Agricultural Holding in UK Law

Leading Cases
  • Cowan v Wrayford
    • Court of Appeal
    • 16 Octubre 1953

    In order that a notice to quit an agricultural holding should be good, it must be clear and unambiguous: and for that purpose it must eitherbe a simple notice without stating reasons at all, in which case it will operate under section 24, sub-section 1; or it must be a notice stating reasons as prescribed by sub-section 2, in which case it will operate under sub-section 2. In order that a notice to quit an agricultural holding should be good, it must be clear and unambiguous: and for that purpose it must eitherbe a simple notice without stating reasons at all, in which case it will operate under section 24, sub-section 1; or it must be a notice stating reasons as prescribed by sub-section 2, in which case it will operate under sub-section 2.

  • Johnson v Moreton
    • House of Lords
    • 27 Julio 1978

    If any clause such as clause 27 was valid landlords might well insist upon a similar clause being introduced into every lease; and prospective tenants, having no money with which to buy the land they wanted to farm, would, in reality, have had little choice but to agree. Accordingly if clause 27 is enforceable the security of tenure which Parliament clearly intended to confer, and did confer upon tenant farmers for the public good would have become a dead letter.

  • Elsden v Pick
    • Court of Appeal (Civil Division)
    • 28 Marzo 1980

    Thus the time for the ending of a tenancy is a matter of common interest both to a landlord and to his tenant. It may suit them both to determine a tenancy without waiting for what may be as long as nearly two years to bring it to an end. No statute could have so absurd an intention as to constrain a landlord and a tenant of an agricultural holding to remain bound in that relationship at a time when neither desires that it should endure.

  • Bernays v Prosser
    • Court of Appeal
    • 26 Marzo 1963

    It has been hold by this Court that there is a lamentable gap in the statute, A tenant of an agricultural holding for a fixed period betwoen one and two years is not entitled to the protection of the Act at all. He has to go out of his holding at the end of his terra without any protection, (See Gladstone v. Bower, 1960, 2 queen's Bench, p. 384). The gap has not been closed by Parliament even to this day, although we are told there is an agricultural Bill before Parliament at the moment.

  • Featherstone v Staples
    • Court of Appeal (Civil Division)
    • 12 Marzo 1986

    I am driven to the conclusion that, if a land owner chooses to grant other persons a tenancy of agricultural land (whether or not including himself as a tenant), public policy (affirmatively) requires that those other tenants should have authority, or be treated as having authority, to serve an effective counter-notice under section 2(1) of the 1977 Act on behalf of all the tenants without his concurrence, and thus (negatively) requires the avoidance of any contractual condition, whether express or implied and whether contained in the tenancy agreement itself or in a partnership agreement or elsewhere, which purports to deny those other tenants such authority.

  • Gladstone v Bower
    • Court of Appeal
    • 27 Julio 1960

    If it were ever permissible for the Court to repair a defective Act of Parliament I should be very glad to do so in this case so far as it can. The Court would always allow the intention of a Statute to override the defects of wording but their ability to do so is limited by the recognised canons of interpretation. But here for the reasons given by the learned Judge there is no alternative construction it is simply a case of something being overlooked.

  • Ministry of Agriculture, Fisheries and Food v Jenkins
    • Court of Appeal
    • 12 Marzo 1963

    Looking at the whole of the Town and Country Planning Act, 1947, I am satisfied that the Crown does not need to got planning permission in respect of its own interest in Crown lands. The reason it is exempt is, not by virtue of any provision in the Act itself, but by reason of the general principle that the Crown is not bound by an Act unless it is expressly or impliedly included.

