment 10.
(or)
The Tenancy is to continue from [week to week (or) month to month] until determined by either the Landlord
or the Tenant upon giving the other party notice to quit to expire on (day of the week or month)11.]
1.2
Consideration
2.1
The Tenant agrees to pay the Landlord [(where the rent is not to be variable) the [weekly (or) monthly] rent12
of payable in [advance (or) arrear]13 every (insert payment day or date) commencing on (date) [the
value of which at the rate of per week is to be reckoned as payment of wages in lieu of payment in
cash]14 (or where the rent is variable) the [weekly (or) monthly] rent15 of payable in [advance (or)
arrear]16 every (insert payment day or date) commencing on (date) or such rent as is from time to time
agreed between the Landlord and the Tenant pursuant to the Rent (Agriculture) Act 1976 section 11 17 or such
other rent as is notified to the Tenant by the Landlord from time to time in writing pursuant to the Rent
(Agriculture) Act 1976 sections 12 and/or 14 18 [and additional rent in respect of [council tax and] water and
other rates levied on the Premises and borne by the Landlord]19.
[2.2
[5303]
The rent must be paid to (name and address of the landlords agent).]
Tenants agreements
The Tenant agrees with the Landlord20 as follows:
3.1
Rent
The Tenant must pay the rent at the times and in the manner specified above [and all [council tax] water and other rates
levied in respect of the Premises and borne by the Landlord]21.
3.2
Outgoings
The Tenant must pay as and when they fall due:

3.2.1
all charges for [gas and] electricity consumed on or supplied to the Premises during the Tenancy,
3.2.2
the telephone rental and all charges for telephone calls made during the Tenancy, and
3.2.3
the appropriate licence fee payable in respect of the use of a television set on the Premises during the
Tenancy,
or a proper proportion of the amount of such charges to be assessed according to the duration of the Tenancy 22.
[5304]
3.3
Repair
The Tenant must use the Premises in a tenant-like manner 23 and in particular must:
3.3.1
keep the interior of the Premises and the doors, windows and skylights (including the glass in the doors,
windows and skylights) in a good state of repair and condition;
3.3.2
maintain the interior of the Premises in a good state of decorative condition and at least up to the standard
obtaining when he took possession;
3.3.3
keep the Furniture in good repair and not remove any of it from the Premises;
3.3.4
replace with similar articles of at least equal value any part of the Furniture that may be destroyed or
damaged so as to be incapable of being restored to its former condition (except such as may be destroyed or
damaged by accidental fire save where the insurance maintained by the Landlord has been wholly or partly
invalidated by any act or default by the Tenant) or at the option of the Landlord pay him the value of the
Furniture in its present condition;
3.3.5
not deface the Premises or permit or suffer them to be defaced internally or externally;
3.3.6
keep the drains free from obstruction [and the cesspool or septic tank properly cleaned];
3.3.7
keep all electrical and other working apparatus in good working order;
3.3.8
keep the grass cut and the hedges trimmed, the pathways weeded, the beds in a state of fit cultivation and not
overgrown with weeds and clear away fallen leaves;
[5305]
3.3.9
report to the Landlord as soon as possible any disrepair or defect for which the Landlord is responsible in the
structure or exterior of the Premises or in any installation in the Premises;
3.3.10
permit the Landlord and his agents to enter the Premises at all reasonable times to inspect the Premises and
the Furniture and to carry out any repairs or alterations that may be necessary during the Tenancy pursuant to
the Landlords repairing obligations24;
3.3.11
execute immediately all repairs for which he is responsible, and if he fails to execute such repairs and the
Landlord gives notice requiring him to carry them out and the Tenant does not proceed diligently with the
execution of such repairs within [10] days after the service of a notice then he must permit the Landlord to
enter upon the Premises in order to execute such repairs and the cost of such repairs is to be a debt due from
the Tenant to the Landlord immediately recoverable by action;
3.3.12
place all refuse in a proper receptacle and ensure that it is regularly collected by the local authority, such
receptacle to be kept only in a place on the Premises approved by the Landlord; and
3.3.13
deliver up the Premises and the Furniture at the end of the Tenancy clean, tidy and in accordance with the
above provisions
provided that this clause [3.3] is not to relate to any matters that are the responsibility of the Landlord under the
Landlord and Tenant Act 1985 section 1125
[5306]
3.4
Use of premises
The Tenant must not:

3.4.1
interfere with or make any alteration to the structure of the Premises or the layout of the garden;
3.4.2
do anything or suffer or permit any person residing with him or any guest or visitor to do anything likely to
cause a nuisance or annoyance to the Landlord or adjoining occupiers[, and in particular the Tenant must not
play or use or permit to be played or used in the Premises any musical instrument or sound reproduction
equipment between the hours of 2230 and 0730 so as to be audible outside the Premises];
[3.4.3
keep any animal (including a bird or reptile) on the Premises [without obtaining the written consent of the
Landlord];]
[3.4.4
use or permit to be used in the Premises any oil or paraffin heater or lamp;]
3.4.5
use or suffer or permit the Premises to be used otherwise than as a private dwellinghouse 26 for the use of the
Tenant and his family only and the Tenant must not take in lodgers or paying guests and/or carry on the
Premises any trade profession or business;
3.4.6
do or suffer or permit to be done anything by which any policy of insurance effected by the Landlord on the
Premises may become void or voidable or by which the rate of premium on any such policy may be
increased; or
3.4.7
assign underlet or part with or share possession or occupation of the Premises or any part of the Premises 27.
3.5
Notice
The Tenant must give the Landlord not less than four weeks notice in writing to determine the Tenancy 28.
[5307]
The Landlord agrees with the Tenant as follows 29:
4.1
Repair
The Landlord must comply with the provisions of the Landlord and Tenant Act 1985 section 11 30, that is to say he
must:
4.1.1
keep the structure and exterior of the Premises (including drains, gutters and external pipes) in repair and
4.1.2
keep the installations in the Premises for the supply of water[, gas] and electricity and for sanitation
(including basins, sinks, baths and sanitary conveniences but not other fixtures fittings and appliances for
making use of the supply of water[, gas] or electricity) and for space heating or heating water in repair and
proper working order.
4.2
Insurance
The Landlord must insure the Premises [and the Furniture] to their full value against loss or damage caused by [fire,
lightning, explosion, aircraft (other than hostile aircraft), other aerial devices or articles dropped from such devices or
aircraft, earthquake, riot, civil commotion and malicious damage, storm or tempest, bursting or overflowing of
watertanks apparatus or pipes, flood or impact by road vehicles (or) fire and other usual risks] and must execute all
works of repair or replacement required in respect of the Premises [and the Furniture] to make good the loss or damage
suffered provided that such loss or damage is not due to the wilful act, negligence or default of the Tenant. The
Landlords obligation to effect insurance does not extend to any contents belonging to the Tenant]31.
[5308]
4.3
Quiet enjoyment
The Tenant paying the rent and performing and observing his agreements contained in clause [3] above, the Landlord
must permit him peaceably hold and enjoy the Premises during the Tenancy without any interruption by the Landlord
or any person rightfully claiming under him32.
4.4
Access
The Landlord must afford the Tenant any right of access to the Premises that is reasonable in the circumstances 33.
Right of re-entry34
If at any time any part of the rent is in arrear for [15] days (whether formally demanded or not) or if there is any breach
non-performance or non-observance of the Tenants agreements or if the Tenant becomes insolvent or has a receiving
order made against him or enters into any arrangement or composition for the benefit of creditors or suffers any distress
or execution to be levied on his goods, the Landlord may re-enter the Premises or any part of them and resume
possession of the Furniture and upon such re-entry the Tenancy is to determine absolutely but without prejudice to any
claim the Landlord may have against the Tenant in respect of any antecedent breach of the Tenants agreements.
[5309]
Notices
Any notice to be given in connection with the Tenancy is to be deemed to be properly given if sent by registered post or
recorded delivery and addressed:
6.1
if given to the Landlord, to him by name at the address stated to be his address at the commencement of this
agreement or to an agent of the Landlord whose appointment is confirmed to the Tenant by notice in writing;
and
6.2
if given to the Tenant, to him by name at the address of the Premises;
and if so sent is to be deemed to have been served not later than the first working day following the day on which it was
posted35.
Suspension of rent
If the Premises are destroyed or rendered uninhabitable by fire [or flood] the rent is to cease to be payable until the
Premises are reinstated and rendered habitable (and any dispute arising under this provision is to be referred to
arbitration under the Arbitration Acts 1950 to 1979).
Interpretation
8.1
The clause headings in this agreement do not form part of this agreement and are not to be taken into account
in its construction or interpretation.
8.2
In this agreement the masculine gender includes the feminine gender.
[5310]
(attach inventory if required)
1
Counterpart).
Since the Housing Act 1988 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) came into force on 15 January
1989 all new arrangements between the farmer (or landowner making accommodation available for a farmer to house his
employees) and a farmworker are governed by that Act. As to occupation of agricultural dwellinghouses under the Housing Act
1988, see Paragraphs 701 [5601]740 [5717] post. There are consequently very limited circumstances in which a farmer and
farmworker will be able to enter into a written agreement that takes effect under the Rent (Agriculture) Act 1976 (1 Halsburys
This precedent is most likely to be used in three situations:
(1)
where there is an existing protected occupancy of a dwellinghouse in favour of a farm worker and the parties wish to
record its terms in writing;
(2)
where a statutory tenancy has arisen (commonly on the cessation of the farmworkers employment) and the parties
wish to record the terms of that statutory tenancy in writing pursuant to the Rent (Agriculture) Act 1976 s 10, Sch 5
para 12; and
(3)
where there is an existing protected or statutory tenancy in existence in relation to one dwellinghouse and the farmer
and occupier have agreed that the occupier will surrender his rights over that dwellinghouse on the grant of a new
protected occupancy of alternative accommodation owned by the farmer:
see the Rent (Agriculture) Act 1976 s 2(3) and the Housing Act 1988 s 34(4)(b).
By the Rent (Agriculture) Act 1976 s 10, Sch 5 certain provisions are automatically incorporated into a statutory tenancy.
The majority of these provisions can be varied, but note the Rent (Agriculture) Act 1976 s 10, Sch 5 para 12(4).
Many existing protected occupancies will have been structured as licences and have taken effect as such, being service
occupancies: see Street v Mountford [1985] AC 809 at 827, [1985] 2 All ER 289 at 300, HL. There used to be advantages for the
farmer if he was able to grant a licence as opposed to a tenancy. However given the overlay of the statutory framework of the
Rent (Agriculture) Act 1976 it is submitted that in the circumstances in which this precedent can now be used there is nothing to
be gained by the parties attempting to record the terms of a licence as opposed to a tenancy. No licence agreement under the Rent
(Agriculture) Act 1976 is ,therefore, now included in this volume.
[5311]
2
If the wife of the agricultural worker is made a party to the agreement, there are succession ramifications which must be
considered: see Paragraphs 610 [5041]613 [5044] (protected occupancy by succession) ante and 614 [5051]617 [5063]
(statutory tenancy by succession) ante.
Recitals are provided to make it clear that although the agreement is dated after 15 January 1989 it takes effect subject to the
provisions of the Rent (Agriculture) Act 1976. The first suggested set of recitals are for use where there is an existing protected
occupancy (see note 1 [5311] above). They can be adapted by the draftsman as the circumstances require.
The question may arise as to whether the farm workers right to occupy the dwellinghouse is a term of his contract of
employment or was an arrangement quite independent of the contract of employment: see Burgoyne v Griffiths (1990) 23 HLR
303, CA.
8
9
10
11
12
13
14
The second set of recitals are for use where a statutory tenancy has arisen (commonly at the end of the occupiers employment)
and the parties have agreed to enter into a written agreement recording the terms of that statutory tenancy pursuant to the Rent
(Agriculture) Act 1976s 10, Sch 5 and, possibly, variations to that statutory tenancy pursuant to the Rent (Agriculture) Act 1976,
Sch 5 para 12. As to the terms of a statutory tenancy, see Paragraphs 618 [5071]619 [5073] ante.
The terms imported into a statutory tenancy by the Rent (Agriculture) Act 1976 s 10, Sch 5 include a provision that a licence
agreement is to be converted into a weekly tenancy upon the creation of the statutory tenancy: see ibid s 10, Sch 5 para 3. The
farmer and the agricultural worker are, of course, free to negotiate a periodic tenancy with periods longer than one week or the
parties may even agree to a fixed term tenancy. Note the requirements of the Landlord and Tenant Act 1985 s 4(1) (23 Halsburys
Statutes (4th Edn) LANDLORD AND TENANT) under which a landlord of residential premises where rent is payable weekly must
provide the tenant with a rent book containing prescribed information. For the prescribed information, see Form 303 [5327] post.
To avoid this requirement, and to reduce the administration involved in collecting the rent, the landlord may choose rent periods
in excess of a week. It should be remembered that a landlord must give a tenant a minimum of four weeks notice to quit by
virtue of the Protection from Eviction Act 1977 s 5.
This clause is for use when a new protected occupancy is being granted. Typically this will be where the occupier is accepting
new accommodation in substitution foe a dwellinghouse that he occupies subject to the Rent (Agriculture) Act 1976.
Alternatively, this format may be used where the occupier is accepting a periodic tenancy in substitution for a fixed term
agreement.
See note 6 above.
This clause is for use where there is an existing protected occupancy or statutory tenancy the terms of which the parties have
agreed to record in writing without the grant of a new protected occupancy.
This clause is for use where there is an existing protected occupancy, the term of which is fixed by reference to the continuance
of the farmworkers employment: see Ivory v Palmer [1975] ICR 340, CA; Norris v Checksfield [1991] 4 All ER 327, 1 WLR
1241, CA.
This clause is for use where the protected occupancy or statutory tenancy is periodic so that the date upon which any notice to
quit must expire is clear on the face of the agreement. Note that there is no need for a landlord to serve a notice to quit under a
statutory tenancy: see Paragraph 648 [5181] ante. However, the tenant is obliged to give notice to quit: see the Rent (Agriculture)
Act 1976, Sch 5 para 10.
As to provisions relating to rent, see Paragraphs 620 [5081]626 [5087] ante. Note also the requirements of the Landlord and
Tenant Act 1985 s 4(1), as to which see note 6 above. Note also that an agreement can only be a protected occupancy under the
Rent (Agriculture) Act 1976 if no rent, or a rent lower than the level set by the Rent Act 1977 s 5, is payable. If a rent higher than
those levels is reserved the agreement will fall under the provisions of the Rent Act 1977 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT).
As to payment in advance, see Paragraph 626 [5087] ante. In view of the provisions of the Rent (Agriculture) Act 1976 s 20,
great care must be taken in drafting. The consequences of imposing a prohibited requirement were clearly seen in Curry v
Ronan [1980] CLY 1628.
Whether the agricultural worker is a tenant or licensee, a value is fixed at which the occupancy may be reckoned as payment of
wages instead of cash for the purposes of the Agricultural Wages Act 1948 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see
the Agricultural Wages Act 1948 s 7. However, a letting at a rent in excess of the value of the premises determined pursuant to
the Agricultural Wages Act 1948 s 7 may be valid if it is a separate transaction distinct from the contract of employment: see
Long Eaton Co-operative Society Ltd v Smith [1949] 2 KB 144, [1949] 1 All ER 633, CA.
Where the agricultural worker is a tenant and the rent does not exceed certain limits, a condition is implied in the contract
that the dwelling is fit for occupation and will be so maintained: see the Landlord and Tenant Act 1985 s 9 (23 Halsburys
Statutes (4th Edn) LANDLORD AND TENANT).
[5312]
15
16
17
18
19
20
21
22
As to provisions relating to rent, see Paragraphs 620 [5081]626 [5087] ante.

See Paragraph 626 [5087] ante. In view of the provisions of the Rent (Agriculture) Act 1976 s 20, great care must be taken in
drafting. The consequences of imposing a prohibited requirement were clearly seen in Curry v Ronan [1980] CLY 1628.
As to agreed rents, see Paragraph 621 [5082] ante.
As to provisions for serving notice of increased rent, see Paragraphs 623 [5084] and 624 [5085] ante.
The Rent (Agriculture) Act 1976 s 10, Sch 5 para 11 contains provisions relating to the recovery of rates (including water rates)
as part of the terms of a statutory tenancy. Rates that have been borne by the landlord in respect of premises occupied by an
agricultural worker who becomes a statutory tenant under the Rent (Agriculture) Act 1976 are recoverable from the tenant by
way of rent provided the landlord serves written notice. It is therefore possible to reflect this position in the formal tenancy
agreement. However, if the tenancy agreement is prepared after a statutory tenancy has arisen, it will be necessary for the
landlord to give written notice of his requirement that the rates should be borne by the tenant. The Rent (Agriculture) Act 1976 s
10, Sch 5 para 11(1) provides that any terms in an original contract, whether a licence or a tenancy, for the reimbursement of
rates by the licensee or tenant should not be carried over into a statutory tenancy. For a notice comprised within a notice under
the Rent (Agriculture) Act 1976 ss 12 or 14, see Forms 303 [5320] and 304 [5323] post. As to rates and similar charges, see vol
32 RATING.
If the tenancy is a statutory tenancy, then it becomes subject to the Rent (Agriculture) Act 1976 s 10, Sch 5: see Paragraph 614
[5051] ante. Since, if the original contract was a licence, the terms of a statutory tenancy must include any term that would be
implied if the contract had been a tenancy (see the Rent (Agriculture) Act 1976 s 10, Sch 5 para 2), it is submitted that it is
appropriate to use the covenants set out in this clause, these being appropriate to a weekly tenancy of premises associated with
agriculture.
See note 19 above.
As to the provision of services and facilities by the landlord if the tenancy is a statutory tenancy, see the Rent (Agriculture) Act
1976 s 10, Sch 5 para 5. The landlord may in certain circumstances have to provide such services and facilities even if they were
not provided under the terms of the original contract. It is essential, therefore, that due consideration is given to the arrangements
that have existed with regard to the provision of electricity, gas, water supply and sewage disposal facilities.
[5313]
23
24
25
26
27
28
29
30
In view of the provisions of the Rent (Agriculture) Act 1976 s 10, Sch 5 para 4, it is submitted that such a provision is
appropriate in a tenancy agreement that qualifies for protection under the Rent (Agriculture) Act 1976. The remainder of clause
3.3 should be considered as is appropriate to the repairing obligations the farmer wishes to impose upon his tenant both while he
is in his employment and taking into account the fact that he may become a statutory tenant.
See the Rent (Agriculture) Act 1976 s 10, Sch 5 para 8.
See the Rent (Agriculture) Act 1976 s 10, Sch 5 para 7(1).
See the Rent (Agriculture) Act 1976 s 10, Sch 5 para 7(2).
See the Rent (Agriculture) Act 1976 s 10, Sch 5.
See the Rent (Agriculture) Act 1976 s 10, Sch 5 para 6. As to the Landlord and Tenant Act 1985 s 11, see 21 Halsburys Statutes
(4th Edn) HOUSING. It is submitted that it is sensible to set out the basic provisions of the Landlord and Tenant Act 1985 s 11 in
the tenancy agreement so that the tenant fully understands the extent of the landlords repairing obligation.
There is no provision in the Rent (Agriculture) Act 1976, Sch 5 dealing with the insurance of premises protected by that Act
whether under a contractual tenancy agreement or by reason of a statutory tenancy under the Rent (Agriculture) Act 1976.
However, in a weekly tenancy it will usually be appropriate for the landlord to be responsible for maintaining insurance and in
the interests of clarity there is no reason why the insuring obligation should not be set out in full (perhaps by reference to the
details of the landlords own insurance policy) so that the tenant knows the position precisely. In addition it is submitted that it is
in the interests of both parties for it to be clearly spelt out that the landlords obligation does not extend to the personal
possessions of the tenant.
31
[5314]
32
33
34
See the Rent (Agriculture) Act 1976 s 10, Sch 5 para 4. It is submitted that this is an appropriate term to be included in a tenancy
agreement under the Rent (Agriculture) Act 1976 even if it is not a statutory tenancy.
A right of re-entry is only strictly necessary in the case of a fixed term tenancy where it is necessary for the landlord to forfeit the
tenancy before proceeding to rely on the grounds for possession contained in the Rent (Agriculture) Act 1976, Sch 4. Where the
tenancy is periodic the landlord will commonly prefer to serve a notice to quit unless the length of notice required causes
difficulties. Note that once a statutory tenancy has arisen no notice quit by the landlord is necessary before he can bring
proceedings for possession: see Paragraph 648 [5181] ante. Similarly, there is no need for the landlord to have the right for
forfeit before seeking possession through the courts by reason of the tenants default. Cf the position under the Housing Act
1988, as to which see Paragraph 724 [5659] post. Accordingly this provision should be omitted if the agreement records the
terms of a statutory tenancy.
There is no specific provision in the Rent (Agriculture) Act 1976 as to the giving of notices. This clause is consistent with the
provision of the Rent Act 1977 s 41 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). However, the Rent Act 1977 s
41 does not state when a notice sent by post is deemed to have been delivered. The Law of Property Act 1925 s 196 (37
Halsburys Statutes (4th Edn) REAL PROPERTY) may therefore apply. It is, however, sometimes overlooked that under the Law
of Property Act 1925 s 196 a notice sent by post is properly served only if the letter is not returned through the post undelivered.
That could mean that by the time the landlord received the letter back an entire notice period could have been lost. The Law of
Property Act 1925 s 196 also refers to the ordinary course of post. It is therefore submitted that, if the parties agree that a notice
is to be deemed to have been served the day after it was posted, this clause is appropriate.
35
[5315]
302
Notice for a rent book for a statutory tenancy under the Rent (Agriculture) Act 1976 under which rent is payable
weekly1
(FORM FOR RENT BOOK FOR TENANCY UNDER THE RENT (AGRICULTURE) ACT 1976)
INFORMATION FOR TENANT
IMPORTANT PLEASE READ THIS
If the rent for the premises you occupy as your residence is payable weekly, the landlord must provide you with a rent
book or similar document2. If you have a statutory tenancy under the Rent (Agriculture) Act 1976 (see paragraph 7
below), the rent book or similar document must contain this notice, properly filled in 3.
*1
Address of premises
*2
Name and address4 of landlord
*3
Name and address of agent (if any)
*4
The rent payable (or to be deducted from pay) [**including council tax] [***and including rates] is
per week.
[5316]
If a fair rent is registered, paragraph 5 and, where it applies, paragraph 6 must be filled in, otherwise they
should be crossed out
*5
The registered rent (which excludes rates, but includes any council tax payable to the landlord) is per
week, effective from (date).
If the rent is registered as variable (because it includes service charges which vary), this should be indicated by placing
a tick in the box [_].
*6
In addition to the registered rent, per week is payable to cover rates paid by the landlord or superior
landlord.
Details of accommodation (if any) which the occupier has the right to share with other persons:
The other terms and conditions of the tenancy are:
You are protected by the Rent (Agriculture) Act 1976 and known as a statutory tenant under that Act 5. The
Act contains important rules concerning the amount of rent you have to pay and your rights to stay in your
home. Details of these rules are set out in the Department of the Environment and Welsh Office booklet
Agricultural Lettings, no. 23 in the series of housing booklets. This booklet is available free from rent
offices, council offices and housing aid centres, some of which also give advice.
[5317]
10
The rules about the amount of rent you can be charged depend on whether a fair rent has been registered by
the rent officer. If a fair rent has been registered, that is the most that your landlord can charge. If no fair rent
is registered, the landlord can charge a provisional rent at a yearly level currently fixed at 1.5 times the
rateable value of your property on 31 March 1990. If your property had no rateable value on that date, the
provisional rent can be based, broadly, on the propertys letting value. There is nothing to prevent you and
your landlord agreeing upon a lower figure. You cannot be evicted from your home unless your landlord gets
a possession order from the courts. The courts can grant an order only if suitable alternative accommodation
is made available to you or in certain other special cases.
11
You may be entitled to get help to pay your rent through the housing benefit scheme. Apply to your local
council for details.
12
It is a criminal offence for your landlord to evict you without an order from the court or to harass you or
interfere with your possessions or use of facilities in order to force you to leave 6.
13
If you are in doubt about your legal rights or obligations, particularly if your landlord has asked you to leave,
you should go to a Citizens Advice Bureau, housing aid centre, law centre or solicitor. Help with all or part of
the cost of legal advice from a solicitor may be available under the Legal Aid Scheme.
* These entries must be kept up to date.

