Agricultural Tenancies Act 1995 Notices
| Author | Nigel Davis |
| Pages | 161-175 |
Chapter 9
Agricultural Tenancies Act 1995 Notices
There now follow a number of the notices referred to in Part 1 that you may need on a more regular basis when dealing with the 1995 Act.
9.1 NOTICE BY LANDLORD TO TENANT, OR VICE VERSA, OF THE GRANTING OF A FARM BUSINESS TENANCY
Agricultural Tenancies Act 1995 – section 1(4)
To: (full name(s) of tenant or landlord) of (address)
Re: The holding known as (address and brief details of holding – it is suggested the description be taken from the tenancy agreement)
I, (full name(s) of landlord or tenant) of (address)
GIVE YOU NOTICE pursuant to the provisions of the Agricultural Tenancies Act 1995 s 1(4) that I intend the tenancy of the above holding which we are proposing to enter into is to be and remain a farm business tenancy within the meaning of that Act and that at its beginning the character of the tenancy will be primarily or wholly agricultural.
Signed (signature of landlord or tenant)
Dated: (include date)
(Note – these notices must be exchanged before the beginning of the tenancy (i.e. when the tenant is entitled to possession under the tenancy) or on the signing of the tenancy agreement, whichever is earlier. The notice cannot be contained in the agreement itself and it is not sufficient for one party to serve such notice on the other and for the recipient to simply sign and date the notice he has received. That constitutes a receipt and not service of a notice as required by the 1995 Act.)
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9.2 NOTICE TO TERMINATE A FIXED TERM FARM BUSINESS TENANCY OF MORE THAN
2 YEARS
Agricultural Tenancies Act 1995 – section 5
To: (full name(s) of tenant or landlord) of (address)
Re: The holding known as (address and brief details of the holding – it is suggested the description be taken from the tenancy agreement)
I, (full name(s) of landlord or tenant) of (address)
GIVE YOU NOTICE pursuant to the provisions of the Agricultural Tenancies Act 1995, s 5 to terminate the tenancy of the above holding dated ... and made between (1) (original landlord) and (2) (original tenant) on the [ ] day of [ ] 20[ ] being the date fixed by the tenancy agreement for the expiry of the term granted, or, on the first date on which the tenancy can lawfully be terminated, being at least twelve months after service of this notice.
Signed: (signature of landlord or tenant)
Dated: (include date)
(Note – notice has to be served of at least 12 months to expire on the contractual term date. Failure to serve the notice correctly will mean that the tenancy will continue as a yearly tenancy. For a form of notice to terminate a yearly tenancy, use notice at 9.3 or
9.4.
Fixed term tenancies of 2 years and under expire automatically by effluxion of time on their term date without the service of any notice.)
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9.3 LANDLORD’S NOTICE TO TERMINATE A FARM BUSINESS TENANCY FROM YEAR TO YEAR
Agricultural Tenancies Act 1995 – section 6
To: (full name(s) of tenant) of (address)
Re: The holding known as (address and brief details of holding – it is suggested the description be taken from the tenancy agreement)
I, (full name(s) of landlord) of (address)
GIVE YOU NOTICE to quit and deliver up to me possession of the above holding of which you are tenant on the (include date of expiry of the current year of the tenancy) or at the expiration of the year of your tenancy which shall expire next after the end of twelve months from the service of this notice.
Signed: (signature of landlord)
Dated: (include date)
(Note – notice must be served of at least 12 months expiring at the end of a completed year of the tenancy, or, where it is a yearly tenancy which arises automatically on the expiration of a fixed term, at least 12 months expiring on the anniversary of the fixed term.)
164 Agricultural Tenancies
9.4 TENANT’S NOTICE TO TERMINATE A FARM BUSINESS TENANCY FROM YEAR TO YEAR
Agricultural Tenancies Act 1995 – section 6
To: (full name(s) of landlord) of (address)
Re: The holding known as (address and brief details of the holding – it is suggested that the description be taken from the tenancy agreement)
I, (full name(s) of tenant) of (address)
GIVE YOU NOTICE that I shall quit and deliver up possession to you of the above holding which I hold as tenant from you on (include date of expiry of current year of the tenancy) or at the expiration of the year of the tenancy which shall expire after the end of twelve months from the date of service of this notice.
Signed: (signature of tenant)
Dated: (include date)
(Note – notice must be served of at least 12 months expiring at the end of a completed year of the tenancy, or, where it is a yearly tenancy which arises automatically on the expiration of a fixed term, of at least 12 months expiring on the anniversary of the fixed term.)
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9.5 LANDLORD’S NOTICE TO...
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