Flashcards in Agricultural Tenancies Act Deck (15)
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
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?
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
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
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
The fact the tenant is in occupation