** Cross out if council tax is not payable to the landlord.
*** Cross out if rates are not payable to the landlord.
[5318]
1
This Form is prescribed by the Rent Book (Forms of Notice) Regulations 1982/1474 reg 3, Schedule Pt III as amended by SI
1988/2198, SI 1990/1067 and SI 1993/656 and is Crown copyright. Where a rent book or other similar document must be
provided in pursuance of the Landlord and Tenant Act 1985 s 4 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT), it
must contain notice of the name and address of the landlord of the premises in respect of which the rent book or document is to
be used, and, if the premises are a dwellinghouse subject to a statutory tenancy as defined in the Rent (Agriculture) Act 1976 (1
2
3
4
Halsburys Statutes (4th Edn) AGRICULTURE), notice of such matters, in addition to the name and address of the landlord, as
may be prescribed: see the Landlord and Tenant Act 1985 s 5(1)(a),(b) (as amended by the Housing Act 1988 s 140(1), Sch 17
para 67(1),(2)). Such a notice must be in the prescribed form: see the Landlord and Tenant Act 1985 s 5(2) (as amended by the
Housing Act 1988 s 140(1), Sch 17 para 67(1),(2)). The form as reproduced here follows the precise wording of the prescribed
form, but not the layout and design. [_] indicates the position of a check box. As to the information relating to overcrowding to
be contained in a rent book, see vol 18 (1993 Reissue) HOUSING Paragraph 126 [955], Form 94 [1341]. For a notice for a rent
book for an assured tenancy or assured agricultural occupancy, see Form 403 [5924] post.
See the Landlord and Tenant Act 1985 s 4 and 27(1) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT para 222.
See 27(1) Halsburys Laws (4th Edn Reissue) LANDLORD AND TENANT para 223.
Any reference in the Landlord and Tenant Act 1985 s 5(1) to a persons address is a reference to his place of abode or his place
of business or, in the case of a company, its registered office: see the Landlord and Tenant Act 1985 s 38.
As to the meaning of statutory tenant under the Rent (Agriculture) Act 1976, see ibid ss 2(4), 3(5), 4(1),(3),(4) as amended by
the Housing Act 1980 s 76(3) and the Housing Act 1988 s 39(4), Sch 4 Pt II.
See the Protection from Eviction Act 1977 s 1(2),(3) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
5
6
[5319]
303
Notice to increase or introduce payment of rent and rates under the Rent (Agriculture) Act 1976 section 12 1
RENT (AGRICULTURE) ACT 1976, SECTION 12
NOTICE TO [INCREASE (or) INTRODUCE] PAYMENT OF RENT AND RATES

To:
of:
(name of tenant)
(address)
(address of dwellinghouse)
I, (name of landlord) of (address) GIVE YOU NOTICE as follows:
1
Pursuant to the Rent (Agriculture) Act 1976 section 12 2 the rent in respect of your occupation of the above
premises (the Premises) is to be per [week]3 payable in [advance (or) arrear] on [Mon]day of each
[week]. The first payment will be due on (date)4.
[The level of rent is calculated by reference to the rateable value of the Premises on 31 March 1990 and is
[1.5 times] that rateable value which was 5. (or) The rent is calculated by reference to the provisions
of the Rent (Agriculture) Act 1976 section 12(9)(c) 6.] The rent is to remain payable at the rate of per
[week] until a fair rent is registered by the Rent Officer under the provisions of the Rent Act 1977 Part IV 7.
[3
This notice takes effect from the termination of an agreement under the Rent (Agriculture) Act 1976 section
11 under which the rent payable was per [week].]8
Pursuant to the Rent (Agriculture) Act 1976 section 10 and Schedule 5 paragraph 11(4) 9 you will be required
to be responsible for the payment 10 of the water and other rates payable in respect of the Premises from four
weeks11 prior to your receipt of this notice.
Dated:
Signed:
[5320]
1
2
3
This Form should be used where the landlord wishes to recover from the tenant a provisional rent pursuant to the provisions of
the Rent (Agriculture) Act 1976 s 12 (1 Halsburys Statutes (4th Edn) AGRICULTURE) and/or the payment of council tax and
other rates pursuant to the provisions of the Rent (Agriculture) Act 1976 s 10, Sch 5 para 11(4). Note that the Rent (Agriculture)
Act 1976 s 12 is amended by the References to Rating (Housing) Regulations 1990/434 to provide an alternative definition of
rent based on rateable value where the dwellinghouse had no rateable value on 31 March 1990, ie the rent at which it is
estimated the dwellinghouse might reasonably be expected to be let from year to year, with the usual tenants covenants as to
expenses. As to provisional rents generally, see Paragraph 623 [5084] ante.
As to rent under a statutory tenancy generally, see Paragraphs 620 [5081]626 [5087] ante.
If the original contract between the farmer and the farm worker was a licence, the statutory tenancy is a weekly tenancy: see the
Rent (Agriculture) Act 1976, Sch 5 para 3. However, note the ability for the parties to vary the terms of the statutory tenancy
under the Rent (Agriculture) Act 1976, Sch 5 para 12. Given the requirement for the provision of a rent book where rent is
payable weekly (see the Landlord and Tenant Act 1985 s 5 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT)) and the
administrative ease of collecting rent less regularly, the parties may choose to make rent payable monthly.
The notice should specify the date from which the provisional rent is to take effect, which must not be earlier than four weeks
before service of the notice and not at a time when an agreement under the Rent (Agriculture) Act 1976 s 11 is in force: see the
Rent (Agriculture) Act 1976 s 12(4) and see Paragraph 623 [5084] ante.
Rent based on rateable value means the weekly or other periodical equivalent of an annual amount equal to, where the
dwellinghouse had a rateable value on 31 March 1990, the prescribed multiple of the rateable value of the dwellinghouse, and
the prescribed multiple is 1.5 or such other number (whole or with a fraction) as the Secretary of State may by order prescribe:
see the Rent (Agriculture) Act 1976 s 12(3),(9) as amended by the References to Rating (Housing) Regulations 1990 (see note 1
above). The notice should specify the amount of the rent based on rateable or estimated value and should set out the landlords
calculation of that amount.
[5321]
6
Where the dwellinghouse had no rateable value on 31 March 1990, the provisional rent is instead limited to the weekly or other
periodical equivalent of an annual amount equal to the rent at which it is estimated the dwellinghouse might reasonably be
expected to be let from year to year if the tenant undertook to pay all usual tenants rates and taxes and to bear the cost of the
repairs and insurance and the other expenses (if any) necessary to maintain the dwellinghouse in a state to command that rent:
see the Rent (Agriculture) Act 1976 s 12(3),(9)(c) as inserted by the References to Rating (Housing) Regulations 1990. The
notice should specify the amount of the rent based on rateable or estimated value and should set out the landlords calculation of
that amount.
Where a rent is registered for the dwellinghouse at any time after notice is served, as from the date from which the registration
takes effect the rent payable in accordance with the notice may not exceed the weekly or other periodical equivalent of the
amount of the rent so registered: see the Rent (Agriculture) Act 1976 s 12(7). It is provided that a part of the register under the
Rent Act 1977 Pt IV (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) may contain rents registered for
dwellinghouses subject to statutory tenancies as defined in the Rent (Agriculture) Act 1976: see the Rent (Agriculture) Act 1976
s 13(1).
See the Rent (Agriculture) Act 1976 s 12(5) and Paragraph 621 [5082] ante.
The tenants liability for the payment of rates does not arise unless notice in writing to that effect is served by the landlord on the
tenant, and that notice takes effect from such date as may be specified in the notice, which may not be earlier than four weeks
before service of the notice: see the Rent (Agriculture) Act 1976, Sch 5 para 11(4).
Payment may be made either as part of the rent direct to the landlord or, by agreement with the landlord, direct to the local
authority or other rating authority.
8
9
10
11
[5322]
304
Notice to increase or introduce payment of rent and rates under the Rent (Agriculture) Act 1976 section 14 1
RENT (AGRICULTURE) ACT 1976, SECTION 14
NOTICE TO [INCREASE (or) INTRODUCE] PAYMENT OF RENT AND RATES

To:
of:
(name of tenant)
(address)
I, (name of landlord) of (address) GIVE YOU NOTICE as follows:
1
[5323]
2
With effect from (date) a rent of per [week]2 [exclusive (or) inclusive] of rates and council tax has
been registered by the Rent Officer for the above premises (the Premises).
I now give you notice under the Rent (Agriculture) Act 1976 section 14 that with effect from (date)3 the rent
payable by you in respect of your occupation of the Premises is to be [increased to] per [week].
[3
This notice takes effect from the termination of an agreement under the Rent (Agriculture) Act 1976 section
11 under which the rent last payable was per [week]5.]
Pursuant to the Rent (Agriculture) Act 1976 section 10 and Schedule 5 paragraph 11(4) 6 you will be required
to be responsible for the payment 7 of the water and other rates (including council tax) in respect of the
premises from 4 weeks prior to your receipt of this notice.
Dated:
Signed:
[5324]
This notice should be used where the landlord wishes to recover from the tenant an increased rent pursuant to the provisions of
the Rent (Agriculture) Act 1976 s 14 (1 Halsburys Statutes (4th Edn) AGRICULTURE) following the registration of a fair rent for
the premises under the Rent (Agriculture) Act 1976 s 13 (see Paragraph 624 [5085] ante) and/or the payment of council tax and
rates pursuant to the provisions of the Rent (Agriculture) Act 1976 s 10, Sch 5 para 11(4).
By the Rent (Agriculture) Act 1976 s 14(3) the notice must specify the amount of the registered rent and the date from which the
notice is to take effect.
The notice should specify the date from which the new rent is to take effect, which should not be earlier than 4 weeks before
service of the notice and not at a time when an agreement under the Rent (Agriculture) Act 1976 s 11 is in force: see the Rent
(Agriculture) Act 1976 s 14(3) and Paragraph 620 [5081] et seq ante.
If the original contract between the farmer and farmworker was a licence, the statutory tenancy is a weekly tenancy: see the Rent
(Agriculture) Act 1976, Sch 5 para 3. However, note the ability of the parties to vary the terms of the statutory tenancy under the
Rent (Agriculture) Act 1976, Sch 5 para 12. Given the requirement for the provision of a rent book containing prescribed
information where rent is payable weekly (see the Landlord and Tenant Act 1985 s 5 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT)) and the administrative ease of collecting rent less frequently, the parties may choose to make rent
payable monthly.
See the Rent (Agriculture) Act 1976 s 14(4) and Paragraph 621 note 5 [5082] ante.
Payment may be made either as part of the rent direct to the landlord or, by agreement with the landlord, direct to the local
authority or other rating authority.
5
6
7
8
[5325][5326]
305
Application for registration of a fair rent in the case of a statutory tenancy arising under the Rent (Agriculture)
Act 19761
FORM no 7
RENT act 1977 Section 67 and RENT (agriculture) act 1976 as amended by the Housing Act 1980
APPLICATION FOR registration of fair rent2 where dwelling-house subject to A STATUTORY tenancy3 under the
rent (agriculture) act 1976
Use this form in the case of a statutory tenancy under the Rent (Agriculture) Act 1976 (see the Note at the end of the
form)
To the Rent Officer
1 Address of Premises
Premises means the property, for example the house, flat or room(s) for which you want a rent registered
2 Name of Statutory Tenant
Also give the tenants address if it is different from the above
3 Name and Address of Landlord
[5334]
4 Details of Premises
Say what type of property it is, for example, a house, flat or room(s). If it is a flat or room(s), say what floor or floors it
is on
Give number and type of rooms
5 Does the tenancy include any other property?

Such as garage, or other separate building or land
Yes [_] No [_] Tick one box
If Yes, give details
6 Does the tenant share any accommodation
with the landlord?
with another tenant
[5335]
7 What rent do you want the rent officer to register as a fair rent?
per
(eg per week, month,
quarter etc)
Include any amount for services and/or furniture provided by the landlord or superior landlord. Do not include anything
for rates
The rent officer cannot deal with your application unless you answer this question
8 Are any services provided under the tenancy?
Such as cleaning, lighting, heating, hot water or gardening
9 If you are the landlord (and this is not a joint application) how much of the rent do you think is due to these services?
per
quarter etc)
If this is a landlords application he must attach details of the expenditure incurred in providing any services,
otherwise the rent officer cannot deal with the application
10 Is any furniture provided under the tenancy?
If Yes, give details or attach a list to the form
[5336]
11 The tenancy
Is there an agreement (whether or not in writing) that no rent shall be paid under the statutory tenancy?
If No, is any rent presently payable under an agreement (whether or not in writing)?
If Yes, what is the rent?
per
quarter etc)
How long is the agreement for?
Is there an agreement in writing varying the terms of the statutory tenancy?
If Yes, give details of the agreement
If you have an agreement attach it or a copy to this form. It will be sent back to you without delay
[5337]
12 Has the rent officer previously registered or confirmed a fair rent for the premises?
If Yes, did it come into effect less than 1 year 9 months ago?
If you answer Yes to the second question give reasons for your application, unless it is a joint application by landlord
and tenant
13 During the present tenancy
has the tenant* carried out improvements or replaced fixtures, fittings or furniture for which he is not
responsible under the terms of his tenancy?
is any disrepair or other defect to the property or to any fixtures, fittings or furniture due to the tenant* failing
to comply with the terms of the tenancy?
* including a former tenant under the present tenancy
14 If the rent officer has registered a fair rent for the premises before, has the landlord carried out any major works or
improvements since then?
15 I/We apply for registration of a rent
[5338]
Signed
Say whether you are the landlord or the landlords agent
Date
Signed
Say whether you are the tenant or the tenants agent
Date
If the application is being made jointly by landlord and tenant, both should sign. If this is a joint application, the rent
officer may register the rent asked for at question 7 without further consultation. If he does so there is no right of
objection to a rent assessment committee. In an application by joint tenants or joint landlords, they should each sign,
unless one signs as agent for the rest with their agreement. In such a case he should state that he is acting as agent.
Note
The tenancy will not be a statutory tenancy under the Rent (Agriculture) Act 1976 4 where the tenant:
shares essential living accommodation such as a kitchen with other tenants (not the landlord), and
has exclusive occupation of only one room and at the time the tenancy or licence was granted at least three
other rooms in the same building were let (or available for letting) on similar terms as separate residential
accommodation.
[5339]
1
This Form is prescribed by the Rent Act 1977 (Forms etc) Regulations 1980/1697 reg 3(2)(a)(ii), Sch 1 Form 7 as substituted by
SI 1984/1391 reg 4, Schedule Form 7 and is Crown copyright.
An application for the registration of a rent for a dwellinghouse may be made to the rent officer by the landlord or the
tenant under a statutory tenancy of the dwellinghouse: see the Rent (Agriculture) Act 1976 s 13 as amended (1 Halsburys
Statutes (4th Edn) AGRICULTURE) and the Rent Act 1977 s 67 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
Any such application must be in the prescribed form and contain the prescribed particulars in addition to the rent it is sought to
register: see the Rent Act 1977 s 67(2). Prescribed means prescribed by regulations under the Rent Act 1977 s 74: see the Rent
Act 1977 s 75(1). The form as reproduced here follows the precise wording of the prescribed form, but not the exact layout and
design. [_] indicates the position of a check box.
As to the procedure to be followed on applications for the registration of rents, see the Rent Act 1977 s 67(7), Sch 11 Pt I applied
by the Rent (Agriculture) Act 1976 s 13(2): see the Rent Act 1977 s 155(2), Sch 23 para 75.
A dwellinghouse is referred to as subject to a statutory tenancy where there is a statutory tenant of it: see the Rent (Agriculture)
Act 1976 s 4(6). As to the meaning of statutory tenant, see ibid ss 2(4), 3(5), 4(1),(3),(4) as amended by the Housing Act 1980 s
76(3).
See the Rent (Agriculture) Act 1976 s 23.
[5340]
306
General notice to quit1
NOTICE TO QUIT
To:
of:
(name of tenant)
(address)
[I, (name of landlord) of (address), as landlord (or) WE, (name of agents) of (address), as agents for and on behalf of
(name of landlord) (the Landlord) the landlord] of the above dwellinghouse (the Premises), give you notice to quit
and deliver up possession of the Premises to [me (or) the Landlord] on [(date) (or) on the day on which rent is next
payable following the end of 4 weeks from the service upon you of this notice (or specify as required under the
agreement)].
Your attention is drawn to the information contained in the schedule, being information prescribed for the
purposes of the Protection from Eviction Act 1977 section 53.
Dated:
SCHEDULE
Prescribed Information
1
If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession
from the court before the tenant or licensee can lawfully be evicted. The landlord or licensor cannot apply for
such an order before the notice to quit or notice to determine has run out.
A tenant or licensee who does not know if he has any right to remain in possession after a notice to quit or a
notice to determine runs out can obtain legal advice from a solicitor. Help with all or part of the cost of legal
advice and assistance may be available under the Legal Aid Scheme. He should also be able to obtain
information from a Citizens Advice Bureau, a Housing Aid Centre or a rent officer.

[5341]
1
As to notices to quit, see generally Paragraph 648 [5181] ante. A notice to quit or notice to determine is necessary where the
landlord or tenant wishes to bring to an end a contractual periodic tenancy or licence (ie a periodic protected occupancy). It is not
necessary for a landlord to serve a notice to quit or notice to determine on a statutory tenant before commencing possession
proceedings. Note, however, the requirement for a statutory tenant to give not less than 4 weeks notice to quit by virtue of the
Rent (Agriculture) Act 1976, Sch 5 para 10 (1 Halsburys Statutes (4th Edn) AGRICULTURE), but such a notice does not need to
contain the prescribed information. Note also the effect of the service of a notice to introduce or increase the payment of rent
under the Rent (Agriculture) Act 1976 ss 12 or 14 by virtue of ibid s 16(3). Where a notice of increase is served before the
statutory tenancy begins and the protected occupancy could, by virtue of a notice to quit served at the same time, be brought to
an end before the date specified in the notice of increase, the notice will operate to determine the protected tenancy from that
date.
No notice by a landlord or a tenant to quit any premises let as a dwelling is valid unless it is in writing and contains such
information as may be prescribed: see the Protection from Eviction Act 1977 s 5 (23 Halsburys Statutes (4th Edn) LANDLORD
AND TENANT). The Protection from Eviction Act 1977 s 5 (as amended by the Housing Act 1988 s 32) applies to:
(a)
all tenancies granted before 15 January 1989;
(b)
all licences whenever created, apart from excluded licences; and
(c)
all tenancies granted on or after 15 January 1989, apart from excluded tenancies.
Tenancies and licences are excluded if:
(1)
the occupier shares with the landlord or licensor accommodation which is part of the owners only or principal
home;
(2)
the occupier lives in the same building as the landlord or licensor and shares accommodation with a member of the
landlords or licensors family;
(3)
the tenancy or licence is granted as a temporary accommodation to a person who went into occupation of the
premises or any other premises as a trespasser;
(4)
the tenancy or licence only grants the right to occupy for a holiday;
(5)
the tenancy or licence is not granted for money or moneys worth; or
(6)
a licensee occupies a hostel provided by a local authority or other specified body:
see the Housing Act 1988 s 31 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). Prescribed means prescribed by
regulations made by the Secretary of State by statutory instrument: see Protection from Eviction Act 1977 s 5(2). The prescribed
information is contained in the Notices to Quit (Prescribed Information) Regulations 1988/2201 and is Crown copyright. Failure
to use the correct prescribed information has been held to cause the notice to quit to be ineffective: see Shah v Emanuel (1988)
Legal Action Group Bulletin December 1988, 17.
[5342]
307
Notice of intention to take proceedings to recover possession of a dwellinghouse under a protected shorthold
tenancy1
RENT ACT 1977, SCHEDULE 15, CASE 19
HOUSING ACT 1980 SECTION 55(1)
NOTICE OF INTENTION TO TAKE PROCEEDINGS

To:
of:
(name of tenant)
(address)
[I, (name of landlord) of (address), as (or) WE, (name of agents) of (address), as agents for and on behalf of the]
landlord of the above dwellinghouse (the Premises) give you notice that proceedings for possession of the Premises
may2 be brought under Case 19 in Part II of Schedule 15 to the Rent Act 1977 after the expiry of this notice.
This notice expires on (date)3.
Dated4:
Signed:
[5343]
1
See the Housing Act 1980 ss 5155 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and the Rent Act 1977, Sch 15,
Case 19 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). Despite the commencement of the Housing Act 1988 (23
Halsburys Statutes (4th Edn) LANDLORD AND TENANT) on 15 January 1989 there remain a significant number of residential
lettings susceptible to a claim for possession under the provisions of the Rent Act 1977, Sch 15, Case 19. The timing of the
service of this notice is both complex and inflexible when compared with the formalities necessary to terminate an assured
shorthold tenancy (the successor to the protected shorthold tenancy regime under the Housing Act 1988 (see Paragraph 733
[5076] et seq post). Note the provisions of the Housing Act 1988 s 34(3) which allow the conversion of a protected shorthold
tenancy to an assured shorthold tenancy. It is suggested that where possible landlords should attempt to persuade tenants to move
onto assured shorthold tenancies. The landlord can also then benefit from the market rent system controlling assured shorthold
tenancies rather than the fair rent system which regulates protected shorthold tenancies.
This notice is a notice of intention to take proceedings in contra distinction to a notice to quit. If there is an extant contractual
periodic tenancy (as opposed to a statutory tenancy) a separate notice to quit will be necessary to terminate that contractual
periodic tenancy before possession proceedings can be brought. For a notice to quit, see Form 306 [5341] ante. The form of
notice of intention to take proceedings is not prescribed, but by the Rent Act 1977, Sch 15, Case 19 must be in writing and state
that proceedings for possession under Case 19 may be brought after its expiry. Note that proceedings for possession must then be
commenced not later than 3 months after the expiry of the notice.
See the Rent Act 1977, Sch 15, Case 19. The notice must expire at least 3 months after service and, if the tenancy is a periodic
tenancy, not before the day on which the landlord could have brought it to an end by serving a notice to quit on the same day.
See the Rent Act 1977, Sch 15, Case 19(iii). The notice must be served either during the last 3 months of the protected shorthold
tenancy or during the 3 months preceding an anniversary of the end of the protected shorthold tenancy and, if the landlord has
served a previous appropriate notice in respect of the dwellinghouse, not earlier than 3 months after the expiry of that previous
notice.

