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.

  • Spath Holme Ltd v North Western Rent Assessment Committee and another
    • Queen's Bench Division (Administrative Court)
    • 12 Julio 2001

    I say 'if this case is returned' since I did wonder in the course of argument whether because of the cap the error in reducing the amount as they did was material. However Mr. Rodger supported Mr. Gavaghan in submitting that if I decided the Committee had erred in their approach to voids I should quash the decision and send the case back for reconsideration.

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Legislation
  • The Town and Country Planning (Development Management Procedure) (England) Order 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... Act”) and amended by paragraph 35 of the Schedule to the Agricultural Tenancies Act 1995 (c. 8), and paragraph 6 of Schedule 12 to the 2011 Act, ... to which the application relates or a tenant of an agricultural holding any part of which is comprised in the land to which the application ... ...
  • Agricultural Holdings (Notices to Quit) Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ... ... Notices to quit whole or part of agricultural holding ... Notices to quit whole or part of agricultural holding ... Length of notice to quit ordinarily needed to end tenancy of agricultural holding. 1 ... ...
  • The Town and Country Planning (General Permitted Development) (England) Order 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (v) a World Heritage Site;(f) if the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant ... more than 14 days in total may be for the purposes of—(a) the holding of a market;(b) motor car and motorcycle racing including trials of speed, ... ...
  • 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 ... ...
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Books & Journal Articles
  • Agricultural practices in a drought-prone region of India: opportunities for S&T innovations
    • No. 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 ... ...
  • Checklist to Decide on the Relevant Legislation Applicable to a Tenancy
    • Part 1. Legal background, definitions and relevant law
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 9-10
    ... ... 2.1 LETTINGS OF AGRICULTURAL LAND IN CONNECTION WITH A TRADE OR BUSINESS ... 2.1.1 Agricultural ... immediately before the grant of the tenancy, was the tenant of the holding, or of any agricultural holding which comprised the whole or a substantial ... ...
  • Making social science research applicable: The case of agricultural extension research in Egypt
    • No. 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 ... ...
  • Agricultural Holdings Act 1986 Tenancies
    • Part 1. Legal background, definitions and relevant law
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 51-77
    ... ... Both are considered in more detail in para 5.9 ... An agricultural holding is a letting of agricultural land which is used for the purpose of a trade or business (section 1(4)(a) of the 1986 Act) ... Agriculture: ... ...
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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 ... 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 ... ...
  • Are You Being Served?
    • Mondaq UK
    ... ... Mr Thomas had a tenancy of an agricultural holding which he had ... assigned to a company without his landlord ... ...
  • 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 ... ...
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Forms
  • Notice of Application for Direction for Succession Tenancy on Retirement
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to agricultural lands and drainage, including notices of application.
    ... ... First-tier Tribunal Property Chamber ... (Agricultural Land and Drainage) ... Tribunal Ref No ... To be ... ) the Applicant to succeed the Retiring Tenant(s) as tenant of the holding on the date shown below ( please insert the retirement date below ): ... ... ...
  • Notice of Application for Direction for Succession Tenancy on Death
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to agricultural lands and drainage, including notices of application.
    ... ... First-tier Tribunal Property Chamber ... (Agricultural Land and Drainage) ... Tribunal Ref No ... To be ...   ...   ... 3. DETAILS OF THE HOLDING ...   ...   ...   ...   ... ... ...
  • Applications relating to Empty Dwelling Management Orders (EDMOs)
    • HM Courts & Tribunals Service court and tribunal forms
    Housing and planning forms including Rent Repayment Orders and Demolition Orders.
    ... ... ... (d)     Is comprised in an agricultural holding ... ... ... (e)     Is ... ...
  • Notice of Application (For use where there is no other dedicated form)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to agricultural lands and drainage, including notices of application.
    ... ... First-tier Tribunal Property Chamber ... (Agricultural Land and Drainage) ... Tribunal Ref No ... To be ...   ...   ... 2. DETAILS OF THE HOLDING ...   ...   ...   ...   ... ... ...
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