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 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.
NB: for notices served on or after 29 August 2020 until 31 May 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