[5344][5378]
321
Application for rehousing of an occupier of a dwellinghouse under the Rent (Agriculture) Act 19761
RENT (AGRICULTURE) ACT 1976
APPLICATION FOR REHOUSING

To:
(housing authority concerned)2

(address)
(date)
The applicant3
Name and address:

Telephone no:
Holding reference number:
If the applicant is either a farm manager or tenant farmer, please state name and address of either the applicants
employers or landlord:
[5379]
Dwellinghouse and occupier
Address of dwellinghouse4:
Name and address of the landlord of the dwellinghouse (where this is not the applicant):
Full name of the occupier of the dwellinghouse for whom rehousing is sought 5:
Is the occupier of the dwellinghouse either:
(1)
YES/NO
(2)
YES/NO
(3)
YES/NO
(4)
YES/NO
a full-time agricultural employee 6?

a part-time agricultural employee?
a former agricultural employee7?
other eg a widow or the relative of a former employee 8?
Please give relevant details
When did the occupier commence his employment with the applicant?
If the occupiers occupancy of the dwellinghouse commenced on a date different to that mentioned in reply to the last
question please state the date:
If the occupier is currently employed by the applicant, does the applicant intend to continue to employ him if the
housing authority provide suitable alternative accommodation for the occupier 9?
YES/NO
If YES, state:
(a) the capacity in which the occupier is currently employed:
(b) the capacity in which he will be employed if rehoused:
[5380]
Applicant's access to other accommodation
Does the applicant own or have access to alternative accommodation which may be suitable for the occupier 10?
YES/NO
If YES, please give full details of that accommodation and state why it should not be used to rehouse the occupier:
Planning condition
Is the dwellinghouse subject to a planning condition that occupation is limited to a person employed in agriculture or
forestry11?
YES/NO
If YES, please state the date of the grant of the relevant planning permission and the planning authoritys reference (if
known):
Agricultural need12
Why and when is vacant possession of the dwellinghouse required? Give full details:
Agricultural dwellinghouse advisory committee13
Do you want an agricultural dwellinghouse advisory committee to assess the agricultural need and urgency of this
application?
YES/NO
[5381]
DECLARATION
I APPLY for the rehousing of the occupier mentioned at question 2 above pursuant to the provisions of the Rent
(Agriculture) Act 1976 section 27.
I DECLARE that the information given in this application form is correct to the best of my knowledge and belief and I
undertake to inform the housing authority of any change in the information. I acknowledge that it is an offence pursuant
to the Rent (Agriculture) Act 1976 section 28 to provide false statements in connection with this application or to fail to
provide the housing authority with details of any change of circumstances.
(signature of applicant)
[5382]
1
This Form is appropriate for an application for rehousing under the provisions of the Rent (Agriculture) Act 1976 (1 Halsburys
Statutes (4th Edn) AGRICULTURE). The Rent (Agriculture) Act 1976 s 28 provides that the application should if the authority so
directs be in such form as is required by the housing authority. This Form satisfies the necessary criteria to be considered by the
housing authority under ibid ss 2729, but it is sensible to check with the individual housing authority to see whether it has
prescribed a form for the application.
Ie the local housing authority within the meaning of the Housing Act 1985 s 1 (21 Halsburys Statutes (4th Edn) HOUSING): see
the Rent (Agriculture) Act 1976 s 27(3).
4
5
6
The applicant need not necessarily be the owner of the dwellinghouse but must be the occupier of land used for agriculture and
must be able to establish that vacant possession of the dwellinghouse is needed to provide alternative accommodation for
someone to be employed by him in agriculture: see the Rent (Agriculture) Act 1976 s 27(1) and Paragraphs 649 [5191]654
[5205] ante.
The dwellinghouse must be used for agriculture as defined in the Rent (Agriculture) Act 1976 s 1(1).
The occupier must qualify for protection under the Rent (Agriculture) Act 1976: see Paragraphs 649 [5191]654 [5205] ante.
As to full-time agricultural employees, see the Rent (Agriculture) Act 1976 s 1, Sch 3 paras 47.
[5383]
7
8
9
10
11
12
13
An agricultural worker who has gained protection as a protected or statutory tenant under the Rent (Agriculture) Act 1976 will
usually retain that protection notwithstanding the fact that he has retired: see Paragraph 609 [5030] ante.
In certain circumstances it is possible for an occupier who is not an agricultural employee to obtain protection under the Rent
(Agriculture) Act 1976 either as a protected occupier by succession or as a statutory tenant by succession: see Paragraphs 610
[5041]613 [5044] ante and 614 [5051]617 [5063] ante.
The housing authority is not required to provide alternative accommodation if the applicant retains the services of the occupier:
see the Rent (Agriculture) Act 1976 ss 28(9),(10).
In view of the Rent (Agriculture) Act 1976 s 27(1)(b) the applicant will need to satisfy the housing authority that not only does
he not have any suitable alternative accommodation, but that he also has no such accommodation that could become available.
Of course, alternative accommodation available to the applicant may not be suitable for the occupier. Nevertheless the housing
authority will wish to carry out a thorough examination of the applicants position. In this connection the provisions of the Rent
(Agriculture) Act 1976 s 28(14), making it an offence to knowingly or recklessly make a false statement for the purpose of
inducing an authority to provide housing accommodation, should be borne in mind.
See the Rent (Agriculture) Act 1976 s 33.
As to agricultural need, see Paragraph 650 [5192] ante.
As to agricultural dwellinghouse advisory committees, see Paragraph 651 [5201] ante.
[5384][5600]
(2)
HOUSING ACT 1988
(A) Commentary
A: INTRODUCTION
701
For the effect of the Housing Act 1996 on Paragraph 701 see Paragraph 701A below;
The Housing Act 1988 introduced a statutory framework governing lettings in the private residential market 1 including
not only lettings that would previously have been regulated by the Rent Act 1977 2 and the Housing Act 1985, but also
tenancies or licences that would have been protected by the Rent (Agriculture) Act 1976 3. Agricultural workers who
qualify for protection under the Housing Act 1988 have security of tenure and protection as assured agricultural
occupants4.
1
2
3
4
See generally vol 23 LANDLORD AND TENANT Paragraphs 204 [401]253 [498].
Ie the Rent Act 1977 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). See vol 23 LANDLORD AND TENANT
Paragraphs 152 [282]203 [365].
Ie the Rent (Agriculture) Act 1976 (1 Halsburys Statutes (4th Edn) AGRICULTURE). See Paragraphs 601 [5001]654 [5205]
ante.
See the Housing Act 1988 s 24 as amended by the References to Rating (Housing) Regulations 1990/434 reg 2, Schedule para 28
(23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
[5601]
701A.
On 28 February 1997 a number of changes were made to the Housing Act 1988 1 by the Housing Act 19962 affecting,
principally, the creation of assured shorthold tenancies 3, their interaction with assured agricultural occupancies 4 and the
grounds for possession available in relation to assured shorthold tenancies and assured agricultural occupancies under
the 1988 Act5.
The principal intention of the changes brought about by the 1996 Act was to simplify the grant of assured
shorthold tenancies and thus reduce the number of fully protected assured tenancies created in error. However, many of
the traps that were there to catch the unwary under the old regime persist under the new in the context of lettings to
agricultural workers. Indeed, in some instances the position has been made worse by the 1996 Act 6.
1
2
3
4
5
6
See the Housing Act 1988 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Housing Act 1996 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). The majority of the relevant provisions
are contained within Chapter II and came into force on 28 February 1997 pursuant to the Housing Act 1996 (Commencement No
7 and Savings) Order 1997/225. The other relevant provisions for these purposes are contained within Chapter II ss 148151 and
also came into force on 28 February 1997.
For a discussion of assured shorthold tenancies in the context of lettings to agricultural workers see Paragraphs 733 [5706]740
[5718] post.
See Paragraphs 736 [5711], 736A [5712.1] post.
See Paragraph 736A [5712.1] post.
See, for example, the affect of the Housing Act 1988 Sch 2A para 9(2) as inserted by the Housing Act 1996 s 96, Sch 7: see
Paragraph 734C [5708.5] post.
[5601.1]
702
Transitional provisions
A licence or tenancy granted on or after 15 January 1989 1 is usually protected as an assured agricultural occupancy 2
under the Housing Act 1988. However, the Rent (Agriculture) Act 1976 3 continues to apply to a licence or tenancy
granted after 15 January 1989 where:
702.1 it is entered into in pursuance of a contract made before 15 January 1989 4; or
702.2 it is granted to a person 5 who immediately before its grant was the protected or statutory occupier of tied
accommodation6; or
702.3 prior to the grant of the tenancy7, an order for possession of a dwelling house was made under the Rent
(Agriculture) Act 1976, Schedule 4 Case I (suitable alternative accommodation available) 8 upon the court being
satisfied that the premises to which the tenancy 9 applies is suitable alternative accommodation; the court
directing that the grant of a tenancy under the Housing Act 1988 would not afford the required security; and the
court directing that the tenancy should be a protected tenancy10.
The Housing Act 1988 does not specifically deal with the position where on 15 January 1989, pursuant to a
contract granted before that date, an agricultural worker occupied a dwelling house under a licence or tenancy but had
not yet become a qualifying worker 11.
[5602]
1
2
3
4
5
6
7
8
9
10
11
The commencement date of the Housing Act 1988 Pt I (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT): see ibid s
141(3).
As to assured agricultural occupancies, see Paragraphs 703 [5606]710 [5618] post.
Ie the Rent (Agriculture) Act 1976 (1 Halsburys Statutes (4th Edn) AGRICULTURE). See Paragraphs 601 [5001]654 [5205]
ante.
See the Housing Act 1988 s 34(1)(a).
Alone or jointly with others: see the Housing Act 1988 s 34(1)(b).
See the Housing Act 1988 s 34(1)(b).
Or licence: see the Housing Act 1988 s 34(4).
Or in the case of a tenancy protected under the Rent Act 1977 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) on
the court being satisfied as mentioned in the Rent Act 1977 s 98(1)(a) or the Rent Act 1977, Sch 16 Case 1.
Or licence: see the Housing Act 1988 s 34(4).
See the Housing Act 1988 s 34(1)(c).
The Housing Act 1988 s 34 approaches the question in reverse, stating which licences or tenancies can remain protected under
the Rent (Agriculture) Act 1976. It is submitted that a contract granted before 15 January 1989 will be protected under the Rent
(Agriculture) Act 1976 upon the agricultural worker qualifying for protection (see Paragraphs 603 [5011]605 [5015] ante and
Paragraph 703 [5606] post). Such an agricultural worker cannot have protection as an assured agricultural occupant because he
does not have a licence or tenancy of the description specified in the Housing Act 1988 s 24(2) as amended. However, the
Housing Act 1988, Sch 1 para 1 provides that a tenancy (and it is submitted by implication a licence) granted before 15 January
1989 cannot be an assured tenancy.
[5603]
702A.
Housing Act 1996: transitional provisions
The changes introduced by the Housing Act 1996 have added a third layer of complexity in terms of identifying the
nature of the protection enjoyed by a tenant as it is now necessary in the case of assured tenancies or assured shorthold
tenancies to discover whether the tenancy in issue (and indeed previous tenancies where there are common parties) fall
under the amended or unamended provisions 1. The changes made to the grounds for possession 2 available under the
Housing Act 1988 apply whether or not the assured tenancy (including any assured agricultural occupancy or assured
shorthold tenancy) in issue was granted before or after 28 February 1997.
1
See Paragraphs 727 [5668]727A [5669] post.
[5604][5605]
B: QUALIFICATION FOR PROTECTION

703
Basic requirements
In order for a person to qualify for protection under the Housing Act 1988 as an assured agricultural occupant, the
following basic requirements must be met 1:
703.1 the agricultural worker condition2 must be satisfied; and
703.2 there must be a tenancy or licence which is capable of protection 3.
1
2
3
See the Housing Act 1988 s 24 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Housing Act 1988 s 24(1)(a),(2).
[5606]
704
Agricultural worker condition
The agricultural worker condition is defined by reference to the definitions and qualifying criteria contained in the Rent
(Agriculture) Act 19761. To qualify for protection the worker must establish that:
704.1 the worker is, or has at any time during the subsistence of a relevant tenancy or a relevant licence 2 been, a
qualifying worker3; and
704.2 the dwellinghouse is in qualifying ownership 4.
The agricultural worker condition is also satisfied if the occupier is a widow, widower or member of the
family of a deceased qualifying worker, provided that (1) in the case of the widower or widow of the qualifying
occupier he or she had been residing in the dwellinghouse immediately before the deceaseds death 5, and (2) in the case
of a member of the family 6 the agricultural worker condition is not fulfilled if there is a surviving spouse 7 in residence
in the dwellinghouse. If there is no surviving spouse the member of the family must have been residing with the
qualifying occupier in the dwellinghouse at the time of and for the period of two years before death 8.
Although the Housing Act 1988 appears to contemplate the possibility that the agricultural worker condition
may cease to apply, it is submitted that this would be very rare 9.
[5607]
1
2
3
4
5
6
7
8
9
Ie the Rent (Agriculture) Act 1976 (1 Halsburys Statutes (4th Edn) AGRICULTURE): see the Housing Act 1988, Sch 3 (23
Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
As to qualifying tenancies and licences, see Paragraph 705 [5609] post.
See the Housing Act 1988, Sch 3 para 2(b)(i). The worker will also qualify, as under the Rent (Agriculture) Act 1976, if he is
incapable of whole time work in agriculture or work in agriculture as a permit worker in consequence of a qualifying injury or
disease: see the Housing Act 1988, Sch 3 para 2(b)(ii).
See the Housing Act 1988, Sch 3 para 1(3)(c).
See the Housing Act 1988, Sch 3 para 3.
See the Housing Act 1988, Sch 3 para 3. The Housing Act 1988 does not define the term member of his (the deceaseds)
family. However, it has been held to cover illegitimate, adopted and step-children as well as persons related by blood or
marriage and cohabitees: see Dyson Holdings Ltd v Fox [1976] QB 503, [1975] 3 All ER 1030, CA.
See the Housing Act 1988, Sch 3 para 3(3)(a).
See the Housing Act 1988, Sch 3 para 3(3)(b).
From the Housing Act 1988 s 24(1)(b) alone it appears that it is anticipated by the statute that the agricultural worker condition
can cease to be fulfilled. However, the Housing Act 1988, Sch 3 para 2(b)(i) states that the agricultural worker condition is
fulfilled if the occupier has been a qualifying worker at any time during the subsistence of the tenancy or licence (see
Paragraph 704.1 [5607] above). In the light of the definition of qualifying worker it is submitted that once a worker becomes an
assured agricultural occupant, having worked for 91 out of the last 104 weeks in agriculture, that status cannot be lost if he later
moves to part-time work or to work of a non-agricultural nature. This follows the same policy as the Rent (Agriculture) Act
1976. The limited circumstances in which protection may be lost relate to the assured agricultural occupancy being a type of
assured tenancy. Accordingly if, for example, a fixed term assured agricultural occupancy was assigned to a non-qualifying
worker protection would cease to apply under the Housing Act 1988.
[5608]
705
Qualifying tenancy or licence
The tenancy or licence must be:
705.1 an assured tenancy1 that is not an assured shorthold tenancy2; or
705.2 a tenancy that would be an assured tenancy save that:
705.2.1 no rent is payable 3; or
705.2.2
in respect of a tenancy entered into on or after 1 April 1990 (except where the dwellinghouse had a
rateable value on 31 March 1990 and the tenancy is entered into in pursuance of a contract made
before 1 April 1990), the rent for the time being payable is 1000 or less a year if the dwellinghouse is
in Greater London, or is 250 or less a year if elsewhere (the rent threshold) 4; or
705.2.3 in respect of a tenancy entered into before 1 April 1990 (or, where the dwellinghouse had a rateable
value on 31 March 1990, a tenancy entered into on or after 1 April 1990 in pursuance of a contract
made before that date), the rent for the time being payable is less than two-thirds of the rateable value
of the dwellinghouse on 31 March 19905; and/or
705.2.4 the dwellinghouse is comprised in an agricultural holding (within the meaning of the Agricultural
Holdings Act 1986)6 and is occupied by the person responsible for the control (whether as tenant or as
servant or agent of the tenant) of the farming of the holding 7; or
705.2.5 the dwellinghouse is comprised in a holding held under a farm business tenancy (within the meaning
of the Agricultural Tenancies Act 1995) 8 and is occupied by the person responsible for the control
(whether as tenant or as servant or agent of the tenant) of the management of the holding
705.3 a licence under which a person has the exclusive occupation of a dwellinghouse as a separate dwelling and
which, if it conferred sufficient interest in land to be a tenancy, would be a tenancy falling within Paragraph
704.1 or Paragraph 704.2 above9.
[5609]
1
2
3
6
7
8
9
As to assured tenancies, see Paragraph 706 [5611] post.

As to assured shorthold tenancies, see Paragraphs 733 [5706]740 [5717] post.
See the Housing Act 1988 s 24(2)(b) as amended and Sch 1 para 3 as substituted by the References to Rating (Housing)
Regulations 1990/434 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to sums payable that are to be
disregarded, see the Housing Act 1988, Sch 1 paras 2(2), 3C as inserted by the References to Rating (Housing) Regulations
1990.
See the Housing Act 1988 s 24(2)(b) as amended and Sch 1 para 3A as inserted by the References to Rating (Housing)
Regulations 1990. As to sums payable that are to be disregarded, see the Housing Act 1988, Sch 1 paras 2(2), 3C as inserted by
the References to Rating (Housing) Regulations 1990.
See the Housing Act 1988 s 24(2)(b) as amended and Sch 1 para 3B as inserted by the References to Rating (Housing)
Regulations 1990. As to sums payable that are to be disregarded, see the Housing Act 1988, Sch 1 paras 2(2), 3C as inserted by
the References to Rating (Housing) Regulations 1990.
Ie the Agricultural Holdings Act 1986 as amended (1 Halsburys Statutes (4th Edn) AGRICULTURE). See Scammell & Denshams
Law of Agricultural Holdings (7th Edn, 1989).
See the Housing Act 1988 s 24(2)(b) (as amended by the References to Rating (Housing) Regulations 1990) and Sch 1 para 7 (as
substituted by the Agricultural Tenancies Act 1995 s 40, Schedule para 34).
Ie the Agricultural Tenancies Act 1995 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
[5610]
705A.
Housing Act 1996: qualifying tenancy or licence
The Housing Act 1996 has done nothing to change the basic requirements for qualifying for protection as an assured
agricultural occupant under the Housing Act 1988 Section 241.
1
See Paragraph 703 [5606] et seq ante. The test for determining whether a tenancy is an assured shorthold tenancy and thus not an
assured agricultural occupancy (see Paragraph 705.1 [5609]) has, however, changed with the amendments introduced by the
Housing Act 1996 with an added complication. Following the changes introduced by the 1996 Act, the default position (ie the
type of tenancy that will automatically arise unless one of the specified exceptions applies) is the assured shorthold tenancy.
Thus if an agricultural worker is granted a tenancy which satisfies the basic requirements for an assured tenancy it will now take
effect as an assured shorthold tenancy unless the agricultural worker condition is satisfied: see Paragraph 704 [5607] ante.
What is unclear is what happens if or when the agricultural worker condition subsequently becomes satisfied. It is
submitted that the effect of the Housing Act 1988 Sch 2A para 9(1)(a) as inserted by the Housing Act 1996 s 96(2) Sch 7 (23
Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and, specifically, the words for the time being fulfilled mean that as
soon as the agricultural worker condition is fulfilled, the tenancy cannot be an assured shorthold tenancy unless either the notice
requirements of ibid Sch 2A para 9(2)(a) have been fulfilled or the tenancy is a statutory periodic tenancy arising upon the end of
an earlier assured shorthold that satisfied ibid Sch 2A para 9(2) prior to the grant of the tenancy. The tenancy will automatically
convert from an assured shorthold tenancy to an assured occupational occupancy on the agricultural worker condition being
satisfied. It seems likely that this effect was not intended by the statutory draughtsman.
[5610.1]
706
Assured tenancy
An assured tenancy under the Housing Act 1988 is nothing whatsoever to do with the assured tenancy introduced by
the Housing Act 1980. The Housing Act 1988 section 1 contains three prerequisites for the creation of an assured
tenancy:
706.1 the dwellinghouse must be let as a separate dwelling 1;
706.2 the tenant or, if there are joint tenants, each of the joint tenants, must be individuals 2; and
706.3 the tenant or, if there are joint tenants, at least one of them, must occupy the dwellinghouse as his or her only or
principal home3.
A tenancy cannot be protected as an assured tenancy if one of the exceptions listed in the Housing Act 1988,
Schedule 1 applies. The tenancies that are not assured tenancies despite the fact that they are tenancies of a
dwellinghouse let as a separate dwelling comprise: (1) tenancies entered into before the commencement of the Housing
Act 1988 and transitional cases 4; (2) tenancies entered into on or after 1 April 1990 where the rent exceeds 25,000 a
year5; (3) business premises6; (4) licensed premises 7; (5) tenancies of agricultural land 8; (6) lettings to students9; (7)
holiday lettings10; (8) resident landlords11; (9) Crown tenancies12 and (10) local authority tenancies 13. The list of
excluded tenancies also includes lettings at low rents 14, tenancies of agricultural holdings 15 and farm business
tenancies16, but these exceptions do not preclude protection arising where the letting is to an agricultural worker who,
subject to qualifying for protection, may still be an assured agricultural occupant.
[5611]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
See the Housing Act 1988 s 1(1) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT): this well known phrase appears
in the Rent Act 1977 s 1 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Housing Act 1988 s 1(1)(a). A genuine letting to a company cannot give rise to protection under the Housing Act 1988:
see also Hillier v United Dairies [1934] 1 KB 57, CA; Firstcross Ltd v East-West (Export/Import) Ltd (1980) 41 P & CR 145,
CA; Hilton v Plustitle Ltd [1988] 3 All ER 1051, [1989] 1 WLR 149, CA.
See the Housing Act 1988 s 1(1)(b), which section has its origins in the Housing Act 1985 s 81 (21 Halsburys Statutes (4th Edn)
HOUSING).
See the Housing Act 1988, Sch 1 paras 1, 13.
Tenancies entered into before 1 April 1990 are excluded if the house had, on 31 March 1990, a rateable value exceeding 1,500
in Greater London, or 750 elsewhere: see the Housing Act 1988, Sch 1 paras 2, 2A as substituted by the References to Rating
(Housing) Regulations 1990/434.
See the Housing Act 1988, Sch 1 para 4. See, also, Cheryl Investments v Saldanha; Royal Life Saving Society v Page [1979] 1
All ER 5, [1978] 1 WLR 1329, CA.
See the Housing Act 1988, Sch 1 para 6. Note that the meaning of agricultural land is that in the General Rate Act 1967 s 26(3)
(a) (36 Halsburys Statutes (4th Edn) RATING) despite the repeal of this section by the Local Government Finance Act 1988 s
149, Sch 13 (36 Halsburys Statutes (4th Edn) RATING): see the Local Government Finance Act 1988 s 117(8) and the
References to Rating (Housing) Regulations 1990 reg 3.
See the Housing Act 1988, Sch 1 paras 3, 3A, 3B as substituted and inserted by the References to Rating (Housing) Regulations
1990.
See the Housing Act 1988, Sch 1 para 7(1),(3) (as substituted by the Agricultural Tenancies Act 1995 s 40, Schedule para 34).
See the Housing Act 1988 Sch 1 para 7(2),(3) (as substituted by the Agricultural Tenancies Act 1995 s 40 Schedule para 34).
[5612]
707
The transition to protection
If a farmer lets at a low rent 1 to a worker who is not a qualifying worker 2, then the tenant is not protected by either the
Rent (Agriculture) Act 19763 or the Housing Act 1988.
If the initial rent is not a low rent 4, but the worker is not a qualifying worker 5 then the letting takes effect as
an assured tenancy6 (as opposed to an assured agricultural occupancy) under the Housing Act 1988. However, as if by
statutory magic7, upon the tenant becoming a qualifying worker 8 he will convert to become protected as an assured
agricultural occupant.
1
2
3
4
5
6
7
8
See the Housing Act 1988, Sch 1 paras 3, 3A, 3B as substituted by the References to Rating (Housing) Regulations 1990/434 (23
Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
As to the agricultural worker condition, see Paragraph 704 [5607] ante.
As to the Rent (Agriculture) Act 1976 (1 Halsburys Statutes (4th Edn) AGRICULTURE), see Paragraphs 601 [5001]654 [5205]
ante.
As to qualifying tenancies and licences, see Paragraph 705 [5609] ante.
As to assured tenancies, see Paragraph 706 [5611] ante.
A phrase used in the earlier editions of Scammell & Denshams Law of Agricultural Holdings.
[5613]
707A.
Housing Act 1996: the transition to protection
The default position for tenancies granted on or after 28 February 1997 is that the tenancy will take effect as an assured
shorthold tenancy as opposed to an assured tenancy 1. It would appear that the same statutory magic will occur,
converting the tenancy into an assured agricultural occupancy upon the condition being fulfilled unless the landlord has
served notice in the prescribed form on the tenant prior to the grant of the tenancy under the current legislation 2.
1
2

