Agricultural Holdings Act 1948

JurisdictionUK Non-devolved
Citation1948 c. 63


Agricultural Holdings Act, 1948

(11 & 12 Geo. 6.) CHAPTER 63.

An Act to consolidate the Agricultural Holdings Act, 1923, Part III of the Agriculture Act, 1947, and certain other enactments relating to agricultural holdings, save, with respect to rights to compensation, in their application to certain cases determined by reference to past events.

[30th July 1948]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Meaning of ‘Agricultural Holding’.

Meaning of ‘Agricultural Holding’.

S-1 Meaning of ‘agricultural holding.’

1 Meaning of ‘agricultural holding.’

(1) In this Act the expression ‘agricultural holding’ means the aggregate of the agricultural land comprised in a contract of tenancy, not being a contract under which the said land is let to the tenant during his continuance in any office, appointment or employment held under the landlord.

(2) For the purposes of this and the next following section, the expression ‘agricultural land’ means land used for agriculture which is so used for the purposes of a trade or business and includes any other land which, by virtue of a designation of the Minister of Agriculture and Fisheries (hereafter in this Act referred to as ‘the Minister’) under subsection (1) of section one hundred and nine of the Agriculture Act, 1947 , is agricultural land within the meaning of that Act.

Provisions as to Contracts of Tenancy.

Provisions as to Contracts of Tenancy.

S-2 Restriction on letting agricultural land for less than from year to year.

2 Restriction on letting agricultural land for less than from year to year.

(1) Subject to the provisions of this section, where under an agreement made on or after the first day of March, nineteen hundred and forty-eight, any land is let to a person for use as agricultural land for an interest less than a tenancy from year to year, or a person is granted a licence to occupy land for use as agricultural land, and the circumstances are such that if his interest were a tenancy from year to year he would in respect of that land be the tenant of an agricultural holding, then, unless the letting or grant was approved by the Minister before the agreement was entered into, the agreement shall take effect, with the necessary modifications, as if it were an agreement for the letting of the land for a tenancy from year to year:

Provided that this subsection shall not have effect in relation to an agreement for the letting of land, or the granting of a licence to occupy land, made (whether or not the agreement expressly so provides) in contemplation of the use of the land only for grazing or mowing during some specified period of the year, or to an agreement for the letting of land, or the granting of a licence to occupy land, by a person whose interest in the land is less than a tenancy from year to year and has not by virtue of this section taken effect as such a tenancy.

(2) Any dispute arising as to the operation of the foregoing subsection in relation to any agreement shall be determined by arbitration under this Act.

S-3 Tenancies for two years or more, unless terminated by notice, to continue as tenancies from year to year.

3 Tenancies for two years or more, unless terminated by notice, to continue as tenancies from year to year.

(1) A tenancy of an agricultural holding for a term of two years or upwards shall, instead of terminating on the expiration of the term for which it was granted, continue (as from the expiration of that term) as a tenancy from year to year, but otherwise on the terms of the original tenancy so far as applicable, unless, not less than one year nor more than two years before the date fixed for the expiration of the term, a written notice has been given by either party to the other of his intention to terminate the tenancy.

(2) A notice given under the foregoing subsection shall be deemed, for the purposes of this Act, to be a notice to quit.

(3) This section shall not apply to a tenancy granted or agreed to be granted before the first day of January, nineteen hundred and twenty-one or to a tenancy granted on or after that day which, by virtue of subsection (6) of section one hundred and forty-nine of the Law of Property Act, 1925 , takes effect as such a term of years as is mentioned in that subsection.

(4) This section shall have effect notw thstanding any agreement to the contrary.

S-4 Extension of tenancies in lieu of claims to emblements.

4 Extension of tenancies in lieu of claims to emblements.

(1) Where the tenancy of an agricultural holding held by a tenant at a rackrent determines by the death or cesser of the estate of any landlord entitled for his life, or for any other uncertain interest, instead of claims to emblements the tenant shall continue to hold and occupy the holding until the occupation is determined by a twelve months' notice to quit expiring at the end of a year of the tenancy, and shall then quit upon the terms of his tenancy in the same manner as if the tenancy were then determined by effluxion of time or other lawful means during the continuance of his landlord's estate.

(2) The succeeding landlord shall be entitled to recover from the tenant, in the same manner as his predecessor could have done, a fair proportion of the rent for the period which may have elapsed from the date of the death or cesser of the estate of his predecessor to the time of the tenant so quitting.

(3) The succeeding landlord and the tenant respectively shall as between themselves and as against each other be entitled to all the benefits and advantages and be subject to the terms, conditions and restrictions to which the preceding landlord and the tenant respectively would have been entitled and subject in case the tenancy had determined in manner aforesaid at the expiration of the said twelve months' notice.

S-5 Provisions for securing written tenancy agreements.

5 Provisions for securing written tenancy agreements.

(1) Where there is not in force in respect of a tenancy of an agricultural holding, whether created before or after the commencement of this Act, an agreement in writing embodying the terms of the tenancy, or there is such an agreement in force but it contains no provision for one or more of the matters specified in the First Schedule to this Act, the landlord or the tenant of the holding may, if he has requested his tenant or landlord to enter into such an agreement containing provision for all of the said matters but no such agreement has been concluded, refer the terms of the tenancy to arbitration under this Act.

(2) On any such reference the arbitrator shall by his award specify the existing terms of the tenancy, subject to any variations thereof agreed between the landlord and the tenant, and, in so far as those terms as so varied make no provision therefor and do not make provision inconsistent therewith, make provision for all the matters specified in the First Schedule to this Act having such effect as may be agreed between the landlord and the tenant or, in default of agreement, as appears to the arbitrator to be reasonable and just between the landlord and the tenant.

(3) On any such arbitration the arbitrator may include in his award any further provisions relating to the tenancy which may be agreed between the landlord and the tenant.

S-6 Power of Minister to prescribe terms as to maintenance, repair and insurance of fixed equipment for incorporation in contracts of tenancy.

6 Power of Minister to prescribe terms as to maintenance, repair and insurance of fixed equipment for incorporation in contracts of tenancy.

(1) The Minister may, after consultation with such bodies of persons as appear to him to represent the interests of landlords and tenants of agricultural holdings, make regulations prescribing terms as to the maintenance, repair and insurance of fixed equipment which shall be deemed to be incorporated in every contract of tenancy of an agricultural holding, whether made before or after the commencement of this Act, except in so far as they would impose on one of the parties to an agreement in writing a liability which under the agreement is imposed on the other.

(2) Where an agreement in writing relating to a tenancy of an agricultural holding, whether created before or after the commencement of this Act, effects substantial modifications in the operation of regulations under the foregoing subsection, the landlord or the tenant of the holding may, if he has requested his tenant or landlord to vary the agreement so as to bring it into conformity with the provisions of regulations under that subsection but no agreement has been reached on the request, refer to arbitration under this Act the terms of the tenancy with respect to the maintenance, repair and insurance of fixed equipment:

Provided that where there has been a previous reference under this subsection relating to the same tenancy, no further such reference shall be made before the expiration of three years from the coming into effect of the award of the arbitrator on the previous reference.

(3) On any reference under the last foregoing subsection the arbitrator shall consider whether (disregarding the rent payable for the holding) the said modifications effected by the agreement are justifiable having regard to the circumstances of the holding and of the landlord and the tenant, and, if he determines that they are not justifiable as aforesaid, he may by his award vary the terms referred to arbitration in such manner as appears to him reasonable and just between the landlord and the tenant.

(4) The powers conferred on the Minister by...

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