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Termination of Tenancies

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 March 2021 (this period could be extended or altered) the usual notice periods have been 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.

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