Agricultural Holdings Act 1986 Flashcards
(23 cards)
Schedule which cases for termination of the tenancy are provided
Schedule 3 = Cases where consent of tribunal to operation of notice to quit is not required
and there is no power for a tenant to serve a counter notice
Requirements for a valid notice to quit
a) Valid at Common Law
b) must comply with any further contractual requirements contained in the tenancy agreement, and;
c) it must comply with all relevant statutory requirements
clear and unambiguous
Generally a notice to quit is subject to?
the ability of the tenant to serve a counter notice on the landlord in writing under the provisions stated in s26(1).
Such a counter notice must be served within 1 month of service of the notice to quit
The 1 month requirement is rigid and inflexible - with no powers to extend
Section 27 (3)
Contains the reasons/limited grounds for which a notice to quit may be served.
Under these grounds the tenant may serve a counter-notice.
Power of counter-notices if served in response to notice to quit given under reasons stated in s27(1)
The counter-notice, if served within the correct time frame, within 1 month after the receipt of the notice to quit and is appropriate, then it renders the NTQ ineffective - unless the ALT consents to the operation of the NTQ
Time limit for contacting the ALT for consent to the operation of a valid NTQ served on one of the limited grounds specified in s27(1)
1 month - being the day of the calendar month - irrespective of no. days/leap years etc.
The application to the ALT must be made in the prescribed form
Unlike time limit for counter-notice, there is caveat of if the chairman of the ALT consents to an extension of time to make application it may still be valid - therefore non-statutory unlike C-N time limit
s27 (3) Ground (a)
Good Husbandry
‘…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 notices related, treated as a separate unit’
s27 (3) Ground (b)
Sound estate management
‘…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 the land constitutes’
s27 (3) Ground (c)
Agricultural research etc. or smallholdings
s27 (3) Ground (d)
Allotments - a purpose desirable to enactments relating to allotments
s27 (3) Ground (e)
Great Hardship - would be caused if consent for NTQ was withheld
s27 (3) Ground (f)
Non-agricultural use
Not falling within Case B
Case A
Retirement: Statutory smallholdings
Case B
Planning consent: non-ag use
Case C
Certificate of bad husbandry
Case D
non-compliance with a notice to pay rent or a notice to remedy
Case E
irremediable breach
Case F
insolvency
Case G
Death of Tenant
Case H
Ministry amalgamations
4 Succession Tests
- CLOSE relative
- SUITABLE by virtue of training, experience, financial standing, age and physical health to run the holding.
- PRINCIPLE SOURCE OF LIVELIHOOD from farm work on the holding or bigger unit of which the holding forms part
- COMMERCIAL UNIT TEST not in occupation of another commercial ag unit (as defined)
Types of succession and where set out under the act.
- Succession on DEATH is set out in ss 35-48 and Schedule 6 AHA 1986.
- Succession on RETIREMENT is set out in ss. 49-58 and Schedule 6 of AHA 1986.
Definition of unit of ag land
= capable when farmed under competent management of producing a Net Annual Income not less than the aggregate of the average annual earning of two full-time, male ag workers.