See the Housing Act 1988 Sch 2A para 9(2) as inserted by the Housing Act 1996 s 96(2), Sch 7 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT) and Paragraphs 705A note 1 [5610.1] and 734C [5708.5].
[5613.1]
708
Succession
The Housing Act 1988 extends the definition of a qualifying worker to enable spouses or members of an agricultural
workers family to succeed, in certain circumstances, to the statutory protection the worker enjoyed in respect of the
dwellinghouse. The relevant provisions are contained in the Housing Act 1988, Schedule 3. On the death of a
qualifying occupier:
708.1 if the deceased leaves a spouse 1 who has been residing in the dwellinghouse immediately before the deceaseds
death (and provided that the widow 2 does not already have a contractual relationship with the owner/landlord)
the widow will qualify for protection as an assured agricultural occupant under the Housing Act 1988 for so
long as she occupies the dwellinghouse as her only or principal residence 3;
708.2 alternatively, if there is no such surviving spouse 4 who qualifies, but there is a member of the deceaseds
family5 residing with the deceased in the dwellinghouse at the time of death and for two years 6 before death
(and provided that the member of the family did not already have a contractual relationship with the
owner/landlord) that member of the family will qualify for protection under the Housing Act 1988 as an assured
agricultural occupant for so long as he or she occupies the dwellinghouse as his or her only or principal
residence7.
[5614]
Spouse has been statutorily defined to include a person living with the original occupier as his or her wife
or husband8.
If more than one person qualifies to succeed to the tenancy, such one of them as may be decided by
agreement or, in default of agreement, by the county court, is to be the qualifying occupier for the purposes of the
Housing Act 19889.
Only one succession to an assured agricultural occupancy is possible 10.
A spouse succeeding to an assured agricultural occupancy granted after 15 January 1989 11 will only have
protection as an assured agricultural occupant under the Housing Act 1988. If the original occupancy was granted on or
before 14 January 1989 then the succeeding spouse will obtain protection as a protected or statutory tenant by
succession under the Rent (Agriculture) Act 197612.
Generally under the Housing Act 1988 there is no right of succession for a member of the family of a
deceased tenant13. Accordingly, the protection available following the death of an assured agricultural occupant is
greater than that generally available under the Housing Act 1988.
The right to statutory protection by succession under the Housing Act 1988 cannot arise if the immediate
landlords interest belongs to the Crown or to a number of other bodies including local authorities 14.
[5615]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Spouse has now been statutorily defined to include a person living with the original occupier as his or her wife or husband:
see the Housing Act 1988, Sch 3 para 3(5) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
This provision applies equally where the deceased leaves a widower: see the Housing Act 1988, Sch 3 para 3(2).
Spouse has now been statutorily defined to include a person living with the original occupier as his or her wife or husband:
see the Housing Act 1988, Sch 3 para 3(5).
The Housing Act 1988 does not define the term member of his (the deceaseds) family. However, it has been held to cover
illegitimate, adopted and step-children as well as persons related by blood or marriage and cohabitees: see Dyson Holdings Ltd v
Fox [1976] QB 503, [1975] 3 All ER 1030, CA.
See the Housing Act 1988, Sch 3 para 3(3)(b).
See the Housing Act 1988, Sch 3 para 3(5).
See the Housing Act 1988, Sch 3 para 3(4),(6).
See the Housing Act 1988, Sch 3 para 3(4).
See the Housing Act 1988 s 141(3).
As to transitional provisions, see Paragraph 702 [5602] ante.
See the Housing Act 1988 s 17.
See the Housing Act 1988, Sch 1 paras 11, 12.
[5616]
709
Licence or tenancy by substitution
The agricultural worker condition is satisfied, and the occupier protected, if the occupiers tenancy or licence was
granted in consideration of him giving up possession of another dwellinghouse in respect of which at the time of the
surrender the agricultural worker condition was satisfied 1.
1
See the Housing Act 1988, Sch 3 para 4 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
[5617]
709A.
Housing Act 1996: licence or tenancy by substitution
Where a new tenancy is granted on or after 28 February 1997 and the landlord or (as the case may be) at least one of
the landlords was, immediately before the grant a landlord or licensor under an assured agricultural occupancy and the
tenant or (as the case may be) one of them was the tenant or licensee under that assured agricultural occupancy, then the
new tenancy will be an assured agricultural occupancy and it is not open to the landlord to attempt to avoid that result
by serving notice in the prescribed form under the current legislation 1.
1
See the Housing Act 1988 Sch 2A para 9(2)(a),(b) as inserted by the Housing Act 1996 s 96(2), Sch 7 (23 Halsburys Statutes
(4th Edn) LANDLORD AND TENANT). See also the definition of excepted tenancy contained in Sch 2A para 9(3) of the 1988
Act as inserted by Housing Act 1996 s 96(2), Sch 7 and Paragraph 709 [5617]. This mimics the previous position as described.
[5617.1]
710
Sub-tenancies
Subject to the limitations described below, it is an implied term of every assured periodic tenancy, and therefore of
every periodic assured agricultural occupancy, that the tenant must not assign, sublet or part with possession of the
whole or any part of the dwellinghouse without the consent of the landlord 1. The Housing Act 1988 does not require
that consent to be in writing. The provision contained in the Landlord and Tenant Act 1927 that consent should not be
unreasonably withheld 2 does not apply to the term implied into an assured tenancy 3.
The implied condition does not apply where the tenancy agreement contains a term prohibiting alienation
(whether absolutely or conditionally) or where the tenant is permitted (whether absolutely or conditionally) to assign,
sublet or otherwise part with possession4. Further, a term restricting alienation will not be implied where a premium is
required to be paid on the grant or renewal of the tenancy, although this will rarely, if ever, apply in lettings to
agricultural workers5.
Where a sub-tenancy is created, and that sub-tenant qualifies for protection as an assured tenant or as an
assured agricultural occupant, then the Housing Act 1988 gives the sub-tenant protection where the superior tenancy
comes to an end6. The Housing Act 1988 also provides protection for a sub-tenant of part of a dwellinghouse let on an
assured tenancy, or an assured agricultural occupancy, in the event of the termination of a superior tenancy 7.
1
2
3
4
5
6
7
See the Housing Act 1988 s 15(1) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Landlord and Tenant Act 1927 s 19 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
[5618][5625]
C: STATUTORY TERMS
1: STATUTORY PROTECTION
711
The nature of statutory protection
The Housing Act 19881 provides that every assured agricultural occupancy that is not an assured tenancy is to receive
the same protection as is given to an assured tenancy under the provisions contained in the Housing Act 1988 Chapter
I2.
1
2
Ie the Housing Act 1988 ss 119.
[5626]
712
Statutory periodic tenancy
If a contractual, fixed term assured tenancy is brought to an end, other than by an order of the court or by surrender, a
periodic assured tenancy will arise and this is defined by the Housing Act 1988 as a statutory periodic tenancy 1. The
statutory periodic tenancy differs from the statutory tenancy arising under the Rent Act 1977 2 or the Rent (Agriculture)
Act 19763 in a number of ways.
The Housing Act 1988 adopts the same conceptual framework as the Landlord and Tenant Act 1954 4 which
governs security of tenure for business tenants. Accordingly, the statutory periodic tenancy is not merely a personal
right as is the statutory tenancy under the Rent Act 1977 or the Rent (Agriculture) Act 1976. It is in fact a continuation
of the contract of tenancy and accordingly is capable of devolving under a will or intestacy 5.
Another fundamental difference is the provision for fixing the terms of the statutory periodic tenancy.
[5627]
1
2
3
4
5
See the Housing Act 1988 s 5(7) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). If the landlord creates a fixed
term tenancy and provides in the tenancy agreement that after the expiration of the fixed term the tenancy will continue as a
periodic tenancy (week to week or month to month, for example), then it is submitted that a statutory periodic tenancy does not
arise and the provisions of the Housing Act 1988 s 6 as to variation of terms (see Paragraph 713 [5636] post) cannot be invoked.
The rent can be increased either under the rent review provisions in the tenancy agreement (if any) or in accordance with the
provisions of the Housing Act 1988 s 13 (see Paragraph 716 [5642] et seq post). The tenant cannot improve his position by
giving a notice to quit in order to try to create a statutory periodic tenancy, as the effect would be to take the tenancy outside the
protection of the Housing Act 1988 altogether: see the Housing Act 1988 s 5(1),(2).
See the Rent Act 1977 s 2 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and vol 23 LANDLORD AND TENANT
Paragraphs 152 [281]203 [365].
See the Rent (Agriculture) Act 1976 s 4(1) (1 Halsburys Statutes (4th Edn) AGRICULTURE) and Paragraphs 601 [5001]654
[5205] ante.
See the Landlord and Tenant Act 1954 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and vols 22(1) - (3) (19961997 Reissue) LANDLORD AND TENANT (Business Tenancies) .
This is subject to it being a mandatory ground for possession if the landlord begins possession proceedings within 12 months of
the death of the tenant or the date upon which the landlord became aware of the notice: see the Housing Act 1988, Sch 2 Pt I
Ground 7.
[5628][5635]
2: TERMS
(a) Variation of terms and implied terms
713
Variation of the terms of a statutory tenancy
The terms of the statutory periodic tenancy will be the same as those under the former contractual assured tenancy 1.
However, the Housing Act 1988 provides a mechanism by which landlords and tenants may vary those terms 2. At any
time up to one year after the statutory periodic tenancy has come into being, either party may serve a notice proposing
new terms. The notice must be in the prescribed form 3. If either party objects to the proposed new terms, he or she may
apply to the Rent Assessment Committee to determine whether those terms are such as might reasonably be expected
to be found in an assured periodic tenancy of the dwellinghouse concerned 4 granted by a willing landlord.
1
2
3
See the Housing Act 1988 s 5(3)(e) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Housing Act 1988 s 6(2) and the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988/ 2203 as
amended by SI 1993/654, Schedule Form 1. For the prescribed form of notice proposing different terms for a statutory periodic
tenancy, see Form 406 [5935] post.
See the Housing Act 1988 s 6(4) and the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988, Schedule
Form 2 as amended by SI 1990/1532 and SI 1993/654. For the prescribed form of application referring a notice proposing
different terms for a statutory periodic tenancy to a rent assessment committee, see Form 407 [5940] post.
[5636]
713A.
Housing Act 1996: variation of the terms of a statutory tenancy
As a result of the changes introduced by the Housing Act 1996, a number of the prescribed forms have undergone
minor modification and thus been replaced by new prescribed forms. That is the case in respect of the form that either
the tenant or landlord can use proposing new terms for the statutory periodic tenancy, although again the procedure to
be adopted remains the same1.
1
See the Assured Tenancies and Agricultural Occupancy (Forms) Regulations 1997/194, Form 1 which is reproduced at Form 406
[5935] post.
[5636.1]
714
Implied terms
The Housing Act 1988 provides for terms to be implied into an assured tenancy or an assured agricultural occupancy as
follows:
714.1 Assignment etc: a term prohibiting assigning, subletting or parting with possession of the whole or any part of
the dwelling house is to be implied in every assured tenancy that is a periodic tenancy 1.
714.2 Access: it is to be an implied term of every assured tenancy (and therefore every assured agricultural occupancy
and assured shorthold tenancy) 2 that the tenant will afford the landlord access to the dwellinghouse and all
reasonable facilities for executing any repairs the landlord is entitled to execute 3. The provision does not require
the landlord to give any advance notice before exercising this right.
714.3 Repairs: the obligations imposed on landlords where the property let is a dwellinghouse and the tenancy is for
less than seven years 4 are extended to all lettings under the Housing Act 1988 5. The landlord is required to keep
in repair the structure and exterior of the property let, and to keep in repair and working order installations
within the property let for the supply of water, gas and electricity, for sanitation and for heating and hot water 6.
The Housing Act 1988 extends these obligations to repair of the exterior and structure of a building of which the
demised premises form part, and (subject to exceptions) to shared parts of any such building.
1
2
3
4
5
6
See the Housing Act 1988 s 15 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to sub-tenancies, see Paragraph
710 [5618] ante.
As to assured shorthold tenancies, see Paragraphs 733 [5706]740 [5717] post.
See the Landlord and Tenant Act 1985 s 11 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Housing Act 1988 s 116. As to transitional provisions, see the Housing Act 1988 s 116(4).
The implied repairing obligation applies to every lease of a dwellinghouse granted after 24 October 1961 for a term of less than
seven years. It is not possible to contract out of this implied term without the sanction of the court: see the Landlord and Tenant
Act 1985 s 12.
[5637][5640]
(b) Rent
715
Introduction
Occupants of tied cottages protected by the Rent (Agriculture) Act 1976 are unaffected by the provisions relating to
rent enacted in the Housing Act 1988, whilst assured agricultural occupants, who traditionally paid little or no rent, find
themselves subject to the provisions applying generally to assured tenancies 1.
1
See the Housing Act 1988 s 24(3),(4) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
[5641]
716
The initial rent and subsequent variation
There is no restriction upon the amount of rent chargeable by a landlord on the grant of a tenancy in respect of a
dwellinghouse. The rent may be agreed to be more than the rent threshold 1 or two-thirds the rateable value of the
dwellinghouse for the time being and still qualify for protection as an assured agricultural occupancy if the agricultural
worker condition is fulfilled 2. If a fair rent has been registered for the dwellinghouse under either the Rent
(Agriculture) Act 1976 or the Rent Act 1977 it has no effect upon a licence or tenancy granted under and protected by
the Housing Act 1988.
The parties to an assured agricultural occupancy may vary any term of the tenancy by agreement, including
the rent3.
Assured agricultural occupancies are generally unlikely to be fixed term tenancies because of the nature of
employment in agriculture. Nevertheless in the case of a fixed term letting the rent cannot be varied during the term of
the tenancy except by agreement between the parties 4, or if the tenancy agreement contains a rent review provision.
1
2
3
4
As to the rent threshold, see Paragraph 705.2.2 [5609] ante.

As to the basic requirements for protection, see Paragraph 703 [5606] ante. As to the agricultural worker condition, see
See the Housing Act 1988 ss 6, 13(5) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Housing Act 1988 s 13(1),(5).
[5642]
717
Statutory periodic or periodic tenancies
The landlord under a contractual or statutory periodic tenancy (unless the tenancy agreement contains a rent review
provision1) may serve on the tenant a notice in the prescribed form 2 proposing a new rent to take effect at the beginning
of a period of the tenancy specified in the notice 3 being a period beginning not earlier than:
717.1 the minimum period after the date of service of the notice 4, ie:
717.1.1 in the case of a yearly tenancy, six months;
717.1.2 in the case of a tenancy where the period is less than a month, one month; and
717.1.3 in any other case, a period equal to the period of the tenancy; and
717.2 (except in the case of a statutory periodic tenancy) the first anniversary of the date on which the first period of
the tenancy began; and
717.3 if the rent has previously been increased by a notice or by a determination by the Rent Assessment Committee,
the first anniversary of the date on which the increased rent took effect 5.
1
2
3
4
5
It is recommended that all agreements creating tenancies (or licences) protected by the Housing Act 1988 (23 Halsburys Statutes
(4th Edn) LANDLORD AND TENANT) should contain a rent review provision.
See the Housing Act 1988 s 13(2) and the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988/2203,
Schedule Form 5 as amended by SI 1989/146 and SI 1993/654. For the prescribed form of notice by a landlord proposing a new
rent under the an assured periodic tenancy, see Form 408 [5948] post.
See the Housing Act 1988 s 13(2)(a),(3).
[5643]
717A.
Housing Act 1996: statutory periodic tenancies
minor modification and thus been replaced by new prescribed forms. That is the case in respect of the landlords form
proposing a rent increase, although the procedure to be adopted remains the same 1.
1
[5948] post.
[5643.1]
718
Rent assessment committee
718.1 The new rent specified in the notice served by the landlord 1 will take effect as specified in the notice unless the
tenant makes an application in the prescribed form 2 to the rent assessment committee (or the landlord and tenant
agree otherwise) 3.
718.2 Where a tenant makes an application to the rent assessment committee, the committee will determine the rent
(excluding any service charge, but including sums on account of furniture or other matters0set out in the
Landlord and Tenant Act 1985 section 18(1)(a)) 4 at which the committee consider that the dwellinghouse
concerned might reasonably be expected to be let in the open market by a willing landlord under an assured
tenancy:
718.2.1 which is a periodic tenancy having the same periods as those of the tenancy to which the notice
relates;
718.2.2 which begins at the beginning of the new period specified in the notice;
718.2.3 the terms of which (other than those relating to the amount of rent) are the same as those to which the
notice relates; and
718.2.4 on the assumption that the same notices have been given for the purposes of the mandatory grounds
for possession as were given in relation to the tenancy to which the application relates 5.
[5644]
718.3 The committee will determine the rent on the assumption that the rates are borne by the tenant regardless of
whether that is in fact the case6. In determining the new rent the committee will disregard:
718.3.1 any effect on the rent attributable to the granting of a tenancy to a sitting tenant;
718.3.2 the tenants relevant improvements 7; and
718.3.3 any reduction in the value of the dwellinghouse attributable to a failure by the tenant to comply with
the terms of the tenancy8.
1
2
3
4
5
6
7
8
Ie a notice under the Housing Act 1988 s 13(2) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to the
landlords notice, see Paragraph 717 [5643] ante.
See the Housing Act 1988 s 13(4) and the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988/ 2203,
Schedule Form 6 as amended by SI 1990/1532. For the prescribed form of application referring a notice proposing a new rent to
a rent assessment committee, see Form 409 [5953] post.
See the Housing Act 1988 s 14(1),(4).
[5645]
718A.
Housing Act 1996: rent assessment committee
minor modification and thus been replaced by new prescribed forms. That is the case in respect of the tenants form
referring the landlords proposed new rent to the rent assessment committee, although again the procedure to be
adopted remains the same1.
[5953] post.
[5645.1]
719
Effective date of rent increase
When the rent assessment committee has determined the rent, that rent will be the rent under the tenancy with effect
from the beginning of the new period under the notice given by the landlord 1 or, if that would cause undue hardship to
the tenant, with effect from a later date (not being later than the date the rent is determined) 2. If the rent assessment
committee also has to consider a reference to vary the terms of the tenancy 3, it must first deal with the variation in the
terms of the tenancy and then assess the rent taking into account the new terms of the tenancy 4, provided that the date
on which the new terms are to take effect is not later than the date in the rent review notice served by the landlord under
the Housing Act 1988 section 135. If the date on which the new terms are to take effect is later than the date contained
in the landlords rent review notice, then the rent assessment committee is unable to deal with both applications at the
same time6.
1
2
3
4
5
6
Ie a notice under the Housing Act 1988 s 13(2) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to the
landlords notice, see Paragraph 717 [5643] ante.
See the Housing Act 1988 s 6. As to variation of the terms of the tenancy, see Paragraph 713 [5636] ante.
[5646]
720
Rent increase during employment
There is nothing to stop a landlord increasing the rent payable by an assured agricultural occupant provided he does so
either in accordance with the rent review provision (if any) contained in the tenancy agreement or licence, or pursuant
to the Housing Act 1988 section 13 1. If the rent was previously less than two-thirds of the rateable value of the
dwellinghouse for the time being or less than the rent threshold 2, and then is increased to a level of more than twothirds of the rateable value of the dwellinghouse for the time being or more than the rent threshold, that will not cause
the tenancy to convert from protection as an assured agricultural occupancy to an assured tenancy. It will remain
protected as an assured agricultural occupancy provided the agricultural worker condition is fulfilled 3. The
landlord/employer should, however, consider the terms of the occupiers employment contract and whether any
increase in rent will breach the terms of that contract or need to be separately notified to the occupier under the
employment legislation.
1
2
3
As to the statutory provisions for review, see Paragraph 717 [5643] ante.
As to the rent threshold, see Paragraph 705 [5609] ante.
See the Housing Act 1988 s 24(1)(b) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to the basic requirements
for protection, see Paragraph 703 [5606] ante. As to the agricultural worker condition, see Paragraph 704 [5607] ante.
[5647]
721
Distress
Distress for rent of a dwellinghouse let on an assured agricultural tenancy is prohibited except with the consent of the
county court1.
1
[5648][5655]
D: SECURITY OF TENURE
722
Introduction
The Housing Act 1988 provides that a court must not make an order for possession of a dwellinghouse subject to an
assured agricultural occupancy except as provided in the Housing Act 1988 1. The Housing Act 1988 adopts the same
approach as the Rent (Agriculture) Act 19762, the Rent Act 19773 and the Housing Act 19854. The Housing Act 1988
makes a clear distinction between three situations:
722.1 a periodic tenancy;
722.2 a fixed term tenancy that is still subsisting; and
722.3 a fixed term tenancy that has expired (or otherwise contractually terminated), but where the tenant remains in
occupation pursuant to a statutory periodic tenancy5.
In all three cases the landlord must first serve upon the tenant a notice of his intention to commence possession
proceedings6.
1
2
3
4
5
6
See the Rent (Agriculture) Act 1976 s 6, Sch 4 (1 Halsburys Statutes (4th Edn) AGRICULTURE).
See the Rent Act 1977 s 98, Sch 15 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
See the Housing Act 1985 ss 82, 84, Sch 2 (21 Halsburys Statutes (4th Edn) HOUSING).
As to statutory periodic tenancies, see Paragraph 717 [5643] ante.
[5656]
723
Notice to commence proceedings
The landlords notice to the tenant setting out his intention to bring proceedings must be in the prescribed form 1 and
must state:
723.1 the ground or grounds upon which the landlord relies and particulars of it; and
723.2 the earliest date on which proceedings will commence; and
723.3 that the latest date for commencement of the proceedings is 12 months after the date of service.
The court has power to dispense with the notice requirements in exceptional circumstances, but no
dispensation can be granted if the landlord is relying upon Ground 8 2. Proceedings must be brought within 12 months
of the service of the notice, or otherwise a new notice must be served 3.
The usual period of notice will be two weeks 4, but in the case of Grounds 1, 2, 5, 6, 7 and 9 at least two
months notice, or notice equivalent to the contractual period of the tenancy, whichever is the longer, must be given 5.
A common law notice to quit, or a notice to quit served in accordance with the provisions of the Protection
from Eviction Act 19776 has no part to play in the termination of an assured agricultural occupancy under the Housing
Act 1988. No notice to quit is required 7. The only notice required is a notice of intention to commence proceedings in
the prescribed form8.
[5657]
1
2
3
4
5
6
7
8
See the Housing Act 1988 s 8(3) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and the Assured Tenancies and
Agricultural Occupancies (Forms) Regulations 1988/2203 Form 4. For the prescribed form of notice seeking possession of a
property let on an assured agricultural occupant, see Form 402 [5918] post.
As to Ground 8, see Paragraph 726.8 [5667] post.
The Protection from Eviction Act 1977 s 5 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) provides that no notice
to quit premises let as a separate dwelling is valid unless given in writing and at least four weeks before it is to take effect. The
operation of this section is extended to licences unless they are excluded licences: see the Protection from Eviction Act 1977 s
5 as amended by the Housing Act 1988 s 32. As to excluded tenancies and licences, see the Protection from Eviction Act 1977 s
3A as inserted by the Housing Act 1988 s 31.
[5658]
723A.
Housing Act 1996: notice to commence proceedings
As a result of the additional grounds for possession and the changes to some of the grounds for possession introduced
into the Housing Act 1988 by the Housing Act 1996 1, the landlords notice of intention to take proceedings has
undergone minor revision and thus been replaced by a new prescribed form 2. The basic procedure to be adopted
however remains the same.
1
2
See further Paragraphs 726 [5667]727A [5669] post.

