Guide to Periods of Notice to Terminate Occupation - Agricultural Property

This note has been prepared on the basis of the “usual” notice periods and not the periods as varied by The Coronavirus Act 2020 or any other legislation as a result of the coronavirus pandemic. For amended notice periods during the coronavirus pandemic relating to some agricultural and residential tenancies (marked with a *), please see the separate sub-headings below.

Basis of occupation	Notice period
Agricultural property
Agricultural holdings under the Agricultural Holdings Act 1986	Usually a minimum period of 12 months from the end of the current year of the tenancy with exceptions and subject to fulfilling statutory criteria
Farm Business Tenancy under the Agricultural Tenancies Act 1995 – fixed term of 2 years or less	Tenancy will expire automatically by effluxion of time – no Notice of termination is required
Farm Business Tenancy under the Agricultural Tenancies Act 1995 – term in excess of 2 years, or an annual periodic (in excess of one year)	12 months to expire at the end of the fixed term or not less than one year’s notice expiring on the anniversary of the end of the first year (if an annual periodic)
Farm Business Tenancy under the Agricultural Tenancies Act 1995 – rolling periodic of less than a year	Notice must be at least equal to a period of the tenancy (e.g. a month’s notice to end a monthly tenancy and a quarter’s notice to end a quarterly tenancy), to expire on the last day of a period of the tenancy.
Agricultural “protected” occupancies	Contractual tenancy can be brought to an end by the ordinary contractual methods (e.g. notice to quit, forfeiture, expiration of fixed term) which converts the tenancy to a statutory tenancy and the tenant retains security of tenure. A contractual tenancy can also be converted into a Rent Act “statutory tenancy” by serving a Notice of Increase of Rent under Section 16 of the Rent (Agriculture) Act 1976
Agricultural “statutory” occupancies	None required but subject to proving statutory ground for possession
Assured agricultural occupancies*	Ground 14 – proceedings not to be started earlier than service of the notice. No notice period. Grounds 1, 2, 5, 6, 7, 9, 16 – 2 months Ground 7A – 1 month Any other ground – 2 weeks NB: for notices served on or after 29 August 2020 until 31 May 2021 the usual notice periods were amended as follows: Grounds 1 to 6, 9, 12, 13, 15 and/or 16 – at least 6 months’ notice Grounds 8, 10 and/or 11 where less than 6 months’ rent is in arrears – at least 6 months’ notice Grounds 8, 10 and/or 11 where more than 6 months’ rent is in arrears – at least 4 weeks’ notice Grounds 7 and/or 7B – at least 3 months’ notice Grounds 14A, 14ZA and/or 17 – at least 2 weeks’ notice Ground 7A – at least one months’ notice (and within a specified period set out in Ground 7A of the conviction upon which the landlord relies) Ground 14 – proceedings not to be started earlier than service of the notice. No notice period. NB: for notices served on or after 1 June 2021 until 30 September 2021 the usual notice periods were amended as follows: Grounds 1 to 6, 9, 12, 13, 15 and/or 16 – at least 4 months’ notice If notice is served between 1 June and 31 July 2021 and Grounds 8, 10 and/or 11 are relied upon with no other ground and where less than 4 months’ rent is in arrears – at least 4 months’ notice If notice is served between 1 August and 30 September 2021 and Grounds 8, 10 and/or 11 are relied upon with no other ground and where less than 4 months’ rent is in arrears – at least 2 months’ notice Grounds 8, 10 and/or 11 where more than 4 months’ rent is in arrears – at least 4 weeks’ notice Ground 7 – at least 2 months’ notice Grounds 7B, 14A, 14ZA and/or 17 – at least 2 weeks’ notice Ground 7A – at least one months’ notice (and within a specified period set out in Ground 7A of the conviction upon which the landlord relies) Ground 14 – proceedings not to be started earlier than service of the notice. No notice period. From 1 October 2021, these revert to the “usual” notice periods.