An agricultural holding is the land comprised in a tenancy of agricultural land or property, to be used wholly or mainly for agricultural purposes. The property may include, farm cottages, market gardens and small holdings as well as agricultural land, farms and farm buildings.
There are two main types of agricultural tenancy: tenancies subject to the old Agricultural Holdings Act 1986 regime (generally referred to as ‘agricultural holdings’ and those subject to the new Agricultural Tenancies Act 1995 regime (farm business tenancies). Broadly speaking, those tenancies beginning before September 1995 will be governed by the Agricultural Holdings Act 1986, and those beginning in or after that month will usually be governed by the Agricultural Tenancies Act 1995, though there are exceptions. It is critical to know which regime (if either) applies because the rules governing issues such as repairs, compensation, succession, rent review, security of tenure and termination differ between the two. The text covers in detail all aspects of these tenancies under both regimes.
The book offers a comprehensive and authoritative discussion of legal principles relating to agricultural tenancies with examples as to how the principles apply in practice, using relevant case law and secondary materials. The commentary in the text is supported by appendices including the relevant statutes, statutory instruments and specimen forms (or references to interactive forms available on the website. Importantly, the appendices also contain many procedural tables, which take the reader through the steps required in a variety of statutory procedures and applications.
Key features:
- A definitive work with a strong established reputation – it has been a leading authority since it first published in 1912
- Deals separately with the two statutory regimes governing agricultural tenancies – the Agricultural Tenancies Act 1995 and the Agricultural Holdings Act 1986 – and explains which applies
- The principles and case law under both Acts come under analysis, explaining the different types of tenancy and the rules applying to each
- Deals with such matters as tenancy creation, rent review, repairs and maintenance, removal of fixtures, security of tenure, succession and termination
- Explains the contractual and statutory obligations and rights of both landlord and tenant
- Addresses the key practical issues confronting a landlord or tenant, such as whether fixtures can be removed, whether compensation is available when a tenancy is terminated, how rent is to be reviewed and what happens on death or retirement
- Procedural tables included will help ensure the correct procedures are followed and meet the appropriate deadlines in relation to termination, succession, compensation, and variation of rent
- Guidance on effective service of notices under each Act