[5918] post.
[5658.1]
724
Fixed term tenancies
For the effect of the Housing Act 1996 on Paragraph 724 see Paragraph 724A below
If the landlord wishes to terminate a fixed term tenancy before the contractual expiry date (and assuming there is no
provision in the tenancy agreement permitting earlier termination), the landlord can only rely upon certain limited
grounds in the Housing Act 1988 Schedule 2. These grounds are (1) two mandatory grounds, namely Grounds 2 or 8 1;
and (2) six discretionary grounds, namely Grounds 10 to 15 inclusive 2.
Even if one, or more, of the above grounds are available, the landlord must also show that the tenancy
agreement makes provision for the termination of the tenancy on the ground or grounds in question. The clause may
take the form of a proviso for re-entry or some other forfeiture clause, or it may simply allow for the termination of the
tenancy on stipulated grounds. If the clause is in the form of a forfeiture provision, there is no need for the landlord first
to institute forfeiture proceedings, as was necessary under the Rent (Agriculture) Act 1976 and the Rent Act 1977 3. The
existence of the clause, and not its exercise, is all that is necessary in order to bring possession proceedings under the
Housing Act 1988 where there is a fixed term tenancy still subsisting.
Once a fixed term tenancy expires, or is terminated by the landlord pursuant to a contractual right, or where
termination occurs otherwise than by court order, the lease is lawfully ended, but that does not terminate the tenants
right to occupy. The tenants right to a statutory periodic tenancy under the Housing Act 1988 Section 5(3) will
continue until such time as an order for possession is made or the tenancy is surrendered by deed 4 or by operation of
law5.
[5659]
1
2
3
4
5
See the Housing Act 1988 s 7(6)(a) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to Grounds 2 and 8, see
Paragraphs 726.2, 726.8 [5667] post.
See the Housing Act 1988 s 7(6)(a). As to grounds 1015 inclusive, see Paragraphs 727.2727.7 [5668] post.
See the Law of Property Act 1925 s 52 (37 Halsburys Statutes (4th Edn) REAL PROPERTY).
Even if there is no express surrender by deed, a landlord and tenant may be considered to have behaved in a manner inconsistent
with the continuation of the tenancy.
In order to constitute a surrender by operation of law there must be, first, an act or purported surrender invalid
per se by reason of non-compliance with statutory or other formalities, and secondly, some change of
circumstances supervening on, or arising from, the purported surrender, which, by reason of the doctrine of
estoppel or part performance, makes it unequitable and fraudulent for any of the parties to rely upon the
invalidity of the purported surrender
per Evershed MR in Foster v Robinson [1950] 2 All ER 342 at 346, CA, quoting from Hamish Hamilton, General Law of
Landlord and Tenant (7th Edn). An express surrender has been found to have arisen where there has been an abandonment of the
tenancy (Phene v Popplewell (1862) 12 CBNS 334); the surrender by handing over possession and delivery of the key (Furnivall
v Grove (1860) 8 CBNS 496); and an agreement for a new lease. However, the Housing Act 1988 imposes limitations upon the
ability of a landlord and tenant to enter into a surrender and re-grant where the tenant has previously been protected by the Rent
Act 1977: see the Housing Act 1988 s 34(1).
[5660]
724A.
Housing Act 1996: Fixed term tenancies
The Housing Act 1996 added two new grounds for possession, Grounds 14A and 17 1, and modified the terms of two
others: Ground 8 and Ground 142. Those changes have resulted in the prescribed form for the landlords notice of
intention to take possession proceedings being varied 3. Following the changes made by the Housing Act 1996 to the
assured shorthold tenancy regime, the concerns expressed as to the dangers of referring to Ground 2 in a provision
allowing early termination in the event of default by the tenant within an assured shorthold tenancy granted on or after
28 February 1997 no longer apply4. That together with the addition of Ground 17 means that there are changes that
should be made within the tenancy agreement 5.
[5661]
1
2
3
4
5
See the Housing Act 1988 Sch 2 as amended by Housing Act 1996 ss 102, 149 (23 Halsburys Statutes (4th Edn) LANDLORD
AND TENANT).
See the Housing Act 1988 Sch 2 Grounds 8, 14 respectively as amended by the Housing Act 1996, ss 101, 148. See Paragraphs
726A [5667.1], 727A [5669] post.
[5918] post.
See Form 401 post [5901].
[5662][5665]
2: GROUNDS FOR POSSESSION
(a) General
725
Generally
The Housing Act 1988 provides two types of grounds for possession:
725.1 discretionary cases where the court will make an order for possession only if it considers it reasonable to do so 1;
and
725.2 mandatory cases where the court must make an order for possession2.
If the court is satisfied that one of the mandatory grounds for possession applies, it only has very limited
power to adjourn, stay or suspend an order for possession for a period of 14 days, unless exceptional hardship would be
caused, in which case the time for giving possession may be delayed for up to six weeks 3.
Where the court has a discretion to make an order for possession, the court may adjourn proceedings, stay or
suspend the execution of any order, or postpone the date for possession for such period or periods as the court thinks fit,
although when doing so the court must impose conditions relating to the payment of rent or rent arrears unless doing so
would cause exceptional hardship or would otherwise be unreasonable 4.
1
2
3
4
See the Housing Act 1980 s 89(1) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and the Housing Act 1988 s
9(1),(6).
[5666]
726
Cases where the court must order possession
The court must make an order for possession against an assured agricultural occupant in the following cases 1:
726.1 Ground 1: where the dwellinghouse is required as a residence for the landlord or his spouse.
726.2 Ground 2: where the dwellinghouse is subject to a mortgage granted before the beginning of the tenancy and the
mortgagee is entitled to exercise a power of sale and requires vacant possession.
726.3 Ground 3: where the tenancy is a fixed term tenancy for a term of not more than eight months and it was
immediately preceded by a holiday let.
726.4 Ground 4: where the tenancy is a fixed term tenancy for a term of not more than 12 months and was
immediately preceded by a letting by a specified educational institution.
726.5 Ground 5: where the letting was to a Minister of religion.
726.6 Ground 6: where the landlord intends to demolish or reconstruct the whole or a substantial part of the
dwellinghouse or to carry out substantial works 2.
726.7 Ground 7: where an assured tenancy has passed by will or intestacy after the death of the tenant and the
landlord begins proceedings within 12 months of the death of the tenant or the date upon which the landlord
became aware of the notice.
726.8 Ground 8: where at the date of service of the notice of the landlords intention to bring proceedings and at the
date of the hearing there are three months arrears of rent (or 13 weeks arrears in the case of a weekly tenant).
1
See the Housing Act 1988, Sch 2 Pt I (Cases 18) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). It is beyond the
scope of this Commentary to give a more detailed analysis of the grounds for possession. See vol 23 LANDLORD AND TENANT
Paragraphs 216 [431]225 [444].
This ground for possession is based upon the Landlord and Tenant Act 1954 s 30(1)(f) (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT). The Housing Act 1988 s 11 provides that where a landlord obtains possession in reliance on Ground
6, he must pay the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the
dwellinghouse. This is to be decided by agreement or, in default of agreement, by the county court.
[5667]
726A.
Housing Act 1996: cases where the court must order possession
The Housing Act 1996 has introduced an amendment to the Housing Act 1988 Sch 2 Ground 8 1 by reducing the level
of arrears necessary, both at the time of service of the relevant notice under Section 8 of the 1988 Act and at the date of
the hearing, to two months arrears where rent is payable monthly and eight weeks arrears where the rent is payable
weekly or fortnightly.
1
See the Housing Act 1988 Sch 2 Ground 8 as amended by the Housing Act 1996 s 101 (23 Halsburys Statutes (4th Edn)
[5667.1]
727
Cases where the court has a discretion to order possession
For the effect of the Housing Act 1996 on Paragraph 727 see Paragraph 727A below
The court has a discretionary power to make an order for possession against an assured agricultural occupant in the
following cases1:
727.1 Ground 9: the provision of suitable alternative accommodation by the landlord.
727.2 Ground 10: rent arrears.
727.3 Ground 11: persistent delay in paying rent even if there are no arrears on the date when the possession
proceedings are issued or heard.
727.4 Ground 12: breach of any other obligation of the tenancy.
727.5 Ground 13: deterioration of the dwelling house by waste, neglect or default by the tenant or any person residing
or lodging with him or by any sub-tenant of his.
727.6 Ground 14: nuisance or annoyance to adjoining occupiers or conviction for using the dwelling house for
immoral or illegal purposes.
727.7 Ground 15: ill treatment of furniture.
The Housing Act 1988, Schedule 2 contains a further ground for possession in Ground 16 2 where the
dwelling house was let to a tenant in consequence of his employment by the landlord who is seeking possession. This
ground for possession does not apply to an assured agricultural occupancy3.
1
2
3
See the Housing Act 1988 Sch 2 Pt II (Cases 915) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). It is beyond
the scope of this Commentary to give a more detailed analysis of the grounds for possession. See vol 23 LANDLORD AND
TENANT Paragraphs 226 [451]234 [459].
See the Housing Act 1988 Sch 2 Pt II Ground 16 as amended by the National Health Service and Community Care Act 1990 s
60, Sch 8 para 10.
[5668]
727A.
Housing Act 1996: cases where the court has a discretion to order possession
The Housing Act 1996 introduced an amendment to Ground 14 so that it now covers nuisance or annoyance to persons
residing, visiting or otherwise engaged in a lawful activity in the locality as opposed to being limited to adjoining
occupiers and further covers any arrestable offence as opposed to a conviction for using the premises for immoral or
illegal purposes1.The 1996 Act has also added two new grounds for possession:727A.1Ground 14A: available only to registered social landlords o charitable housing trusts in cases of domestic
violence2; and
727A.2Ground 17: available where the tenant or someone acting at the tenants instigation knowingly or recklessly
made a false statement that induced the landlord to grant the tenancy3.
[5669]
1
2
3
See the Housing Act 1988 Sch 2 Ground 14 as substituted by the Housing Act 1996 s 148 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT). The changes were largely made because of the evidential difficulties that landlords encountered in
attempting to prove a contravention of Ground 14 in its original form. However, landlords may still encounter evidential
difficulties with the revised version of Ground 14 and still have to persuade the court that it is reasonable in all the circumstances
to make an order for possession.
See the Housing Act 1988 Sch 2 Ground 14A as inserted by the Housing Act 1996 s 149.
See the Housing Act 1988 Sch 2 Ground 17 as inserted by the Housing Act 1996 s 102.
[5670][5680]
(b) Re-housing by the local authority
728
The general position
The special ground for possession under the Rent (Agriculture) Act 1976 enabling the landlord to apply to the local
authority for alternative accommodation to re-house an agricultural worker survives the enactment of the Housing Act
19881. The position is not straightforward. Whilst the Housing Act 1988 seeks to maintain the ability to enable workers
to be rehoused through an application to the Housing Authority, it does so by amending the Rent (Agriculture) Act 1976
section 272. The result is that the ability of the owner of the dwellinghouse to make an application to the Housing
Authority for the rehousing of an agricultural worker is made pursuant to the Rent (Agriculture) Act 1976 section 27
(as now amended).
1
2
See the Housing Act 1988 s 26 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to rehousing by the local
authority under the Rent (Agriculture) Act 1976, see Paragraphs 649 [5191]654 [5205] ante.
[5681]
729
The application
The Housing Act 1988 does not re-enact in the same terms the specific discretionary ground for possession contained in
the Rent (Agriculture) Act 1976, Schedule 4 Case II 1. Accordingly, following an application to the Housing Authority,
permitted by the Rent (Agriculture) Act 1976 section 27 (as amended), upon the Housing Authority making an offer of
alternative accommodation to the agricultural worker, if that agricultural worker declines to accept the offer of
alternative accommodation, it is necessary for the owner to rely upon the general provisions for the obtaining of
possession in reliance upon suitable alternative accommodation having been offered contained in the Housing Act
1988, Schedule 2 Part III. It is submitted that notwithstanding this analysis the approach applied in the Rent
(Agriculture) Act 1976 may still be followed 2.
1
2
As to Case II, see Paragraphs 635 [5141] and 636 [5142] ante.
As to rehousing by the local authority under the Rent (Agriculture) Act 1976, see Paragraphs 649 [5191]654 [5205] ante.
[5682][5695]
3: TERMINATION BY THE TENANT
730
Periodic tenancies
If the tenancy is a periodic tenancy, the tenant can terminate that tenancy by any method permitted by common law or
by the terms of the tenancy agreement. Accordingly, the tenant may serve upon his landlord a notice to quit and upon
the expiry of the notice the tenant will have no further protection under the Housing Act 1988. Alternatively, the tenant
can agree with the landlord a surrender of the tenancy by agreement. However, any document signed by the tenant on
or before the date of the tenancy or given pursuant to an obligation entered into on or before that date is void 1.
1
[5696]
731
Fixed term tenancies
If the tenancy is fixed term, the Housing Act 1988 permits termination by the tenant by surrender or other action 1.
Surrender must of course be by agreement with the landlord and take effect by deed or operation of law. Other action
is not defined in the Housing Act 1988, but will clearly include a provision in the tenancy agreement enabling the
tenant to bring the tenancy to an end upon giving notice. Apart from such a break clause, a tenant has no right under the
Housing Act 1988 to bring a fixed term tenancy to an end before the expiration of the term granted.
1
See the Housing Act 1988 s 5(2)(b) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
[5697]
732
Termination of employment
If the tenant under an assured agricultural occupancy gives notice to terminate his employment then, notwithstanding
anything in any agreement or otherwise, that notice does not constitute a notice to quit in respect of the assured
agricultural occupancy1.
1
[5698][5705]
E: ASSURED SHORTHOLD TENANCIES

733
Introduction
The Housing Act 1980 introduced protected shorthold agreements 1 which enabled a landlord to enter into a tenancy
agreement with a tenant for a fixed period of between one and five years without granting security of tenure beyond the
term created. This scheme has been extended under the Housing Act 1988 by the creation of assured shorthold
tenancies2.
1
2
See the Housing Act 1980 s 52 (repealed).

