Agricultural Holdings Act 1986

Cited authorities (177)

Cited in

Amendments (580)

Jurisdiction	UK Non-devolved
Citation	1986 c. 5
Year	1986

Contenidos

Agricultural Holdings Act 1986
Part I: Introductory

1: Principal definitions
2: Restriction on letting agricultural land for less than from year to year
3: Tenancies for two years or more to continue from year to year unless terminated by notice
4: Death of tenant before term date
5: Restriction on agreements excluding effect of section 3

Part II: Provisions Affecting Tenancy During its Continuance

Written tenancy agreements

6: Right to written tenancy agreement

Fixed equipment

7: The model clauses
^F11^F11 8: Arbitration or third party determination where terms of written agreement are inconsistent with the model clauses
9: Transitional arrangements where liability in respect of fixed equipment transferred
10: Tenant’s right to remove fixtures and buildings
11: Provision of fixed equipment necessary to comply with statutory requirements

Variation of rent

^F28^F28 12: Arbitration or third party determination of rent
13: Increases of rent for landlord’s improvements

Cultivation of land and disposal of produce

14: Variation of terms of tenancies as to permanent pasture
15: Disposal of produce and cropping

Distress
Miscellaneous

^F53 19A: Disputes relating to requests for landlord's consent or variation of terms
20: Compensation for damage by game
21: Extension of tenancies in lieu of claims to emblements
22: Rights to require certain records to be made
23: Landlord’s power of entry
24: Restriction of landlord’s remedies for breach of contract of tenancy

Part III: Notices to Quit

Notices to quit whole or part of agricultural holding

25: Length of notice to quit
26: Restriction on operation of notices to quit
27: Tribunal’s consent to operation of notice to quit
28: Additional restrictions on operation of notice to quit given under Case D
29: Power to make supplementary provision
30: Notice to quit where tenant is a service man

Notices to quit part of agricultural holding

31: Notice to quit part of holding valid in certain cases
32: Right to treat notice to quit part of holding as notice to quit entire holding
33: Reduction of rent where notice is given to quit part of holding

Part IV: Succession on Death or Retirement of Tenant

Tenancies to which Part IV applies

34: Tenancies to which Part IV applies

Succession on death of tenant

35: Application of sections 36 to 48
36: Right of any eligible person to apply for new tenancy on death of tenant
37: Exclusion of statutory succession where two successions have already occurred
38: Other excluded cases
39: Applications for tenancy of holding
40: Provisions supplementary to section 39
41: Application by not fully eligible person to be treated as eligible
^F89 42: Procedure where deceased held more than one holding
43: Restriction on operation of notice to quit given by reason of death of tenant
44: Opportunity for landlord to obtain Tribunal’s consent to operation of notice to quit
45: Effect of direction under section 39
46: Interpretation of section 45
^F90^F90 47: Terms of new tenancy unless varied by arbitration or third party determination
^F91^F91 48: Arbitration or third party determination on terms of new tenancy

Succession on retirement of tenant

49: Application of sections 50 to 58
50: Right to apply for new tenancy on retirement of tenant
51: Excluded cases
52: Notices to quit restricting operation of section 53
53: Application for tenancy of holding by nominated successor
54: Restriction on operation of certain notices to quit
55: Effect of direction under section 53
56: Terms of new tenancy
57: Effect of death of retiring tenant on succession to the holding
^F120 58: Effect of direction under section 53 on succession to other holdings

Interpretation

59: Interpretation of Part IV

Part V: Compensation on Termination of Tenancy

Compensation to tenant for disturbance

60: Right to, and measure of, compensation for disturbance
61: Cases where compensation under section 60 is not payable
62: Compensation on termination in pursuance of early resumption clause
63: Compensation for disturbance: supplementary provisions

Compensation to tenant for improvements and tenant-right matters

64: Tenant’s right to compensation for improvements
65: Tenant’s right to compensation for tenant-right matters
66: Measure of compensation
67: Compensation for long-term improvements: consent required
68: Improvements: special cases
69: Improvements: successive tenancies

Compensation to tenant for adoption of special system of farming

70: Compensation for special system of farming

Compensation to landlord for deterioration of holding

71: Compensation for deterioration of particular parts of holding
72: Compensation for general deterioration of holding
73: Deterioration of holding: successive tenancies

