Agricultural Tenancies Act Flashcards Preview

Rural APC Pathway 2019 > Agricultural Tenancies Act > Flashcards

Flashcards in Agricultural Tenancies Act Deck (15)
Loading flashcards...

When did the Agricultural Tenancies Act take effect?

1st September 1995


What conditions must Farm business tenancies comply with prior to the tenancy commencing?

S.1(3) ATA 1995

Business Conditions

And either

Agricultural conditions or notice conditions


Which sections of the Act govern Notices to Quit

Section 5 - fixed term
Section 6 - annually renewing
Section 7 - part resumption

Notices - section 36


Which sections governs rent reviews?

Section 10 provides the mchanism

Section 13 details how Arbitrators should determine rent


How are repairing obligations governed?

Freedom of contract unless opted in to the Agricultural (model Clauses for fixed equipmet)(England) regulations 2015


What is the maximum term for a tenancy which automatically ends on the term date?

3 years


How long must a tenancy be befor it must be registered on the land registry

More than 7 years


Requirements for a notice to quit to be valid

Section 1(6)
In writing
Identify correct term date
Give 12 months notice minimum


Tenants right to remove fixtures

Any fixture which they have installed or building they have erected.


When can't a Tenant remove a fixture?

If they were obligated to provide the item
If the item replaces a landlords fixture
If the Tenant has been compensated under s.16
If the landlord has given consent for the building on the condition it isn't removed


Rent reviews sections

Part 2 s.9-15


Rent review notice

Section 10
In writing
More than 12 and less than 24 months notice
S.12 allows an arbitration application if no decision is reached 6 months prior to new rent date


Rent properly payable

The rent at which the holding might reasonably be expected to be let on the open market between a willing landlord and a willing tenant taking into account all relevant factors including the terms of the tenancy


Arbitrator disregards for rent determination

Tenants improvements
The fact the tenant is in occupation
Tenants dilapidations


Define a Tenants improvement s.15

Any physical improvement made to the holding by the tenant own efforts or expense or any intangible advantage obtained by the tenant for the holding at their own effort or expense which remains fixed to the holding