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Legislation
  • Agriculture Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... An Act to authorise expenditure for certain agricultural and other purposes; to make provision about direct payments following the ... (m) (m) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing ......
  • Agriculture Act 1958
    • UK Non-devolved
    • 1 de Enero de 1958
    ...... An Act to amend the Agriculture Act, 1947, the Agricultural Holdings Act, 1948, the Agriculture (Scotland) Act, 1948, and the ... (Scotland) Act, 1949; to require the landlord of an agricultural holding in certain cases to provide, repair or alter fixed equipment on the ......
  • Land Reform (Scotland) Act 2016
    • Scotland
    • 1 de Enero de 2016
    ...... provision about access rights to land; to amend the law on agricultural holdings to provide for new forms of agricultural tenancy, to remove the ... . (4) While holding appointment as acting Tenant Farming Commissioner, a person is to be ......
  • Agriculture (Miscellaneous Provisions) Act 1976
    • UK Non-devolved
    • 1 de Enero de 1976
    ...... the amount which may be advanced under section 2 of the Agricultural Mortgage Corporation Act 1956; to amend the provisions of Part I of the ...as respects the agricultural holding to which the. notice relates and of sound management of the. estate of ......
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Books & Journal Articles
  • Agricultural practices in a drought-prone region of India: opportunities for S&T innovations
    • Nbr. 16-4, October 2019
    • World Journal of Science, Technology and Sustainable Development
    • 208-226
    Purpose: The purpose of this paper is to assess the agricultural practices in a drought-prone region of India in an effort to find out how science, technology and innovation (STI) measures can addr...
    ......This study has been planned with two specific objectives: tostudy the agricultural practices of small and marginal-holding farmers in a drought-prone region and toexamine the opportunities for suitable interventions to mitigate the impacts of droughts. The study is ......
  • Making social science research applicable: The case of agricultural extension research in Egypt
    • Nbr. 14-4, November 2006
    • Public Administration and Development
    One problem in the management of agricultural research is the integration of research and extension. The links between research and extension are tenuous for many reasons, including institutional a...
    ...... offers some suggestions for overcoming such barriers, includ- ing involving extension in the design of research projects and holding seminars on research results after projects are completed; changing the incentives for researchers to do more applied research; and ......
  • Between 'Land Grabs' and Agricultural Investment: Land Rent Contracts with Foreign Investors and Ethiopia's Normative Setting in Focus
    • Nbr. 5-2, July 2011
    • Mizan Law Review
    • Elias N. Stebek
    • (LL.B, LL.M, PhD. Candidate), Asst. Professor; Dean, School of Graduate Studies, St. Mary's University College
    • 175-214
    This article examines whether the land rent contracts and the Ethiopian legal framework on rural land use rights can assure win-win mutual benefits expected from large-scale land transfers to forei...
    ...... transfers are made without prior mapping and demarcation of protected forests and wildlife, and where registration and the issuance of land-holding certificates to smallholder farmers and pastoralists have not yet been made. The article suggests the need to rectify the gaps in the land transfer ......
  • Green revolution as a planned intervention strategy for agricultural development: A systems perspective
    • Nbr. 5-1, January 1985
    • Public Administration and Development
    The green revolution was a planned intervention expected to raise cereal‐grain production in Third World countries. Use of high yield varieties (HYVs) was to reduce dependence on food imports and b...
    ...... Largely unable to reform existing government institutions and land-holding patterns which restricted small farmer HYV programme participation, programme managers designed alternative structures to ......
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Law Firm Commentaries
  • A Guide To The Agricultural Holdings Act
    • Mondaq UK
    ...... various other uses, but the use must be commercial in nature (so grazing land for privately owned horses will not constitute an agricultural holding, whereas grazing land let to a riding school will). Rent reviews under AHA tenancies are dealt with by the Act. Why?. Legislation on ......
  • Old Or New? Which Address Should Be Used For Service Of Notices?
    • Mondaq UK
    ...... The main issue in this appeal was whether notice to quit an agricultural holding was validly served on the tenant, Mr Terence Grimes, by his ......
  • The Case For Terminating An AHA Tenancy
    • Mondaq UK
    ...One of the reasons for the introduction of the Agricultural Tenancies Act 1995 ("the 1995 Act") was to counter some of the more ... Only a lease of an "agricultural holding" of land and/or buildings for agricultural use qualifies as an AHA ......
  • 129: Notice To Quit: A Commercial Approach
    • Mondaq UK
    ...... been asked to decide whether a notice to quit served on an agricultural tenant was valid. The notice had been served on the tenant's address ... FACTS. The claimant farmed a large agricultural holding with his father for a number of years under successive tenancy agreements. ......
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Forms
  • Chapter IHTM24220
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... . S1(1) of the 1986 Act defines an agricultural holding to mean. the aggregate of the land (whether agricultural land or ......
  • Chapter IHTM24223
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... types of ‘agreement’ that will not be converted into an agricultural tenancy. These are:. Grazing and mowing agreements. It should be noted ...AHA1986/S1 (1) excludes from the definition of an agricultural holding (IHTM24220) any contract of tenancy ‘under which the land is let to the ......
  • Chapter BIM55240
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... farmer may be entitled to statutory compensation under S 60e Agricultural Holdings Act 1986 or under the Agricultural Tenancies Act 1995. The sation is payable where the tenancy of an agricultural holding terminates by reason of a notice to quit given by the landlord and, in ......
  • Chapter SVM112030
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......100% if. the company’s interest in the agricultural property immediately before the transfer was valued with vacant possession ... of conversion into a protected tenancy under the Agricultural Holding Acts (for example a grazing licence for less than a year),. the company is ......
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