Supplementary provisions with respect to compensation

74: Termination of tenancy of part of holding
75: Compensation where reversionary estate in holding is severed
76: Restrictions on compensation for things done in compliance with this Act
77: No compensation under custom for improvement or tenant-right matter
78: Extent to which compensation recoverable under agreements

Part VI: Market Gardens and Smallholdings

79: Additional rights with respect to improvements for tenants of market gardens
80: Power of Tribunal to direct holding to be treated as market garden
81: Agreements as to compensation relating to market gardens
82: Application of section 15 to smallholdings

Part VII: Miscellaneous and Supplemental

83: Settlement of claims on termination of tenancy
84: Arbitrations
^F144 84A: Third party determinations
85: Enforcement
86: Power of landlord to obtain charge on holding
87: General provisions as to charges under this Act on holdings
88: Power of limited owners to give consents etc
89: Power of limited owners to apply capital for improvements
90: Estimation of best rent for purposes of Acts and other instruments
91: Power of Minister to vary Schedules 7, 8 and 10
^F152

92: Advisory committee on valuation of improvements and tenant-right matters

93: Service of notices

94: Orders and regulations

95: Crown land

96: Interpretation

97: Saving for other rights etc

98: Application of Act to old tenancies etc

99: Transitional provisions and savings

100: Consequential amendments

101: Repeals and revocations

102: Citation, commencement and extent

SCHEDULES

SCHEDULE 1: (Section 6) Matters for Which Provision is to be Made in Written Tenancy Agreements
^F165^F165 SCHEDULE 2: (Section 12) Arbitration or Third Party Determination of Rent: Provisions Supplementary to Section 12

Amount of rent
^F173 Frequency of determinations under section 12

SCHEDULE 3: (Section 26) Cases Where Consent Of Tribunal To Operation Of Notice To Quit Is Not Required

Part I: The Cases

CASE A

^F180 Case B

CASE C

CASE D

CASE E

CASE F

CASE G

CASE H

Part II: Supplementary Provisions Applicable to Cases A, B, C, D, E and G

Provisions applicable to Case A
Provisions applicable to Case B
Provisions applicable to Case C
Provisions applicable to Case D
Provisions applicable to Case E
Provisions applicable to Case G

SCHEDULE 4: (Section 29) Matters for Which Provision may be made by Order Under Section 29
SCHEDULE 5: (Section 30) Notice to Quit Where Tenant is a Service Man
^F193 SCHEDULE 6: (Sections 36 and 50) Eligibility to Apply For New Tenancy Under Part IV of this Act
SCHEDULE 7: (Sections 64, 66, etc) Long-Term Improvements begun on or after 1st March 1948 for which Compensation is Payable

Part I: Improvements to which Consent of Landlord Required
Part II: Improvements to which Consent of Landlord or Approval of Tribunal Required

SCHEDULE 8: (Sections 64, 65, etc) Short-Term Improvements Begun on or After 1st March 1948, and other Matters, for which Compensation is Payable

Part I: Improvements (to which no Consent Required)
Part II: Tenant-Right Matters

SCHEDULE 9: (Sections 64 and 79) Compensation to Tenant for Improvements Begun Before 1st March 1948

Part I: Tenant’s Right to Compensation for Old Improvements
Part II: Old Improvements for which Compensation is Payable

SCHEDULE 10: (Sections 79 and 80) Market Garden Improvements
^F204^F204 SCHEDULE 11

Appointment and remuneration of arbitrator
Conduct of proceedings and witnesses
Award
Reasons for award
Interest on awards
Costs
Special case, setting aside award and remission
Miscellaneous

SCHEDULE 12: (Sections 65, 70, 76, 77, 78, 98) Modifications Applicable to Old Tenancies and other Similar Cases

General
Right to remove fixtures
Notices to quit
Compensation for improvements
Compensation for tenant-right matters
Market gardens

SCHEDULE 13: (Section 99) Transitional Provisions and Savings

Construction of references to old and new law
Continuation of old law for certain pending cases
Periods of time
Transfer of functions
Compensation
Right to remove fixtures
...

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