[5706]
734
Basic requirements
For the effect of the Housing Act 1996 on Paragraph 734 see Paragraphs 734A734D below;
The Housing Act 1988 section 20 defines an assured shorthold tenancy as an assured tenancy 1:
734.1 which is a fixed term tenancy granted for a term certain of not less than six months 2;
734.2 in respect of which there is no power for the landlord 3 to determine4 the tenancy within six months from the
beginning of the tenancy5; and
734.3 in respect of which a notice is served prior to the commencement of the tenancy in the prescribed form stating
that the tenancy is an assured shorthold6.
[5707]
1
See the Housing Act 1988 s 20(1) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). The rent must be more than the
rent threshold or two-thirds of the rateable value of the dwellinghouse for the time being. As to qualifying tenancies and licences,
see Paragraph 705 [5609].
The Housing Act 1988 does not contain a maximum period for an assured shorthold tenancy. In practice landlords are likely to
grant tenancies for short periods. This is encouraged by the Housing Act 1988 itself: ibid s 20(4) provides that if, on the coming
to an end of an assured shorthold tenancy, a new tenancy of the same or substantially the same premises comes into being under
which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then, if and so long as the new
tenancy is an assured tenancy, it will be an assured shorthold tenancy. However, if a landlord is considering granting an assured
shorthold tenancy for a longer term, care should be taken to comply with the Law of Property Act 1925 ss 52 (as amended), 54
(37 Halsburys Statutes (4th Edn) REAL PROPERTY) which require for a valid grant of a term of three years or more that the
agreement should be executed as a deed. See generally vol 12 (1994 Reissue) DEEDS, AGREEMENTS AND DECLARATIONS . The
effect of the Housing Act 1988 s 22 should also be considered (see Paragraph 733 [5713] post). Further, for the purposes of
calculating the term of an agreement it is granted from the date of execution and it cannot therefore be backdated to create a term
3
4
5
6
of more than six months: see Roberts v Church Comrs for England [1972] 1 QB 278, [1971] 3 All ER 703, CA; Keen v Holland
[1984] 1 All ER 75, [1984] 1 WLR 251, CA; Bedding v McCarthy [1994] 41 EG 15, CA.
There is nothing to preclude the inclusion of an express provision allowing the tenant to terminate the tenancy within this period.
As to termination of fixed term tenancies by the tenant, see Paragraph 731 [5697] ante.
This condition is not breached by the inclusion of a forfeiture clause: see the Housing Act 1988 s 45(4).
See the Housing Act 1988 s 20(1)(c),(2) and the Assured Tenancies and Agricultural Occupancies (Forms) Regulations
1988/2203, Schedule Form 7 as amended by SI 1990/1532 and SI 1993/ 654. For the prescribed form of notice of intention to
grant an assured shorthold tenancy, see Form 404 [5927] post.
[5708]
734A.
Housing Act 1996: basic requirements
Following the commencement of Housing Act 1996 Chapter II 1 on 28 February 1997 and, specifically, Section 19A,
the basic requirements for the creation of an assured tenancy have changed substantially. However the provisions of
Section 19A are not retrospective 2. For tenancies granted on or after 28 February 1997 otherwise than pursuant to a
contract made before that date the position is now this:
734A.1 The tenancy must be capable of being an assured tenancy within the meaning of Section 1 of the Housing Act
19883;
734A.2 There is no longer any requirement that the tenancy be for a fixed term of six months or more 4;
734A.3 Save in certain limited circumstances, it is no longer necessary for the landlord to serve notice on the tenant
that the tenancy is to be an assured shorthold in advance of the grant of the tenancy 5.
[5708.1]
1
2
3
4
See the Housing Act 1996 (Commencement No 7 and Savings) Order 1997/225.
As to tenancies granted before 28 February 1997 (including tenancies commencing on or after that date pursuant to a contract
made before that date) see Paragraph 739 [5716] post.
If faced with a tenancy granted before 28 February 1997, in order to determine whether it is a validly created assured
shorthold it will be necessary to confirm that it was granted for an initial fixed term of six months or more, did not contain a
provision allowing the landlord to bring the tenancy to an end within the first six months and that the landlord served on the
tenant notice in the prescribed form prior to the grant of the tenancy: see Housing Act 1988 s 20(1)(c), or that the tenancy falls
within ibid ss 20(4) or 34(3) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT).
Further, before granting what the parties may believe to be an assured shorthold tenancy to replace an assured shorthold
tenancy granted before 28 February 1997, the parties will wish to ensure that the original tenancy was indeed an assured
shorthold and in cases of doubt may wish to serve a notice in accordance with ibid Sch 2A para 7(2). See paragraph 734B.7
[5708.3].
For a discussion of what this entails see Paragraph 706 [5611].
See the Housing Act 1988 s 19A as inserted by the Housing Act 1996 s 96(1). As a consequence:
(a)
oral or other informal arrangements which are by their nature periodic, will now take effect as assured shorthold
tenancies unless one of the specific exceptions in the Housing Act 1988 Sch 2A as inserted by the Housing Act 1996 s
96(2), Sch 7 applies;
(b)
landlords can grant weekly or monthly periodic tenancies, albeit that they will not be entitled to rely on ibid s 21
within the first six months of the tenancy (see Paragraph 739A [5716.1] post);
(c)
the potential difficulties that were associated with tenancies granted for a fixed term and then from month to month,
or some other period, (see Paragraph 735 [5709]) no longer apply and some landlords may wish to use that option to
retain the benefit of a contractual rent review provision.
The exception to this is in the case of agricultural workers: see the Housing Act 1988 Sch 2A para 9(2) as inserted (see note 4
above) and Paragraphs 734B [5708.3], 734C [5708.5] post.
[5708.2]
734B.
Housing Act 1996: the exceptions
The circumstances in which a tenancy which is an assured tenancy will not automatically take effect as an assured
shorthold tenancy are:
734B.1 where the landlord has served on the tenant prior to the grant of the tenancy a notice that the tenancy is not to be
an assured shorthold tenancy1;
734B.2 where the landlord has served notice on the tenant during the term of the tenancy that the tenancy is no longer to
be an assured shorthold tenancy2;
734B.3 where the tenancy agreement itself contains a statement that the tenancy is not an assured shorthold 3;
734B.4 assured tenancies arising under the succession provisions of the Rent Act 1977 or the Rent (Agriculture) Act
19764;
734B.5 a tenancy that became assured on ceasing to be a secure tenancy 5;
734B.6 a tenancy that became an assured tenancy on the ending of a long residential tenancy within the provisions of
the Local Government and Housing Act 19896;
734B.7 a tenancy that was granted to a tenant under a previous assured tenancy which was not an assured shorthold
unless the tenant has, prior to the grant of the new tenancy, served a notice on the landlord in the prescribed
form stating that the tenancy is to be an assured shorthold tenancy 7;
734B.8 an assured tenancy which comes into being at the end of an earlier assured tenancy (and not an assured
shorthold) by virtue of the Housing Act 1988 Section 58;
734B.9 an assured tenancy where the agriculture worker condition is for the time being fulfilled 9;
[5708.3]
1
2
3
4
5
6
7
8
9
See the Housing Act 1988 Sch 2A para 1 as inserted by Housing Act 1996 s 96(2), Sch 7 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT). Note that the form of the notice is not prescribed. Indeed the statement does not specifically require
the notice to be in writing, although that result might be construed from the language of the provision: see note 3 below.
See the Housing Act 1988 Sch 2A para 2 as inserted (see note 1 above). As to the form of the notice see note 1 above.
See ibid para 3 as inserted (see note 1 above). The paragraph does not specify that the statement must be in writing. There would
therefore appear no objection in principal to an oral assured tenancy containing such a provision, although a well advised tenant
would no doubt wish to see the existence of his security properly documented. Conversely, landlords who grant tenancies
without recording the terms in writing may find that they are subsequently met with an argument that the oral tenancy contains
such a statement and that it is accordingly an assured tenancy.
See ibid para 4 as inserted (see note 1 above): see Paragraph 708 [5614] ante.
See ibid para 5 as inserted (see note 1 above).
See ibid para 6 as inserted (see note 1 above). For the operation and effect of the relevant provisions of the Local Government
and Housing Act 1989 see 23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT.
See the Housing Act 1988 Sch 2A para 7 as inserted (see note 1 above). See Paragraph 734D [5708.8] post.
See ibid para 8 as inserted (see note 1 above). As to the operation of the Housing Act 1988 s 5 see Paragraph 712 [5627] ante.
See ibid para 9 as inserted (see note 1 above). See Paragraph 734C [5708.5] post.
[5708.4]
734C.
Housing Act 1996: agricultural workers and prior notice
The one remaining circumstance in which a landlord, as opposed to the tenant, must give notice to the tenant before the
grant of an assured shorthold tenancy is where the agricultural worker condition is fulfilled 1. The form of notice is
prescribed2. The same strictures apply to the service of this form as applied in the case of the old form of notice under
the Housing Act 1988 Section 20 in that:
734C.1 it must be served by the landlord on the tenant3; and
734C.2 it must be served before the grant of the tenancy4.
The exception applies to any assured tenancy in respect of which the agricultural worker condition is fulfilled
for the time being unless either notice has been served in accordance with the requirements of the Housing Act 1988
Schedule 2A paragraph 9(2) or the tenancy is a statutory periodic assured shorthold tenancy arising by virtue of the
Housing Act 1988 Section 5 following the expiry of a fixed term tenancy that had satisfied the notice requirements of
Housing Act 1988 Schedule 2A paragraph 9(2). It is submitted that the language of paragraph 9(1) means that where a
tenancy is granted to an agricultural worker who does not satisfy the agricultural worker condition at the outset of the
tenancy, the tenancy will start life as an assured shorthold tenancy but then convert into an assured agricultural
occupancy upon the agricultural worker condition being satisfied unless notice was given prior to the grant of the
tenancy under the Housing Act 1988 Schedule 2A paragraph 9(2)5.
Further, whilst the statute prevents statutory periodic assured shorthold tenancies arising under Section 5
from becoming assured agricultural occupancies 6, the same would not appear to be the case where a new tenancy is
granted. Thus on each occasion notice in the prescribed form must be served.
[5708.5]
1
2
3
See the Housing Act 1988 Sch 2A para 9 as inserted by Housing Act 1996 s 96(2), Sch 7 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT). As to the meaning and effect of the agricultural worker condition see Paragraphs 703 [5606]710
[5618] ante.
See the Housing Act 1988 Sch 2A para 9(2)(a)(i) as inserted (see note 1 above). For the current form of notice see the Assured
Tenancy and Agricultural Occupancy (Forms) Regulations 1997/194 Form 9 which is reproduced as Form 404 [5927] post.
Care must be taken to ensure that the parties to the tenancy agreement are properly reflected in the notice and that the notice is
served on each tenant. The tenant should be asked to receipt a copy of the notice confirming receipt prior to the grant of the
tenancy agreement.
[5708.6]
4
The notice must be served before the grant of the tenancy and the landlord must be able to prove that fact if required to do so
subsequently. Accordingly the tenant should be asked to receipt a copy of the notice confirming receipt prior to the grant of the
tenancy agreement. The tenancy must not be backdated beyond the service of the prescribed notice. Whilst the problems that
could previously arise in the context of calculating the term of the tenancy (following the decisions in Keen v Holland [1984] 1
All ER 15, [1984] 1 WLR 251, CA and Roberts v Church Comrs for England [1972] 1 QB 278, [1971] 3 All ER 703, CA) do not
apply, backdating before service of the notice will raise the presumption that the tenant was in occupation as tenant from the
beginning of the term stated in the agreement. It will also raise the presumption that he has already acquired protection as an
assured agricultural occupant or that the agreement merely records in writing the terms of a pre-existing tenancy so that the
notice was not served before the grant of that tenancy.
See Paragraph 707 [5613] ante. It is further submitted that once the tenancy has become an assured agricultural occupancy it will
remain one, notwithstanding that if examined anew, the condition would not subsequently be met because, for example, the
tenant is no longer full-time employed in agriculture.
It would appear that the intention of the statutory draughtsman may have been that an assured tenancy granted to an
agricultural worker where the agricultural worker condition was not fulfilled at the time of grant would always remain an assured
shorthold tenancy and not convert in the way suggested here. However, given the use of the expression for the time being and
the meaning that has been ascribed to that phrase in other circumstances in the context of residential tenancies, it is submitted
that in all cases where an assured shorthold tenancy is to be granted to an agricultural worker, notice in the prescribed form
should be served before the grant whether or not the agricultural worker condition is fulfilled at the time of grant.
See the Housing Act 1988 Sch 2A para 9(4) as inserted (see note 1 above).
[5708.7]
734D.
Housing Act 1996: renewals
Under the provisions of the Housing Act 1988 Section 20 it was not possible to grant an assured shorthold tenancy
where the tenant (or one of them) had, immediately before the grant of the new tenancy, held an assured tenancy under
which the landlord was the same as the landlord under the new tenancy 1. That position has now changed in that the new
tenancy can take effect as an assured shorthold tenancy if the tenant serves notice on the landlord in the prescribed form
prior to the grant of the tenancy2. However, it would appear that this option is not available in respect of assured
agricultural occupancies, notwithstanding the fact that for most purposes under the Housing Act 1988 they are treated
as assured tenancies3.
[5708.8]
1
2
See the Housing Act 1988 s 20(3) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). See Paragraph 735 [5709] ante.
See the Housing Act 1988 Sch 2A paras 7(1)(c), 7(2) as inserted by the Housing Act 1996 s 96(2), Sch 7. The form of notice is
contained in the Assured Tenancy and Agricultural Occupancy (Forms) Regulations 1997/194 Form No. 8 which is reproduced
as Form 401.1 [5917.1] post. The landlord, and not the tenant, will be anxious to ensure that the notice is correct in form, has
been properly completed and that it has been served (and the landlord can prove service) prior to the grant of the tenancy to
which it relates: see Paragraph 734C note 4 [5708.7] ante.
Where the agricultural worker condition is for the time being fulfilled, an assured tenancy can only be an assured shorthold
tenancy if notice in the prescribed form was served prior to the grant of the tenancy: see the Housing Act 1988 Sch 2A para 9(2)
as inserted (see note 2 above). The service of such a notice will be of no effect if the tenancy is an excepted tenancy: ibid Sch
2A para 9(2). An excepted tenancy is defined as being a tenancy in respect of which the person to whom it is granted (or one of
them as the case may be) was the tenant or licensee under a prior assured agricultural occupancy and the landlord (or one of
them as the case may be) granting the excepted tenancy was the landlord or licensor under the previous agreement: see ibid Sch
2A para 9(3). The net result would appear to be that it is not possible to serve an effective notice under ibid Sch 2A para 9(2) in
respect of a tenancy intended to replace a prior assured agricultural occupancy.
[5708.9]
735
Renewal of agreements
If following the expiration of the term of an assured shorthold tenancy the same premises are let again to the same
tenant, the new tenancy will be an assured shorthold even if any of the three requirements set out in sub-paragraphs
734.1734.3 above are no longer satisfied 1. However, it is not possible to grant an assured shorthold tenancy to a
person who, immediately before the grant of the new tenancy, was an assured tenant of the same landlord 2. The
Housing Act 1980 prevented a landlord from granting a further protected shorthold tenancy of the same premises to the
same tenant3. The consequence of doing so was to create a tenancy fully protected by the Rent Act 1977. It was
possible for a landlord merely to allow a tenant to hold over under an existing protected shorthold tenancy agreement
without any change in the nature of the tenants security of tenure. The landlord was still able to terminate the tenancy
on its anniversary. The more difficult question is whether, having regard to the more relaxed regime anticipated by the
Housing Act 1988 in relation to the renewal of an assured shorthold, it is possible to provide for a continuing landlord
and tenant relationship in the agreement beyond the initial term, for example, by providing for a fixed term of six
months and thereafter from month to month. This formulation was specifically used in relation to protected shorthold
tenancies by the Housing Act 1980 4. It has been advocated in the context of assure shorthold tenancies as a mechanism
by which to preserve the supremacy of a contractual rent review mechanism over that provided by the Housing Act
1988 sections 13 and 14. This gives rise to two questions:
735.1 is such a provision a term certain as required by the Housing Act 1988 section 20(4) 5; and
735.2 is such a provision a fixed term in contra distinction to a periodic tenancy or a hybrid fixed term/periodic
tenancy6?
[5709]
It is submitted that a tenancy for six months and then from month to month is for a term certain 5. What is less clear is
whether such a letting is a fixed term tenancy. In the absence of specific authority it is suggested that the prudent
draftsman should avoid this formulation. The initial letting should be for a fixed term only. A statutory periodic tenancy
will then arise automatically if the tenant remains in occupation. Alternatively the parties can agree to enter into a
further agreement which may itself be a periodic tenancy. It is not necessary to serve notice in the prescribed form
before the commencement of such further tenancy7.
Under the Housing Act 1988 there is nothing to stop a landlord granting an assured shorthold tenancy to the
same tenant of the same premises where previously the letting had been a protected shorthold tenancy 8.
1
2
3
4
5
6
7
8
See the Housing Act 1980 s 52(2) (repealed).
See the Housing Act 1980 s 52(5)(b) (repealed).
British Iron and Steel Corpn Ltd v Malpern [1946] KB 171, [1946] 1 All ER 408.
By way of analogy with the provisions of the Landlord and Tenant Act 1954 s 38(4) (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT) and see Re Land and Premises at Liss, Hants [1971] Ch 986, [1971] 3 All ER 380; Nicholl v Kinsey
[1994] 2 WLR 622.
[5710]
736
Application of assured shorthold tenancies to agricultural employees
An assured shorthold tenancy cannot be used to circumvent the security of tenure available to all assured agricultural
occupants. In order to create an assured shorthold tenancy one of the requirements is that it must be an assured
tenancy1 which is for a fixed term of not less than six months 2. Where there is either:
736.1 a tenancy under which a dwellinghouse is comprised in an agricultural holding 3 and is occupied by the person
responsible for the control of the farming of the holding4; or
736.2 a tenancy under which a dwellinghouse is comprised in a holding held under a farm business tenancy 5 and is
occupied by the person responsible for the control of the management of the holding 6,
the tenancy cannot be an assured tenancy 7 and accordingly it cannot be an assured shorthold tenancy. However, a
landlord can use assured shorthold tenancies in place of licences or tenancies granted to farm workers who are not
responsible for the control of the farming or management of the holding.
[5711]
1
2
3
4
5
6
7
As to assured tenancies, see Paragraph 706 [5611] ante.

See the Housing Act 1988 s 20(1)(a) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to the basic requirements
of an assured shorthold tenancy, see Paragraph 734 [5707] ante.
Agricultural holding means an agricultural holding within the meaning of the Agricultural Holdings Act 1986: see the Housing
Act 1988, Sch 1 para 7(3) as substituted by the Agricultural Tenancies Act 1995 s 40, Schedule para 34. See Scammell &
Denshams Law of Agricultural Holdings (7th Edn, 1989).
See the Housing Act 1988, Sch 1 para 7(1) as substituted by the Agricultural Tenancies Act 1995 s 40, Schedule para 34.
Farm business tenancy has the same meaning as in the Agricultural Tenancies Act 1995 (1 Halsburys Statutes (4th Edn)
AGRICULTURE): see the Housing Act 1988, Sch 1 para 7(3) as substituted by the Agricultural Tenancies Act 1995 s 40, Schedule
para 34.
See the Housing Act 1988, Sch 1 para 7(2) as substituted by the Agricultural Tenancies Act 1995 s 40, Schedule para 34.
See the Housing Act 1988, Sch 1 para 7 as substituted by the Agricultural Tenancies Act 1995 s 40, Schedule para 34.
[5712]
736A.
Housing Act 1996: application of assured shorthold tenancies to agricultural employees
It remains the case that assured shorthold tenancies cannot be used to circumvent the security of tenure available to all
assured agricultural occupants1. Whilst it is no longer necessary for an assured tenancy to be for a fixed term of six
months or more, the underlying tenancy must still satisfy the requirements for an assured tenancy 2.
1
2
See Paragraphs 734 [5708], 734A [5708.1] ante.

For an outline of these requirements see Paragraph 736 [5711] ante.
[5712.1]
737
Rent
The fundamental difference between an ordinary assured tenancy (and therefore an assured agricultural occupancy) and
an assured shorthold tenancy is that in the case of the latter the tenant has the right to challenge the rent initially agreed
by referring the rent to the rent assessment committee 1. In practice this is unlikely to deter a farmer landlord from using
assured shorthold tenancies2.
An application to refer the rent cannot be made if a determination has previously been made 3 or if the
tenancy is an assured shorthold tenancy that arose on the determination of the fixed term of a protected shorthold
tenancy4. The application must be made in the prescribed form 5.
[5713]
1
2
As the majority of lettings of tied accommodation are at a nil rent or at a low rent, the farmer landlord is unlikely to be
concerned that he is not maximising his return from the dwellinghouse let to the agricultural worker. Further, the enactment of
the Housing Act 1988 has not amended the Agricultural Wages Act 1948 s 7 (1 Halsburys Statutes (4th Edn) AGRICULTURE)
which provides that a value may be fixed at which the occupancy may be reckoned as payment of wages. A letting at a rent in
3
4
5
excess of the value of the premises determined pursuant to the Agricultural Wages Act 1948 s 7 may be valid if it is a separate
transaction distinct from the contract of employment: see Long Eaton Co-operative Society Ltd v Smith [1949] 2 KB 144, [1949]
1 All ER 633, CA.
See the Housing Act 1988 s 22(1); the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988/2203,
Schedule Form 8 as amended by SI 1990/1532 and SI 1993/654. For the prescribed form of application to a rent assessment
committee for determination of a rent under an assured shorthold tenancy, see Form 410 [5962] post.
[5714]
737A.
Housing Act 1996: rent
Whilst the Housing Act 1996 has not affected the tenants basic right to refer the rent payable under an assured
shorthold tenancy to the rent assessment committee, it has introduced time limits within which the application must be
made, but only in respect of assured shorthold tenancies granted under the provisions of the Housing Act 1988 Section
19A1.
1
See the Housing Act 1988 s 22(2)(aa) as inserted by the Housing Act 1996 s 100 (23 Halsburys Statutes (4th Edn) LANDLORD
AND TENANT). This provision provides that where the tenancy is one to which the Housing Act 1988 s 19A applies (ie it is an
assured shorthold tenancy granted on or after 28 February 1997) then any application under ibid s 22 for the determination of the
rent properly payable under the tenancy must be made within the first six months of the tenancy (or, where the tenancy is a
replacement tenancy as defined in ibid s 21(6), (7) (as amended)(see Paragraph 734D [5708.8] ante), within six months of the
grant of the original tenancy): see ibid s 22(2)(aa) as inserted by the Housing Act 1996 s 100(2). As a result, the form of
application to the Rent Assessment Committee has changed: see the Assured Tenancies and Agricultural Occupancies (Forms)
Regulations 1997/194 Form 6 which is reproduced as Form 410 [5962].
[5714.1]
738
The rent assessment committees role
The rent assessment committee must consider whether the tenant is paying rent significantly higher than that payable
under similar tenancies of similar dwellinghouses in the locality 1. The committee is required to fix the rent at the level
it thinks the landlord might reasonably be expected to obtain under the assured shorthold tenancy in question 2. The
committee cannot make a determination:
738.1 unless it considers that there is a sufficient number of assured tenancies (whether shorthold or otherwise) of
similar dwellinghouses in the locality3, and
738.2 unless it considers the rent in question to be significantly higher than the rent the landlord might reasonably be
expected to obtain under the tenancy, having regard to rents payable for comparable assured shorthold tenancies
and assured tenancies (and therefore assured agricultural occupancies) in the locality 4.
1
2
3
4
[5715]
739
Security of tenure
For the effect of the Housing Act 1996 on Paragraph 739 see Paragraph 739A below:
The grounds for possession in the Housing Act 1988, Schedule 2 apply as to other assured tenancies 1. Accordingly,
unlike the position in relation to an assured agricultural occupancy, Ground 16 may apply 2. Additionally the Housing
Act 1988 section 21 gives a further ground for possession where:
739.1 the assured shorthold tenancy has expired and no further assured tenancy (shorthold or otherwise) is for the time
being in existence, other than a statutory periodic tenancy (ie the continuation tenancy) 3; and
739.2 the landlord4 has given the tenant not less than two months' notice that he requires possession 5.
In this case the court has no discretion to refuse to order possession 6.
1
2
3
4
5
6
See the Housing Act 1988, Sch 2 Pt II Ground 16 as amended by the National Health Service and Community Care Act 1990 s
60, Sch 8 para 10.
Or in the case of joint landlords at least one of them: see the Housing Act 1988 s 21(1)(b).
[5716]
739A.
Housing Act 1996: security of tenure
Whilst the amendments introduced by the Housing Act 1996 have meant that it is no longer necessary for a landlord to
grant a fixed term of six months or more in order to create an assured shorthold tenancy 1, the tenant is still given the
security of knowing that, provided he complies with the terms of the tenancy agreement and does not otherwise bring
himself within any of the grounds for possession provided by the Housing Act 1988 2, he will be entitled to remain in
the accommodation for at least the first six months. This effect is achieved through an amendment to Section 21 of the
Housing Act 1988 so that the Court is prohibited from making an order for possession to take effect within the first six
months of the tenancy3.
1
2
3
See the Housing Act 1988 s 19A as inserted by the Housing Act 1996 s 96(1) (23 Halsburys Statutes (4th Edn) LANDLORD AND
TENANT).
See the Housing Act 1988 s 7 Sch 2 and Paragraphs 725 [5666]727A [5669] ante.
See the Housing Act 1988 s 21(5) as inserted by the Housing Act 1996 s 99. Where the tenancy is a replacement tenancy (ie it
follows a previous assured shorthold tenancy granted by the same landlord to the same tenant of the same or substantially the
same premises: Housing Act 1988 s 21(7)) then the six month period is calculated from the commencement of the original
tenancy: see ibid 1988 s 21(6) as inserted by the Housing Act 1996 s 99). Note, however, that the language of the provisions
implies that in appropriate cases it will be possible to obtain the order for possession before the expiry of the six month period
rather than the landlord having to wait until after that period before commencing his proceedings for possession.
[5716.1]
740
Points for consideration
If the farmer landlord does decide to use assured shorthold tenancies for his letting of farm cottages to farm workers
(who do not have responsibility for the control of the farming of the holding), the following points should be noted:
740.1 The tenant must pay a rent that is not a low rent1.
740.2 The rateable value of the dwellinghouse must have been less than 750 2; or the rent payable for the time being
must be less than 25,000 a year 3.
740.3 There is no provision in the Housing Act 1988 enabling the tenant to give notice to bring a contractual, fixed
term assured shorthold tenancy to an end before the expiration of the term 4.
740.4 The obligation on the local authority to re-house under the Rent (Agriculture) Act 1976 section 27 was extended
by the Rent Act 1977 to any protected or statutory tenancy that would if it or an earlier tenancy were at a low
rent be a protected occupancy or statutory tenancy 5. No similar extension was made by the Housing Act 1988.
The obligation to re-house imposed on the local authority only applies to assured agricultural occupancies and
not to assured shorthold tenancies6.
740.5 Under the Housing Act 1988 the farmer landlord is able to rely not only on Schedule 2 Ground 16 7 but also the
mandatory ground for possession contained in section 218.
[5717]
1
See the Housing Act 1988, Sch 1 paras 3, 3A, 3B as substituted by the References to Rating (Housing) Regulations 1990/434 (23
Halsburys Statutes (4th Edn) LANDLORD AND TENANT). As to qualifying tenancies and licences, see Paragraph 705 [5609]
ante.
Where the tenancy was entered into before 1 April 1990, or is entered into in pursuance of a contract made before that date, the
tenancy cannot be an assured tenancy if the rateable value on 31 March 1990 exceeded 750 (or 1500 if in Greater London):
see the Housing Act 1988, Sch 1 para 2A as substituted by the References to Rating (Housing) Regulations 1990.
Where the tenancy is entered into on or after 1 April 1990 (except, where the dwellinghouse had a rateable value on 31 March
1990, where it is entered into in pursuance of a contract made before 1 April 1990), the tenancy cannot be an assured tenancy if
the rent payable for the time being exceeds 25,000 a year: see the Housing Act 1988, Sch 1 para 2 as substituted by the
References to Rating (Housing) Regulations 1990.
Cf the position of protected shorthold tenants under the Rent Act 1977 (23 Halsburys Statutes (4th Edn) LANDLORD AND
TENANT) and the Housing Act 1980 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) who are able to give one
months notice where the tenancy is for a term certain of two years or less, and three months notice if the tenancy is for more
than two years: Housing Act 1980 s 53(1).
See the Rent (Agriculture) Act 1976 s 27(2) as amended by the Rent Act 1977 s 155, Sch 23 para 77 (1 Halsburys Statutes (4th
Edn) AGRICULTURE).
See the Rent (Agriculture) Act 1976 s 27(1),(3) as substituted by the Housing (Consequential Provisions) Act 1985 s 4, Sch 2
para 33(1),(3) and amended by the Housing Act 1988 s 26.
Ie the Housing Act 1988, Sch 2 Pt II Ground 16 as amended by the National Health Service and Community Care Act 1990 s 60,
Sch 8 para 10.
As to this ground for possession, see Paragraph 739 [5716] ante.
5
6
7
10
[5718][5900]

401
Tenancy agreement for an assured agricultural occupant or an assured shorthold tenant under the Housing Act
19881

(1)
(landlord) of (address) (the Landlord) and
(2)
(tenant)2 of (address) (the Tenant)
Agreement to let
[(assured agricultural occupancy)

