What do agricultural landlords and workers need to know about the Renters’ Rights Act?

The Renters Rights Act 2025 (RRA) - described as the biggest shake-up to the rental market in 40 years - received Royal Assent on 27 October 2025. Whilst we await the exact implementation date from the Government, it is worth becoming familiar with the changes imposed by the RRA (which will affect both new and existing tenancies), and how they affect agricultural landlords and workers.

In summary:

• Section 24 opt-out notices are required for assured agricultural occupiers – this will replace the current Form 9 notice. This will be in a prescribed form, which is yet to be released.
• Valid Form 9 notices already served will protect existing tenancies – further notices are not required when the RRA is implemented.
• For tenancies where the landlord has not opted out, a statutory periodic tenancy will arise (but not an assured periodic tenancy), and the occupier will have significantly enhanced protection.
• For opted-out tenancies only, the tenancy will be an assured tenancy, governed by the RRA. The RRA abolishes Section 21 Notices, so possession can only be obtained by relying on specific grounds set out in the RRA.
• Alongside other grounds for possession, the RRA provides that landlords who need to house agricultural workers, landlords of opted-out agricultural workers and landlords of tenants whose tenancy was originally a subtenancy to a superior agricultural tenancy (Farm Business tenancy or Agricultural Holdings Act 1985 tenancy) can regain possession by serving a notice relying on the following:

The above are all mandatory grounds, which means that if the ground is established, the Court must grant an Order for Possession. When properties are let to agricultural workers these grounds are only available if the tenancy is opted out.

It should be noted that tenants under Agricultural Tenancy Act 1986 or Agricultural Holdings Act 1995 are unaffected by the proposed changes by the RRA.

A reminder about Opt-out Notices

• It is a common arrangement for agricultural workers to occupy a house as part of their employment. In order to qualify, the worker must be employed in agriculture for 91 weeks of the last 104, work 35 hours or more a week, and occupy accommodation owned or arranged by the landlord farmer.
• If that criteria is met the worker will have an assured agricultural occupancy (“AAO”) which grants the occupier enhanced rights. This will not be the case, however, if the landlord serves a written notice on the occupier confirming the tenancy will be (what is currently) an assured shorthold tenancy prior to the grant of the tenancy. Once the RRA is implemented, this will be an assured tenancy.
• An AAO still exists under the RRA. However, landlords will need to serve an opt-out notice under Section 24A of the RRA before the tenancy is entered into. This is a prescribed notice confirming that the tenancy is not to be an AAO.
• Failure to serve this notice will result in a statutory tenancy arising under either the Housing Act 1988 (if occupation began on or after 15 January 1989) or under the Rent (Agriculture Act) 1976 (if occupation commences before 15 January 1989). In either case, the occupier will benefit from enhanced protection, and obtaining possession is more challenging for landlords.

Obtaining possession under the RRA

• If a valid Section 24 opt-out notice is served under the RRA, the tenancy will be caught by the provisions of the RRA. As the RRA abolishes assured shorthold tenancies and Section 21 notices, the tenancy will be an assured tenancy with no fixed termination date and can only come to an end if the tenant gives notice, or the landlord is able to serve a notice based on one of the grounds set out above.
• Landlords can also regain possession if the property is needed either to house them or close family members, or if the property is to be sold, providing the tenant is afforded the correct notice.

How can we help?

If you need any assistance in relation to residential property let to agricultural workers our Real Estate Disputes team here at Charles Russell Speechlys, would be happy to help. Please contact Emma Preece to discuss how we might be able to help you.

Field Notes is Charles Russell Speechlys’ weekly agricultural law blog, sharing plain-English insight into the legal and policy issues affecting agriculture, agricultural land and rural business life. From hints and tips on avoiding agricultural disputes, pitfalls to keep an eye out when planning for tenancy or family agri-business succession, to the latest agricultural legislative or policy changes and the most interesting farm-related court decisions, Field Notes makes the complex more understandable, always grounded in the realities of life on (and off) the land.

Field Notes comes out every Wednesday. Previous editions of Field Notes include:

• Maile v Maile – Assurances and Detriment Under the Microscope in Family Farm Claims
• Family farm and the family firm: When sibling rivalry becomes unfair prejudice
• Fireworks, livestock, and liability: what risks and duties do farmers and event organisers need to be aware of?
• Old Michaelmas: Where Folklore Meets Fields, Fairs and Fine Print
• Planting Trees Today for Tomorrow’s Farms: New guidance, what a "Mast Year" is and why that matters in 2025