Checklist to Decide on the Relevant Legislation Applicable to a Tenancy

AuthorNigel Davis

Chapter 2

Checklist to Decide on the Relevant Legislation Applicable to a Tenancy


2.1.1 Agricultural Holdings Act 1986

Section 4 of the 1995 Act as amended by the Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 provides that the 1986 Act will apply to:

(1) tenancies beginning before 1 September 1995;
(2) statutory succession tenancies to the above where two successions have not already taken place;

(3) tenancies beginning on or after 1 September 1995 pursuant to a written contract of tenancy before that date indicating that the 1986 Act was to apply to that tenancy;

(4) variations of tenancies in (1) between the same landlord and the same tenant where the law implies a surrender of the old tenancy and a re-grant of a new tenancy;

(5) where an express grant of a new tenancy:

… is granted to a person who, 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 part of the land comprised in the holding, under a tenancy in relation to which the 1986 Act applied, and is so granted by a written contract of tenancy indicating (in whatever terms) that the 1986 Act is to apply in relation to the tenancy;

(6) tenancies granted to tenants under the Evesham Custom.1


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