Chapter IHTM24211
| Published date | 20 March 2016 |
| Record Number | IHTM24211 |
| Court | HM Revenue & Customs |
| Issuer | HM Revenue & Customs |
In England & Wales, the main relevant legislative provisions are the Agricultural Holdings Act (AHA) 1986 (IHTM24220) and the Agricultural Tenancies Act (ATA) 1995. (IHTM24240)
Under the Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (SI no 2805), from October 2006, further changes to agricultural tenancy law were made. A number of matters of detail which had broad consensus support were incorporated into both the 1986 and 1995 Acts by the order.
Statutory intervention to improve the legal position of the agricultural tenant actually began in 1875 with the Agricultural Holdings (England) Act. Before this date the only protection was under common law. Under this most agricultural tenancies were terminable by six months’ notice to quit and there was no security of tenure.
The first main legislative provision was the Agricultural Holdings Act 1948, which replaced and consolidated all previous legislation dating back to 1875. The 1948 Act set out a detailed code of rights to compensation and security of tenure, as well as providing a system of arbitration for the settlement of disputes as to rent, compensation and the terms of tenancy agreements. This legislation needs to be seen in the context of the fact that post-war rationing was still in force and parliament regarded it as essential that farm production was improved. So agricultural tenants needed to be encouraged to maintain and improve their land on a long-term basis.
Protection for tenants was further increased by the introduction of succession rights in the Agriculture (Miscellaneous Provisions) Act 1976. However these rights were removed for tenancies granted after 12 July 1984 by the Agricultural Holdings Act 1984 which also made a number of other amendments, including the introduction of a statutory formula for the variation of rent.
The Agricultural Holdings Act 1986, which came into force on 18 June 1986 consolidated the previous legislation and also contained a number of minor alterations. This Act puts into place a comprehensive framework providing for security of tenure, regulation of the terms and conditions of the tenancy and for the payment of compensation to tenants for improvements and disturbance.
In addition, the social legislation embodied in the Rent (Agriculture) Act 1976 and now the Housing Act 1988 gives considerable legal protection to occupiers of tied agricultural accommodation, both in terms of security of tenure and control of...
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