The Landlord agrees to let and the Tenant agrees to take on a [weekly]3 tenancy (the Tenancy) commencing on (date)
the premises [known as (describe premises) (or) specified in [the] schedule [1]] (the Property) together with the
fittings furniture and effects (the Furniture) set out in the inventory agreed and signed by the parties [(stating both the
individual items and their present condition)] (a copy of which is attached to this agreement)]
[5901]
[(assured shorthold tenancy agreement):
The Landlord agrees to let and the Tenant agrees to take for a term of [6]4 months commencing on (date)5 (the
Tenancy) the premises [known as (describe premises) (or) specified in [the] schedule [1]] (the Property) together
with the fittings furniture and effects (the Furniture) set out in the inventory agreed and signed by the parties [(stating
both the individual items and their present condition)] (a copy of which is attached to this agreement)]
Consideration
The Tenant agrees to pay to the Landlord:

2.1
[weekly (or) monthly] rent6 of in [advance (or) arrear]7 [(subject to any review in accordance with
[the] schedule [2])]8 every [Fri]day commencing on (date) [the value of which at the rate of per
week is to be reckoned as payment of wages in lieu of payment in cash]9 [and
2.2
additional rent in respect of [council tax and] water and other rates levied on the Property and borne by the
Landlord]10
[The rent must be paid to (name and address of the Landlords agent)]
[5902]
Tenants agreements
The Tenant agrees with the Landlord as follows 11:
3.1
Rent
The Tenant must pay the rent at the times and in the manner specified [and all [council tax and] water and other rates
levied in respect of the Property and borne by the Landlord].12
3.2
Outgoings
The Tenant must pay as and when they fall due:

3.2.1
all charges for [gas and] electricity consumed on or supplied to the Property during the Tenancy;
3.2.2
the telephone rental and all charges for telephone calls made during the Tenancy and
3.2.3
the appropriate licence fee payable in respect of the use of a television set on the Property during the
Tenancy;
or a proper proportion of the amount of such charges to be assessed according to the duration of the Tenancy 13.
[5903]
3.3
Repair etc
The Tenant must use the Property in a tenant-like manner 14 and in particular:
3.3.1
must keep the interior of the Property and the doors windows and skylights (including the glass in the doors
windows and skylights) in a good state of repair and condition;
3.3.2
must maintain the interior of the Property in a good state of decorative condition and at least up to the
standard at the time he took possession;
3.3.3
must keep the Furniture in good repair and must not remove any of it from the Property;
3.3.4
must replace with similar articles of at least equal value any part of the Furniture that may be destroyed or so
damaged as to be incapable of being restored to its former condition (except such as may be destroyed or
damaged by accidental fire save where the insurance maintained by the Landlord has been wholly or partly
invalidated by any act or default by the Tenant) or at the option of the Landlord must pay him the value of the
Furniture in its present condition;
3.3.5
must not deface the Property or permit or suffer it to be defaced internally or externally;
3.3.6
must keep the drains free from obstruction [and the cesspool or septic tank properly cleansed];
3.3.7
must keep all electrical and other working apparatus in good working order;
3.3.8
must keep the grass cut, the hedges trimmed, the pathways weeded, the beds in a state of fit cultivation not
overgrown with weeds and clear away fallen leaves;
[5904]
3.3.9
must report to the Landlord as soon as possible any disrepair or defect for which the Landlord is responsible
in the structure or exterior of the Property or in any installation in the Property;
3.3.10
must permit the Landlord and his agents to enter the Property at all reasonable times to inspect the Property
and the Furniture and to carry out any repairs or alterations that may be necessary during the Tenancy
pursuant to the Landlords repairing obligations 15;
3.3.11
must execute immediately all repairs for which he is responsible, and if he fails to execute such repairs and
the Landlord gives notice requiring him to carry them out and he does not within [10] days after the service
of a notice proceeded diligently with the execution of such repairs then he must permit the Landlord to enter
upon the Property to execute such repairs and the cost of such repairs is to be a debt due from him to the
Landlord and immediately recoverable by action;
3.3.12
must place all refuse in a proper receptacle and ensure that it is regularly collected by the local authority, such
receptacle to be kept only in a place on the Property approved by the Landlord and
3.3.13
must deliver up the Property and the Furniture at the end of the Tenancy clean tidy and in accordance with the
above provisions
PROVIDED that this clause 3.3 does not relate to any matters that are the responsibility of the Landlord under the
Landlord and Tenant Act 1985 section 11 (or any statutory extension or modification of it) 16.
[5905]
3.4
Use of the property
The Tenant must not:

3.4.1
interfere with or make any alteration to the structure of the Property or the layout of the garden;
3.4.2
do anything or suffer or permit any person residing with him or any guest or visitor to do anything likely to
cause a nuisance or annoyance to the Landlord or adjoining occupiers [and in particular must not play or use
or permit to be played or used in the Property any musical instrument or sound reproduction equipment
between the hours of 2230 and 0730 so as to be audible outside the Property];
[3.4.3
keep any animal (including a bird or reptile) on the Property [without obtaining the written consent of the
Landlord];]
[3.4.4
use or permit to be used in the Property any oil or paraffin heater or lamp;]
3.4.5
use the Property or suffer or permit the Property to be used otherwise than as a private dwellinghouse 17 for
the use of the Tenant and his family only and must not take in lodgers or paying guests or carry on on the
Property any trade, profession or business;
3.4.6
do or suffer or permit to be done anything by which any policy of insurance effected by the Landlord on the
Property may become void or voidable or by which the rate of premium on any such policy may be
increased; or
3.4.7
[5906]
assign underlet or part with or share possession of the Property or any part of the Property 18.
The Landlord agrees with the Tenant as follows 19:
4.1
Repairs
The Landlord must comply with the provisions of the Landlord and Tenant Act 1985 section 11 (or any statutory
extension or modification of it)20 namely he must:
4.1.1
keep in repair the structure and exterior of the Property (including drains gutters and external pipes) and
4.1.2
keep in repair and proper working order the installations in the Property for the supply of water[, gas] and
electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures,
fittings and appliances for making use of the supply of water[, gas] or electricity) and for space heating or
heating water.
[4.2
Outgoings
The Landlord must pay all [council tax and] water and other rates levied in respect of the Property.]21
[4.3
Insurance
The Landlord must insure the Property [and the Furniture] to [its (or) their] full value against loss or damage [caused
by [fire, lightning, explosion, aircraft (other than hostile aircraft), other aerial devices or articles dropped from such
devices or aircraft, earthquake, riot, civil commotion and malicious damage, storm or tempest, bursting or overflowing
of water tanks, apparatus or pipes, flood, impact by road vehicles (or) fire and other usual risks] and must execute all
works of repair or replacement required in respect of the Property [and the Furniture] to make good the loss or damage
suffered provided that such loss or damage was not due to the wilful act, negligence or default of the Tenant.
[5907]
[The Landlords obligation to effect insurance does not extend to any contents belonging to the Tenant]22.]
4.4
Quiet enjoyment
The Tenant paying the rent and performing and observing the Tenants agreements contained in clause 3 above, the
Landlord must permit him peaceably to hold and enjoy the Property during the Tenancy without any interruption by the
Landlord or any person rightfully claiming under him.
[4.5
Access
The Landlord must afford the Tenant any right of access to the Property as is reasonable in the circumstances.]23
Further agreements
5.1
Re-entry
If at any time:
5.1.1
any part of the rent is in arrear for [15] days (whether formally demanded or not) and/or
5.1.2
there is any breach, non-performance or non-observance of the Tenants agreements and/or
5.1.3
the Tenant [becomes bankrupt24 or] makes any arrangement with his creditors or suffers any distress or
execution to be levied on his goods and/or
5.1.4
any of the grounds set out in the Housing Act 1988, Schedule 2 Grounds 2 25 or 8 or 1015 (inclusive) (which
relate to a sale by a mortgagee or breach of an obligation by the Tenant) or 17 apply
then the Landlord may re-enter the Property or any part of it and resume possession of the Furniture and upon such reentry the Tenancy is to determine absolutely but without prejudice to any claim the Landlord may have against the
Tenant in respect of any antecedent breach of the Tenants agreements 26.
[5908]
5.2
Notice
Any notice to be given in connection with the Tenancy is to be deemed to be properly given if sent by registered post or
recorded delivery addressed:
5.2.1
if given to the Landlord, to him by name at the address stated to be his address at the commencement of this
agreement or to an agent of the Landlord whose appointment has been confirmed to the Tenant by notice in
writing, or
5.2.2
if given to the Tenant, to him by name at the address of the Property
and if so sent is to be deemed to have been served not later than the first working day following the day on which it was
posted27.
5.3
Suspension of rent
If the Property is destroyed or rendered uninhabitable by fire [or flood] the rent is to cease to be payable until the
Property is reinstated and rendered habitable (and any dispute arising under this provision must be referred to
arbitration under the Arbitration Acts 1996).
5.4
Assured shorthold tenancy
[The parties agree that the Tenant has before the signing of this Agreement received a notice that the tenancy created by
this Agreement is to be an assured shorthold tenancy within the meaning of the Housing Act 1988 Section 19A,
Schedule 2A paragraph 9(2) notwithstanding the fact that the agricultural worker condition is or may be for the time
being fulfilled in respect of the Premises]28.
or
[The parties agree that the tenancy created by this Agreement is to be an assured shorthold tenancy within the meaning
of the Housing Act 1988 Section 19A]28a.
[5909]
Interpretation
6.1
The clause headings in this agreement do not form part of this agreement and must not be taken into account
in its construction or interpretation.
6.2
In this agreement the masculine gender includes the feminine gender.
[SCHEDULE [1]
The Property
(describe the property)]
[SCHEDULE [2]
The Rent Review Provisions29
(insert details)]
[5910]
1
As to stamp duty, see Information Binder: Stamp Duties [1]: Table of Duties (Lease or Tack) and (Duplicate or Counterpart).
The Housing Act 1988 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) provides a statutory framework
governing lettings in the private residential market. See Paragraphs 702 [5602]740 [5717] ante.
The first question to be considered when providing tied accommodation for an agricultural worker under the Housing Act
1988 is whether the agreement should be a tenancy or licence. Under the Rent (Agriculture) Act 1976 (1 Halsburys Statutes (4th
Edn) AGRICULTURE) the distinction had some important consequences. In particular, in the case of a licence it was not necessary
to serve a notice to quit in order to comply with the Protection from Eviction Act 1977 s 5 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT). Accordingly it was considered easier to dispossess a licensee before protection under the Rent
(Agriculture) Act 1976 had arisen than a tenant. That is no longer the case. The Housing Act 1988 s 32 amended the Protection
from Eviction Act 1977 s 5 so that the requirements of that section relating to notices to quit apply equally to licences (unless
they are excluded licences): see Paragraph 648 [5181] ante. Further, a common law notice to quit, or a notice to quit served in
accordance with the provisions of the Protection from Eviction Act 1977 s 5, has no part to play in the termination of an assured
agricultural occupancy under the Housing Act 1988. No notice to quit is required: see Paragraph 723 [5657] ante. Accordingly, it
is submitted that there are no material benefits to be gained by a farmer in utilising a licence agreement as opposed to a tenancy
agreement for a letting to an agricultural worker under the Housing Act 1988. Therefore, whilst it is still possible to draft a
licence agreement to allow an agricultural worker to go into occupation of premises under the Housing Act 1988, it is no longer
necessary to grapple with those drafting difficulties or to consider the problems that have been considered by the House of Lords
in Street v Mountford [1985] AC 809, [1985] 2 All ER 289 and, since then, in AG Securities v Vaughan [1990] 1 AC 417, [1988]
3 All ER 1058, HL. The real choice is between an assured agricultural occupancy and an assured shorthold tenancy. As to
assured shorthold tenancies, see Paragraphs 733 [5706]740 [5717] ante.
[5911]
2
6
7
If the spouse of the agricultural worker is made a party to the agreement, the succession position should still be considered (see
Paragraph 708 [5614] ante) notwithstanding the fact that the rights to succession under the Housing Act 1988 are considerably
more limited than under the Rent (Agriculture) Act 1976. As to the succession provisions under the Rent (Agriculture) Act 1976,
see Paragraphs 610 [5041]613 [5044] ante and 614 [5051]617 [5063] ante.
There is no provision under the Housing Act 1988 equivalent to that contained in the Rent (Agriculture) Act 1976 s 10, Sch 5
para 3, which provided that a licence agreement under the Rent (Agriculture) Act 1976 would be converted into a weekly
tenancy upon the creation of a statutory tenancy. Accordingly, the tenancy agreement can be weekly, monthly, or for whatever
other period the landlord and tenant agree. It is unlikely that the landlord will grant a tenancy for a fixed term (which has greater
complications in respect of rent: see Paragraphs 715 [5641]721 [5648] ante) unless the letting is as an assured shorthold
tenancy. Note the provisions of the Landlord and Tenant Act 1985 s 4 (23 Halsburys Statutes (4th Edn) LANDLORD AND
TENANT) which require the landlord where rent is payable weekly to provide the tenant with a rent book containing prescribed
information (for which see Form 403 [5924] post.
Following the changes introduced with effect from 28 February 1997 by the Housing Act 1996 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT), it is no longer necessary for an assured shorthold tenancy to be granted for a fixed term of six
months or more: the Housing Act 1988 s 19A as inserted by the Housing Act 1996 s 96. It is therefore possible, for example, to
grant an assured shorthold tenancy for a term from month to month. Note, however, the restriction contained in the Housing Act
1988 s 21(5) as inserted by the Housing Act 1996 s 99: see Paragraph 739A [5714.1] ante. See also note 29 [5917] below in
respect of rent review.
Whilst it is no longer necessary for the term of an assured shorthold tenancy to be at least six months, the problems that have
arisen in the past as a result of the decisions in Keen v. Holland [1984] 1 All ER 75 and Roberts v Church Commissioners for
England [1972] 1 QB 278 no longer apply. However, note the requirement in the case of agricultural workers for the landlord to
serve notice in the statutory prescribed form on the tenant prior to the grant of the tenancy and the effect of backdating the
tenancy beyond the date of service of such notice: see Paragraph 734C [5708.5] ante and note 28 [5916] below.
As to provisions relating to rent, see Paragraphs 715 [5641]721 [5648] ante. For the agreement to be capable of taking effect as
an assured shorthold tenancy the rent must exceed the prescribed limits, as to which see Paragraph 705 [5609] ante.
The Rent (Agriculture) Act 1976 s 20 contained a complicated provision in connection with a so-called prohibited requirement,
as to which see Paragraph 626 [5087] ante. There is no similar provision under the Housing Act 1988 and accordingly the parties
are free to negotiate whatever terms they can agree in relation to the payment of rent.
In order to avoid reliance upon the statutory framework for increasing rent under the Housing Act 1988 (see Paragraphs 715
[5641]721 [5648] ante), it is recommended that all tenancy agreements, whether creating an assured agricultural occupancy or
an assured shorthold tenancy, should contain a rent review clause. However, after the expiry of the contractual tenancy the
statutory mechanism provided by the Housing Act 1988 ss 13, 14 will take precedence under the ensuing statutory periodic
tenancy. Prior to the commencement of the Housing Act 1988 s 19A as inserted (see note 4 above) on 28 February 1997, concern
had been expressed that the practice of granting assured shorthold tenancies for a fixed term and thereafter from month to month
in order to continue the effect of a contractual rent review mechanism carried with it the risk that the tenancy was not for a fixed
term and thus not within the requirements of the Housing Act 1988 s 20(1)(a). For tenancies granted on or after 28 February
1997 under the provisions of the Housing Act 1988 s 19A that is no longer a concern. Indeed the parties are now free to grant a
periodic assured shorthold tenancy from the outset containing a contractual review mechanism.
The enactment of the Housing Act 1988 has not amended the Agricultural Wages Act 1948 s 7 (1 Halsburys Statutes (4th Edn)
AGRICULTURE) which provides that a value is fixed at which the occupancy may be reckoned as payment of wages. A letting at
a rent in excess of the value of the premises determined pursuant to ibid s 7 may be valid if it is a separate transaction distinct
from the contract of employment: see Long Eaton Co-operative Society Ltd v Smith [1949] 2 KB 144, [1949] 1 All ER 633, CA.
Where the agricultural worker is a tenant and the rent does not exceed certain limits, a condition is implied in the contract that
the dwelling is fit for occupation and will be so maintained: see the Landlord and Tenant Act 1985 s 9 (23 Halsburys Statutes
(4th Edn) LANDLORD AND TENANT).
[5912]
10
11
12
13
14
as part of the terms of a statutory tenancy. The Housing Act 1988 does not contain any similar provisions and accordingly the
landlord and tenant are free to negotiate terms as to the payment of rent, rates and council tax.
The Rent (Agriculture) Act 1976, Sch 5 imposes certain terms in the case of a statutory tenancy under that Act, but the Housing
Act 1988 does not contain similar provisions. As to the limited number of terms that are implied into any letting under the
Housing Act 1988, see Paragraph 714 [5637] ante. For the basis upon which terms may be varied, see Paragraph 713 [5636]
ante.
Unlike the Rent (Agriculture) Act 1976 s 10, Sch 5 para 5 (as to which see Form 301 note 16 [5313] ante), the Housing Act 1988
does not impose obligations upon the landlord in respect of the provision of services and facilities. The only implied terms in a
letting under the Housing Act 1988 are those referred to in Paragraph 714 [5637] ante.
The Rent (Agriculture) Act 1976 imposes upon a statutory tenant an obligation to use the premises in a tenant-like manner;
seethe Rent (Agriculture) Act 1976 s 10, Sch 5 para 4. The Housing Act 1988 contains no similar provision, but one of the
discretionary grounds for possession (as to which see Paragraph 727 [5668] ante) is that the tenant has allowed the
dwellinghouse or any common parts to deteriorate as a result of acts of waste or neglect or default by him or by another person
residing with him. Accordingly, it is suggested that a provision imposing an obligation upon the tenant to use the premises in a
tenant-like manner is appropriate. The remainder of clause 3.3 [5904] of this form should be considered as is appropriate to the
repairing obligations which the landlord wishes to impose upon his tenant both whilst he is in his employment and thereafter.
[5913]
15
16
17
18
19
20
The Housing Act 1988 s 16 provides that it is to be an implied term of every assured tenancy that the tenant must afford to the
landlord access to the dwellinghouse let on the tenancy and all reasonable facilities for executing in it any repairs the landlord is
entitled to execute.
The Landlord and Tenant Act 1985 s 11 implies into every lease for a term of less than seven years granted on or after 24
October 1961 a covenant by the landlord to keep the structure and exterior of the dwellinghouse in repair. The obligation
imposed upon the landlord has been extended by the Housing Act 1988 s 116 which amends the Landlord and Tenant Act 1985
by introducing a new s 11(1A),(1B): see vol 23 LANDLORD AND TENANT Paragraph 30 [54].
Unlike the Rent (Agriculture) Act 1976 s 10, Sch 5 para 7(1), the Housing Act 1988 does not contain a positive obligation
imposed upon a tenant to use the premises as a private dwellinghouse. However, protection under the Housing Act 1988 will
only continue for so long as the tenant occupies the premises as his only or principal home (see the Housing Act 1988 s 1(1)(b))
and, as a pre-requisite to protection arising under it the Housing Act 1988 s 1(1) requires a letting to be as a separate dwelling.
In the absence of specific provision, it is an implied term of every assured tenancy (and accordingly every assured agricultural
occupancy) that is a periodic tenancy, that the tenant must not assign, sublet or part with possession of the whole or any part of
the dwellinghouse without the consent of the landlord: see the Housing Act 1988 s 15. As to sub-tenancies, see Paragraph 710
[5618] ante. The effect is that there is an absolute bar on assignment as the Housing Act 1988 s 15(2) expressly excludes the
Landlord and Tenant Act 1927 s 19 so that the refusal of consent by the landlord need not be reasonable. However, this implied
term does not apply to fixed term tenancies and accordingly clause 3.4.7 [5906] of this form is an absolute necessity.
Unlike the Rent (Agriculture) Act 1976 where, in the case of a statutory tenancy, there are a number of obligations imposed upon
a landlord (see the Rent (Agriculture) Act 1976 s 10, Sch 5), there are only limited obligations arising from the Housing Act
1988 itself: see Paragraph 714 [5637] ante.
The Landlord and Tenant Act 1985 s 11 implies into every lease for a term of less than seven years granted on or after 24
October 1961 a covenant by the landlord to keep the structure and exterior of the dwellinghouse in repair. It is submitted that it is
sensible to set out the basic provisions of this section in the tenancy agreement so that the tenant fully understands the extent of
the landlords repairing obligation. The clause drafted assumes that the premises do not form part of another building. If they do
form part of another building, the clause must be varied in order to comply with the obligations imposed by the Housing Act
1988 s 116 which amends the Landlord and Tenant Act 1985 by introducing a new s 11(1A),(1B): see vol 23 LANDLORD AND
TENANT Paragraph 30 [54].
[5914]
21
22
23
24
There is no provision in the Housing Act 1988 dealing with the insurance of premises protected by the Housing Act 1988.
However, clearly in a weekly or monthly tenancy it is going to be the landlords responsibility to maintain insurance and for the
sake of clarity there is no reason why the insuring obligation should not be set out in full (perhaps by reference to the details of
the landlords own insurance policy) so that the tenant knows the position precisely. In addition it is submitted that it is in the
interests of both parties for it to be clearly spelt out that the landlords obligation does not extend to the personal belongings of
the tenant.
Unlike the Rent (Agriculture) Act 1976 s 10, Sch 5 para 9, the Housing Act 1988 does not make any provision for the right of
access for a tenant.
Following the enactment of the Insolvency Act 1986 (4 Halsburys Statutes (4th Edn) BANKRUPTCY AND INSOLVENCY) it may
be considered desirable to extend the events giving rise to a landlords right of re-entry. These may be extended as regards the
tenant to:
(1)
the appointment of an interim receiver in respect of the tenants property (see the Insolvency Act 1986 s 286); and
(2)
the making of a bankruptcy order.
[5915]
25
26
27
28
Following the commencement of the Housing Act 1988 s 19A as inserted (see note 4 above) the concerns expressed in the
original note 25 as to the inclusion of Ground 2 and the possibility that it might disqualify the tenancy from being an assured
shorthold tenancy where the premises were mortgaged no longer apply.
See vol 23 LANDLORD AND TENANT Paragraphs 89 [170], 90 [172]. As to why a right of re-entry is necessary under the
Housing Act 1988, see Paragraphs 722 [5656]724A [5651] ante.
There is no specific provision in the Housing Act 1988 Pt I as to the giving of notices. The Law of Property Act 1925 s 196 (37
Halsburys Statutes (4th Edn) REAL PROPERTY) may therefore apply; see the Law of Property Act 1925 s 196(5). It is, however,
sometimes overlooked that under section 196 of that Act a notice sent by post is properly served only if the letter is not returned
through the post undelivered. That could mean that by the time the landlord receives a letter back an entire notice period has
been lost. Section 196 also refers to the ordinary course of post. It is therefore submitted that, if the parties agree that a notice is
to be deemed to have been served the day after it was posted, this clause is appropriate. It should be noted that due service under
the Law of Property Act 1925 s 196 on an individual at his last known place of abode would be effected if the notice was left at
the place nearest to that in which he was last known to have lived to which a member of the public or a postman could go: see
Trustees of Henry Smiths Charity v Kyriakou (1989) 22 HLR 66, CA.
Where the letting is to an agricultural worker in respect of whom the agricultural worker condition is presently or may in the
future be satisfied, the prior service of a notice in the prescribed form is one of the necessary pre-requisites of a letting being an
assured shorthold tenancy: see Paragraphs 734 [5707] 734D [5708.8] ante.
[5916]
28a This alternative form of wording is appropriate only where the agricultural worker condition is not and will not be fulfilled by
the proposed tenant: see note 28 above. It is designed to negative any suggestion that the parties have agreed orally that the
tenancy is to be an assured tenancy: see the Housing Act 1988 Sch 2A, para 3 as inserted by the Housing Act 1996 s 96, Sch 7.
29
The Housing Act 1988 provides the landlord with a choice between two alternatives: (i) an assured tenancy (or an assured
agricultural occupancy) where the rent is freely negotiated, but security of tenure remains (see Paragraphs 706 [5611]732
[5698] ante); and (ii) an assured shorthold tenancy with no security of tenure beyond the term granted, but a right for either party
to seek the registration of an appropriate (as opposed to a fair) rent (see Paragraph 737 [5713], 737A [5714.1] ante). However,
there is no obligation on either party to pursue the registration of a rent in the case of an assured shorthold tenancy and it is
suggested that save for very short term agreements any tenancy agreement under the Housing Act 1988 should contain a rent
review provision. This applies equally to lettings to agricultural workers whose rent may be artificially low whilst employed, but
who on the termination of their employment may remain in occupation protected as an assured agricultural occupant under the
Housing Act 1988. Generally short term or periodic tenancies of residential accommodation have not contained rent review
provisions either because on termination a new rent could be negotiated or because of the operation of the fair rent system under
the Rent (Agriculture) Act 1976 and the Rent Act 1977.
Nonetheless, because under the Housing Act 1988 a landlord may require a rent review procedure it is suggested that one
of three alternative methods may be adopted:
(1)
a rent review procedure akin to those experienced in business tenancies protected by the Landlord and Tenant Act
1954 Pt II carried out, in default of agreement between the parties, by either an arbitrator or an independent valuer
acting as an expert;
(2)
index linking; or
(3)
determination by a referee.
As to rent review procedures used for business tenancies and for index-linked rents, see vol 22 LANDLORD AND TENANT.
See also D N Clarke and J E Adams, Rent Review and Variable Rents (2nd Edn). However, it is submitted that a rent review
provision based on that used for business tenancies would be inappropriate for a tenancy protected by the Housing Act 1988
because of the costs and fees involved. Accordingly, the realistic choice is between indexation and determination by a referee.
The drawback with indexation is that changes in the chosen indices, usually the Retail Price Index, may not directly correlate
with changes in the level of the market rent for the premises. Further, difficulties are encountered when there is a change in the
base state for the Retail Price Index or in the event of the abandonment of the chosen indices. One of the parties may seek to
invoke the doctrine of quasi-frustration to re-write the rent review procedure: see Staffordshire Area Health Authority v South
Staffordshire Waterworks Co [1978] 3 All ER 769, [1978] 1 WLR 1387, CA and Pole Properties Ltd v Feinberg (1981) 259
Estates Gazette 417, CA. Cf Bracknell Development Corpn v Greenlees Lennards Ltd (1981) 260 Estates Gazette 500. It also
needs to be considered whether the tenant should be entitled to activate the rent review procedure, which could lead to a
downward revision in the rent. For rent review provisions by reference to the Retail Prices Index, see Vol 23 LANDLORD AND
TENANT Form 614 [2339]. For rent review provisions for determination by a referee, see Vol 23 LANDLORD AND TENANT Form
617 [2348].
Following the commencement of the Housing Act 1988 s 19A as inserted (see note 4 above), the concerns expressed in
relation to assured shorthold tenancies as to whether a tenancy granted for a fixed term and thereafter on a periodic basis could
satisfy the requirements of the Housing Act 1988 s 20(1)(a) (see Paragraphs 734 [5708], 734A [5708.1] 734D [5708.9] ante) no
longer apply. Indeed, it is now open to the parties to agree the grant of an assured shorthold periodic tenancy from the outset to
which, if it contains a contractual rent review mechanism, the statutory review provisions within the Housing Act 1988 ss 13, 14
will not apply.
[5917]
401.1
Tenants notice proposing that an assured tenancy be replaced by an assured shorthold tenancy 1
[5917.1]
1
This Form is Crown Copyright and is prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) Regulations
1997/194 reg 3(h), Schedule Form 8. A form to substantially the same effect may be used: see the Assured Tenancies and
Agricultural Occupancies (Forms) Regulations 1997 reg 2. For the use and application of this form see Paragraphs 734B.6
[5708.3], 734D [5708.8] ante. Note in particular the need for the landlord to be able to demonstrate service by the tenant of this
notice.
[5917.2]
402
Notice under the Housing Act 1988 section 8 seeking possession of a property let on an assured tenancy or
assured agricultural occupancy1
[5918]
[5919]
[5920]
[5921]
[5922]
This is Form 3 of the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997/194, Schedule, prescribed by
reg 3(c) pursuant to the Housing Act 1988 s 8 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) , and is Crown
Copyright. A form to substantially the same effect may be used: see the Assured Tenancies and Agricultural Occupancies
(Forms) Regulations 1997 reg 2.
A notice in this form, specifying one or more of the grounds contained in the Housing Act 1988, Sch 2, must be served by a
landlord (or at least one of joint landlords) before proceedings for possession of a dwelling house let on an assured agricultural
occupancy are begun: see the Housing Act 1988 s 8, Sch 2 Pt IV para 7 and Paragraphs 723 [5657], 724 [5659], 724A [5661]
ante. Particulars of the ground or grounds relied upon must also be included. For example, if proceedings are to be issued under
Ground 11, it is not enough for the notice merely to state persistent rent arrears, without giving the amount of the arrears and
dates of late payment: see Torridge District Council v Jones (1985) 18 HLR 107, CA; South Buckinghamshire County Council v
Francis [1985] CLY 1900; Marath v MacGillvray [1996] 28 HLR 484, CA. The court may give leave to alter or add to the
grounds specified (see the Housing Act 1988 s 8(2)) and may also dispense with the requirement to give this notice if it considers
it just and equitable to do so (see the Housing Act 1988 s 8(1)(b)).
Note that proceedings must be brought within 12 months from the date of service of the notice, otherwise a new notice
must be served (see the Housing Act 1988 s 8(3)(c)); and that Grounds 1, 2, 57, 9 and 16 (as amended) require at least two
months notice, rather than the minimum period of two weeks mentioned in the Housing Act 1988 s 8(3)(b): see the Housing Act
1988 s 8(4). There is no need for a landlord of an assured agricultural occupant to serve a notice to quit as well as a notice of
intention to bring proceedings: see Paragraph 723 [5657] ante.
The comments within the final paragraph of note 1 to the previous version of this form contained within the original text no
longer apply as now:
(1)
it is submitted that during the intervening period the tenancy will be an assured shorthold tenancy as opposed to an
assured tenancy (see Paragraph 707A [5613.1] ante); and
(2)
the Assured Tenancy and Agricultural Occupancy (Forms) Regulations 1997/194 now only prescribe one form for use
both for assured tenancies and assured agricultural occupancies.
[5923]
403
Form of notice for rent book for assured tenancy or assured agricultural occupancy under which rent is payable
weekly1
(FORM FOR RENT BOOK FOR ASSURED TENANCY OR ASSURED AGRICULTURAL

