Flashcards in Agricultural Holdings Act Deck (25)
When was the Agricultural Holdings Act
Define Agricultural Holding
Section 1 AHA 1986
the aggregate of land (whether agricultural or not) comprised in a contract of tenancy which is a contract for an agricultural tenancy not being a contract under which land is let to the Tenant during his continuance in any office, appointment or employment held under the Landlord
Definition of Agricultural Land
S.109 Agricultural Act 1947
Definition of Agriculture
Horticulture, fruit and seed growing, diary farming, livestock breeding and keeping and land used in connection with grazing, meadow land, osier land, market gardens, nurseries, woodland ancillary to farming or agricultural purposes
Date commencing succession tenancies
1st July 1974
on all tenancies began after this date and which had a term of 2 years or more
Date on which succession tenancies were no longer granted
12 July 1986
short term agreements under the act
Gladstone V Bower Agreements were of upto 18 months and did not comply with the 1986 act.
Tenancies which were exempt from AHA protection
grazing licences, ministry consent tenancies, sub-tenancies, express statutory exceptions (section 2)
How is security of tenure afforded to AHA tenants
s.2 and 3 of the AHA restrict the instances on which a Landlord can serve a Notice to Quit on the Tenant.
General Notices to Quit
General Notices to Quit can be served at any point giving a 12 month notice period s.27
Tenants are able to serve counter notices refering the matter to the First Tier Tribunal s.26
At tribunal Landlord's must present evidence and prove why they want tenants out, they must appear reasonable in their requests.
Notices to Quit using the Cases
Under Schedule 3 of the AHA there are 8 notices to Quit
Case A - Council Tenants which are more than 65
Case B - Non-agricultural use
Case C -Certificate of bad husbandry
Case D - Non compliance with a Notice to Pay or a Notice to Remedy
Case E - Irredemiable breach of the tenancy
Case F - Financial difficulties - Bankrupt tenant
Case G - Tenant's death
What must a valid Notice to Quit Have?
Must be in writing
Must comply with the tenancy agreements contractual requirements
Must comply with statutory requirements
Notices to Quit Part
Allowed under s.31 - generally used for Case B
Sources of Dispute Resolution
arbitration Demands following a Notice to Quit
Where Tenant's contest a Notice to Quit Landlords must apply to the First Tier Tribunal within one month to demand to go to arbitration if they receive a Notice to Quit under cases A-E
Notices to Quit disputes for Cases C, F, G or H
Must go to Court, cannot dispute reason only validity of notice
Tenants may give the tenancy up with the Landlord's consent at any time. Either expressly by deed, impliedly or through operational law.
Dilapidations / Tenant Improvement Claims following a Surrender
Covered under s.3 AHA
Tenancies must have a valid forfeiture clause, LAndlords proceed with forfeiture and sue for damages and breach of covenants. Must give Tenants a month notice and accept the requirement to pay compensation for improvements and fixtures as negotiated. Must comply with s.146 Law of Property Act 1925
Case law requiring clear and unambiguous notices, with clear intentions
Mannai Investment Co Ltd V Eagle Star Life Assurance Co Ltd.
Enlargement of a notice to quit part
s.32 allows Tenants on receipt of a notice to quit part can serve a counter notice within 28days to enlarge the notice to cover the whole property. Disturbance is payable under s.63.
Rent Variation following notice to quit part
S.33, doesn't impact overall 3 year cycle. Must be proportionate to the land lost and must account for depreciation in value of the remaining holding.
Landlord Dilapidation Claim on the tenancies termination
s.71 - compensation for dilapidation, deterioration and damage or nonfulfilment of a tenancy clause under the rules of good husbandry .11 1947Agriculture Act. Compensation payabel is cost of making good damage, but this cannot exceed the amount of the Landlord's diminished reversionary value for the holding.
Where can the rules of good husbandry be found
s.11 1947 Agriculture Act