Agricultural Tenancies Act 1995
The Agricultural Tenancies Act 1995 (ATA 1995) introduced farm business tenancies to replace the old-style agricultural holding (under the Agricultural Holdings Act 1986 (AHA 1986).
The regimes applied by AHA 1986 and ATA 1995 are mutually exclusive, so it is imperative to identify correctly which form of tenancy is in issue. Moreover, if the tenancy is a farm business tenancy it cannot be a tenancy which is protected under the Part II of the Landlord and Tenant Act 1954 (LTA 1954).
A tenancy of agricultural land created on or after 1 September 1995 will be a farm business tenancy if it meets:
- the ‘Business Conditions’ and either
- the ‘Notice Conditions’ or
- the ‘Agriculture Condition’
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The Business Conditions
All or part of the land must at all times during the tenancy be farmed for trade or business (not necessarily an agricultural trade or business).
The Notice Conditions
Before the tenancy begins, the proposed landlord and tenant must exchange notices saying that the tenancy is to ‘be and remain’ a farm business tenancy and that its character will at first be primarily and wholly agricultural.
The Agriculture Condition
At the relevant time (not necessarily at the beginning of the tenancy) the tenancy must be primarily or wholly agricultural.
Some types of tenancy can fall within ATA 1995 even if the land is not used for what might normally be considered ‘agriculture’.
The passionate and friendly team at Blackstone Solicitors is here to guide you through what can be a complex and demanding process. Getting in touch to discuss your situation could not be easier. Simply call us on 0345 901 0445 or fill in our online contact form to allow us to get back to you at your earliest convenience.
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