OCCUPANCY)
IMPORTANT PLEASE READ THIS
If the rent for the premises you occupy as your residence is payable weekly, the landlord must provide you with
a rent book or similar document. If you have an assured tenancy, including an assured shorthold tenancy (see
paragraph 7 below), or an assured agricultural occupancy, the rent book or similar document must contain this
notice, properly filled in.
1. Address of premises
*2. Name and address of landlord
*3. Name and address of agent (if any)
*4 The rent payable [**including council tax] [***and including rates] is per week.
5. Details of accommodation (if any) which the occupier has the right to share with other persons
[5924]
6. The other terms and conditions of the tenancy are
7. If you have an assured tenancy or an assured agricultural occupancy you have certain rights under the Housing Act
1988. These include the right not to be evicted from your home unless your landlord gets a possession order from the
courts. Unless the property is let under an assured shorthold tenancy, the courts can only grant an order on a limited
number of grounds. Further details regarding assured tenancies are set out in the Department of the Environment and
Welsh Office booklet Assured Tenancies no. 19 in the series of housing booklets. These booklets are available from
rent officers, council offices and housing aid centres, some of which also give advice.
8. You may be entitled to get help to pay your rent through the housing benefit scheme. Apply to your local council for
details.
9. It is a criminal offence for your landlord to evict you without an order from the court or to harass you or interfere
with your possessions or use of facilities in order to force you to leave.
10. If you are in any doubt about your legal rights or obligations, particularly if your landlord has asked you to leave,
you should go to a Citizens Advice Bureau, housing aid centre, law centre or solicitor. Help with all or part of the cost
of legal advice from a solicitor may be available under the Legal Aid Scheme.
* These entries must be kept up to date.
** Cross out if council tax is not payable to the landlord.
*** Cross out if rates are not payable to the landlord.
[5925]
1
This Form is prescribed by the Rent Book (Forms of Notice) Regulations 1982/1474 reg 3, Schedule Pt IV as inserted by SI
1988/2198 and amended by SI 1990/1067 and SI 1993/656 and is Crown Copyright. Where a rent book or other similar
document must be provided in pursuance of the Landlord and Tenant Act 1985 s 4 (23 Halsburys Statutes (4th Edn) LANDLORD
AND TENANT), it must contain notice of the name and address of the landlord of the premises in respect of which the rent book
or document is to be used, and, if the premises are a dwellinghouse let on an assured tenancy or an assured agricultural
occupancy within the meaning of the Housing Act 1988 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT), notice of
such matters, in addition to the name and address of the landlord, as may be prescribed: see the Landlord and Tenant Act 1985 s
5(1)(a),(b) as amended by the Housing Act 1988 s 140(1), Sch 17 para 67(1),(2). Such a notice must be in this prescribed form:
see the Landlord and Tenant Act 1985 s 5(2) as amended by the Housing Act 1988 s 140(1), Sch 17 para 67(1), (2). The form as
reproduced here follows the precise wording of the prescribed form, but not the layout and design. As to the information relating
to overcrowding that must be contained in a rent book, see vol 18 (1993 Reissue) HOUSING Paragraph 126 [955], Form 94
[1341]. As to assured tenancies generally, see Paragraph 706 [5611] et seq ante. For a form of notice for a rent book for a
statutory tenancy under the Rent (Agriculture) Act 1976, see Form 303 [5327] ante.
[5926]
404
Notice of intention to grant an assured shorthold tenancy where the tenancy meets the conditions for an assured
agricultural occupancy1
[5927]
[5928]
[5929]
1
This Form is Crown copyright and is prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) Regulations
1997/194 reg 3(i), Schedule Form 9. A form to substantially the same effect may be used: see the Assured Tenancies and
Agricultural Occupancies (Forms) Regulations 1997 reg 2. As to assured shorthold tenancies, see the Housing Act 1988 s 20 (23
Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and see Paragraphs 733 [5706]740 [5717] ante.
Note in particular that whilst the title to the form might suggest that it is only necessary to serve this form where the
requirements for an assured agricultural occupancy are met at the time of grant it is submitted that that does not accord with the
wording of the Housing Act 1988 Sch 2A para 9(1)(a) (as inserted by the Housing Act 1996 Sch 7 s 96) and that if the
agricultural worker condition may be fulfilled at any time during the tenancy (or the statutory periodic tenancy that may arise at
the end of the original term) then a notice in this form should be served: see Paragraph 734C [5708.5].
So that the landlord can prove service at a later date the tenant should be asked to sign and return to the landlord, by way of
acknowledgement of receipt, a copy of the notice bearing words to the effect that he acknowledges receipt of a notice of which
this is a true copy prior to the grant of the assured shorthold tenancy to which it relates.
[5930]
405
Notice seeking possession of a property let on an assured shorthold tenancy1
Housing Act 1988 section 21
Notice Seeking Possession of a Property

Let on an Assured Shorthold Tenancy
Please write clearly in black ink2.

This notice is the first step towards requiring you to give up possession of your home. You should read
it very carefully.
If you need advice about this notice, and what you should do about it, take it as quickly as possible to any one
of the following
a Citizens Advice Bureau,

a housing aid centre,
a law centre,
or a solicitor.
You may be able to get help with all or part of the cost of legal advice and assistance under the Legal Aid
Scheme3.
[5931]
1.
To:
Name(s) of tenant(s)
2.
Your landlord intends to apply to the court for an order requiring you to give up possession of
Address of premises
You can only be required to leave your home if your landlord gets an order for possession 4.
Where the court is satisfied that the letting is an assured shorthold tenancy it must make an order for
possession5.
If you are willing to give up possession of your home without a court order, you should tell the person who
signed this notice as soon as possible and say when you can leave 6.
3.
This notice expires on

19
and court proceedings will not begin until after that date 7.
To be signed by the landlord or his agent (someone acting for him)

[5932]
Signed:
Name(s) of landlord(s)
Address of landlord(s)
Tel:
If signed by agent, name and address of agent:
Tel:
Date:
[5933]
1
19 .
The Housing Act 1988 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) provides for a number of prescribed forms,
but it does not prescribe a form of notice for the determination of an assured shorthold tenancy as provided by ibid s 21. Indeed,
until the amendment made to the Housing Act 1988 s 21 by the Housing Act 1996 s 98, it was not clear whether the notice had to
be in writing. Accordingly, whilst this Form follows the same format as Form 3 in the Assured Tenancies and Agricultural
Occupancies (Forms) Regulations 1997/194, it is not prescribed and any form of written notice stating that the landlord requires
possession by virtue of the Housing Act 1988 s 21 will suffice provided that the expiry date complies with the requirements of
the Housing Act 1988 s 21(1)(b) (fixed term tenancies) or the Housing Act 1988 s 21(4) (periodic tenancies). As to assured
shorthold tenancies generally, see Paragraphs 733 [5706]740 [5717] ante.
The forms prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 require that the notices
be completed in black ink, but this requirement may be omitted from this form.
Note that whilst the Housing Act 1988 s 32 amended the Protection from Eviction Act 1977 s 5 (23 Halsburys Statutes (4th Edn)
LANDLORD AND TENANT) extending the requirements of that section to notices to determine periodic licences, the information
prescribed pursuant to the Protection from Eviction Act 1977 s 5 does not have to be included in a notice seeking possession of
an assured shorthold tenancy: see the Housing Act 1988 s 5(1).
See the Housing Act 1988 s 21 and the Protection from Eviction Act 1977 ss 2, 3. As to security of tenure, see Paragraph 739
[5716] ante.
This paragraph follows the same format as the notices seeking possession of an assured tenancy or an assured agricultural
occupancy as prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997.
Notice may be given under the Housing Act 1988 s 21(1) before or on the termination of the original term: (see the Housing Act
1988 s 21(2)), but cannot expire before the end of a fixed term or, if the tenancy is a periodic tenancy, must expire at the end of a
period and not before the date upon which the tenancy could have been brought to an end by notice to quit served at the same
time (were it not for the fact that notices to quit served by landlords have no application by the Housing Act 1988 s 5(1): see the
Housing Act 1988 s 21(4)(a),(b). The notice must be a minimum of two months duration: see Paragraphs 739 [5716], 739A
[5716.1] ante.
5
6
7
[5934]
406
Notice under the Housing Act 1988 section 6 proposing different terms for a statutory periodic tenancy 1
[5935]
[5936]
[5937]
[5938]
1
1997/194 reg 3(a), Schedule Form 1. A form to substantially the same effect may be used: see the Assured Tenancies and
Agricultural Occupancies (Forms) Regulations 1997 reg 2. As to variation of the terms of statutory periodic tenancies, see the
Housing Act 1988 s 6 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and Paragraph 713 [5636], 713A [5636.1]
ante.
[5939]
407
Application referring a notice under the Housing Act 1988 section 6(2) to a rent assessment committee 1
[5940]
[5941]
[5942]
[5943]
[5944]
[5945]
[5946]
1
1997/194 reg 3(b), Schedule Form 2. A form to substantially the same effect may be used: see the Assured Tenancies and
Agricultural Occupancies (Forms) Regulations 1997 reg 2. As to variation of the terms of statutory periodic tenancies, see the
Housing Act 1988 s 6 (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and Paragraph 713 [5636], 713A [5636.1]
ante.
[5947]
408
Notice under the Housing Act 1988 section 13 by landlord proposing a new rent under an assured periodic
tenancy1
[5948]
[5949]
[5950]
[5951]
1
1997/194 reg 3(d), Schedule Form 4. A form to substantially the same effect may be used: see the Assured Tenancies and
Agricultural Occupancies (Forms) Regulations 1997 reg 2. As to increases in rent under assured periodic tenancies, see
Paragraphs 715 [5641]721 [5648] ante.
[5952]
409
Application under the Housing Act 1988 section 13(4) referring a notice proposing a new rent under an assured
periodic tenancy to a rent assessment committee 1
[5953]
[5954]
[5955]
[5956]
[5957]
[5958]
[5959]
1
1997/194 reg 3(e), Schedule Form 5. A form to substantially the same effect may be used: see the Assured Tenancies and
Agricultural Occupancies (Forms) Regulations 1997 reg 2. As to the referral of rent increases to the rent assessment committee,
see the Housing Act 1988 s 13(4) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and Paragraph 718 [5644] ante.
[5960][5961]
410
Application to a rent assessment committee under the Housing Act 1988 section 22(1) for determination of a rent
under an assured shorthold tenancy1
[5962]
[5963]
[5964]
[5965]
[5966]
[5967]
[5968]
[5969]
1
1997/194 reg 3(f), Schedule Form 6. A form to substantially the same effect may be used: see the Assured Tenancies and
Agricultural Occupancies (Forms) Regulations 1997 reg 2. As to rent control under assured shorthold tenancies, see the Housing
Act 1988 s 22(1) (23 Halsburys Statutes (4th Edn) LANDLORD AND TENANT) and as to tenancies taken within the Housing Act
1988 s 19A see Paragraph 737A [5714.1] ante.
[5970]
411
Notice by rent assessment committee requiring further information 1
[5971]
[5972]
1
1997/194 reg 3(g), Schedule Form 7. A form to substantially the same effect may be used: see the Assured Tenancies and
Agricultural Occupancies (Forms) Regulations 1997 reg 2. See the Housing Act 1988 ss 41(2), 41A (as inserted by the Local
Government Finance (Housing) (Consequential Amendments) Order 1993/651 art 2(1), Sch 1 para 18) (23 Halsburys Statutes
(4th Edn) LANDLORD AND TENANT).
[5973]
412
Specified information on rents of assured tenancies and assured agricultural occupancies 1
SPECIFIED INFORMATION
1.
Address of premises.
2.
Description of premises.
3.
Names and addresses of landlord and tenant.
4.
If granted for a term, date of commencement of the tenancy and length of term.
5.
The rental period.
6.
Allocation between landlord and tenant of liabilities for repairs.
7.
[5974]
8.
Whether any rates are borne by the landlord or a superior landlord.
9.
Details of furniture provided by the landlord or a superior landlord.
10.
Any other terms of the tenancy or notice relating to the tenancy taken into consideration in determining the
rent.
11.
The rent determined, the date it was determined and the amount (if any) of the rent which, in the opinion of
the committee, is fairly attributable to the provision of services, except where that amount is in their opinion
negligible, or, in a case where the committee are precluded from making a determination by section 22(3) of
the Housing Act 1988, the rent currently payable under the assured shorthold tenancy and whether the
committee are so precluded by paragraph (a) or paragraph (b) of that subsection.
Details of services provided by the landlord or a superior landlord.
This Form is Crown copyright and is prescribed by the Assured Tenancies and Agricultural Occupancies (Rent Information)
Order 1988/2199 as amended by SI 1990/1474 and SI 1993/657. This information must be made available free of charge, during
office hours, by the president of each rent assessment panel: see the Housing Act 1988 s 42 (23 Halsburys Statutes (4th Edn)
[5975]-[7000]

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AGRICULTURAL TENANCIES

PART 1: AGRICULTURAL BUSINESS TENANCIES

B: STATUTORY REQUIREMENTS AND MEANING OF TERMS

Meaning of farm business tenancy

3: THE BUSINESS CONDITIONS

Meaning of the business conditions

4: THE NOTICE CONDITIONS

23 Exception to the notice conditions in the case of surrender and regrant

C: TENANTS FIXTURES AND BUILDINGS

E: TERMINATION OF FARM BUSINESS TENANCIES

Fixed term tenancies of more than two years

3: OPTIONS TO TERMINATE OR RESUME POSSESSION OF PART

F: COMPENSATION PAYABLE TO TENANT FOR IMPROVEMENTS

(a) Improvements other than planning permission or routine improvements

94 Conditions relating to compensation for tenants improvements

(b) Planning permission and routine improvements

H: DRAFTING TENANCY AGREEMENTS

(B) Forms and Precedents

B: FARM BUSINESS TENANCY AGREEMENTS

Farm business tenancy (long formmore than two years)

C: AGREEMENTS THAT ARE NOT TO BE FARM BUSINESS TENANCIES

D: THE NOTICE CONDITIONS

10 Notice to landlord or tenant of farm business tenancy

F: TERMINATION OF FARM BUSINESS TENANCIES

(2) AGRICULTURAL HOLDINGS

C: SHORT TERM TENANCIES AND LICENCES

313Licences relating to farming partnerships

D: FORM AND TERMS OF TENANCY

(a) Meaning of terms

(b) Referring terms to arbitration

(c) Removal of fixtures

(d) Provision of fixed equipment by landlord

(b) Increases in rent for landlords improvements

(c) Reduction in rent

E: LETTINGS CONFERRING NO SECURITY OF TENURE

(a) Notices to quit

(b) Tenants counter-notice

(b) The Cases

(a) Right of succession

(b) Exclusion of right of succession on death

(a) The application

(b) Exclusion of the right of succession on retirement

(c) Procedure after application

G: COMPENSATION PAYABLE TO TENANT

420Termination in pursuance of an early resumption clause

(b) Long-term improvements made with consent of landlord

(c) Long-term improvements made with consent of landlord or approval of tribunal

(d) Short-term improvements

(a) Entitlement to compensation

(b) Direction that holding is to be treated as a market garden

452Tenants entitlement to claim

H: COMPENSATION PAYABLE TO LANDLORD

I: PROCEDURES FOR SETTLEMENT OF CLAIMS

(B) Forms and Precedents

B: MATTERS ARISING DURING TENANCY

E: AGRICULTURAL LAND TRIBUNAL

F: IMPROVEMENTS AND COMPENSATION CLAIMS

PART 2: AGRICULTURAL RESIDENTIAL TENANCIES

601The application of the Rent (Agriculture) Act 1976

(b) Statutory tenancy by succession

(c) Terms of a statutory tenancy

(d) Rent under a statutory tenancy

(c) Cases IIIX

D: REHOUSING BY THE LOCAL AUTHORITY