Index
| Author | Nigel Davis |
| Pages | 251-266 |
Index
References are to page numbers.
1954 Act tenancies see Business tenancies (under 1954 Act)
1986 Act tenancies see Agricultural Holdings Act 1986, tenancies under
1995 Act tenancies see Farm business tenancies (FBTs) Access to holdings see
Easements
Accountants 109, 142
see also Tax
Acquiescence, by landlord in tenant’s breach
1986 Act tenancies 52
FBTs 18
Acreage see Area of holdings ADR (alternative dispute resolution) 76–77
Agents, signature by and service on
36, 38, 188
see also Land agents; Solicitors, practical guidance for; Surveyors
Agricultural Holdings Act 1986, tenancies under 51–89 introduction 3, 4, 9–10, 11, 13,
51, 59
arbitration see Arbitration assignment 48, 54, 73, 74, 88,
137, 138–141
comparison with FBTs see
Agricultural tenancies, comparison between 1986 Act tenancies and FBTs compensation rights see
Compensation, 1986 Act tenancies
criteria 39–42, 51–54, 79, 80 analysis of grazing arrangements 10, 44–47, 51–52, 52–53
conversion of some older tenancies and licences 52– 53, 60, 70, 75, 80
death of tenant see Death, of tenant: 1986 Act tenancies dispute resolution: overview
75–77
fixed equipment see Fixed equipment: 1986 Act tenancies insurance 54, 55
landlord’s acquiescence in breach
52
leases for lives, relationship with
21
oral tenancies 54, 75, 87–88,
178
practical guidance for advisers see
Solicitors, practical guidance for
252 Agricultural Tenancies
Agricultural Holdings Act 1986, tenancies under (continued)
re-grant 68, 69
rent see Rent: 1986 Act tenancies security of tenure 51, 53, 59–60,
80, 83, 105, 142
service of documents 63–64 standard of husbandry see
Husbandry, 1986 Act tenancies
sub-tenancies see Sub-tenancies
(sub-leases), 1986 Act tenancies
surrender see Surrender termination
by forfeiture 54, 88
by surrender see Surrender following notice to quit see
Notice to quit: 1986 Act tenancies
of head tenancy, effect on subtenancy 53–54
time limits: summary 51, 91–
99
variation 9, 56, 73–74, 75
of rent see Rent: 1986 Act tenancies
written agreements omitting certain matters 54, 56, 75, 87–88, 178
Agricultural Land Tribunal, former see First-tier Tribunal, and 1986 Act tenancies
Agricultural research or education, landlord seeking possession for 61
Agricultural tenancies introduction 3–4
comparison between 1986 Act tenancies and FBTs agriculture, meaning 12, 46 assignment, restriction 48
forms, whether prescribed 4 rent 43, 82–83, 142 termination 20, 21, 22, 105,
142
under 1986 Act see Agricultural
Holdings Act 1986, tenancies under
under 1995 Act see Farm business tenancies (FBTs)
see also Defined terms; Glossary;
Tenancies, classification Agriculture, meaning 12, 46, 47,
51–52
see also Agricultural Holdings
Act 1986, tenancies under, criteria; Commercial units of agricultural land; Farm business tenancies (FBTs), criteria
Allotments, statutory 61 Alternative dispute resolution
(ADR) 76–77 Amalgamation schemes 63 Animals see Dead stock; Grazing;
Livestock
Arable land see Crops
Arbitration
awards, meaning 5
1986 Act 75–76
changes to rent 56–59, 73–74,
81–85, 179
changes to other terms of tenancy 56, 59, 74, 75 compensation 65 incontestable notices to quit
62–63, 64–65
requests for written terms 54,
56, 75, 87–88, 178 succession tenancies 73–74 costs, compared with costs of mediation 77
FBTs 34–35, 102, 172–173
compensation for improvements
29, 30–31, 32, 34 statutory rent reviews 22, 25,
26–27, 43, 101 see also Time limits Area of holdings
1986 Act tenancies: changes to area 40–42, 68, 69
changes to amount of holding to be maintained as permanent pasture 59
FBTs
changes to area 17
plans 16, 106, 108, 111, 113,
114, 115 Assignment
1986 Act tenancies 48, 54, 73,
74, 88, 137, 138–141
FBTs 47–48, 135–137, 138–141 Awards see Arbitration
Bad husbandry
certificates of 59, 61, 62, 67, 76,
95, 142
relationship with retirement notices 75
see also Damage; Dilapidation;
Husbandry, 1986 Act tenancies Bare land 13, 45
Basic Payment Scheme (BPS)
48–50, 81, 115–116 mentions in precedents 118–
119, 121–122, 125–126, 131– 134, 139, 151, 157–158 Breach of terms of tenancy acquiescence by landlord
1986 Act tenancies 52
FBTs 18
effect of assignment, FBTs 48 forfeiture see Forfeiture irremediable, 1986 Act tenancies
62, 63, 67, 76, 95, 142
non-compliance with notice to remedy, 1986 Act tenancies see Notice to remedy
tenants seeking to rely on own breach 18
whether relevant to criteria for
FBTs 18, 37
see also Husbandry, 1986 Act tenancies
Break clauses, in FBTs 5, 20, 21,
39, 100
mentions in precedents 122,
128–129, 165, 166
Brexit see Basic Payment Scheme
(BPS); European Union, agriculture in general Buildings
and meaning of holdings 6, 52 1986 Act tenancies
respective obligations of landlord and tenant 55–56 FBTs
insurance 114
removal by tenant 27–28, 29,
42, 100
Business conditions, for FBTs
12–14, 15, 18, 37, 45, 46 Business tenancies (under 1954
Act) 10, 13–14
deduction of title 106 relationship with criteria for 1986
Act tenancies 79 relationship with criteria for FBTs
13–14, 15, 17, 18, 37, 38, 46, 47
Business or trade
1986 Act tenancies and see
Agricultural Holdings Act 1986, tenancies under, criteria
FBTs and see Business conditions, for FBTs
254 Agricultural Tenancies
Business or trade (continued) letting of non-agricultural land for see Business tenancies (under 1954 Act)
Capital gains tax 142 Capital letters, in legal drafting
107–108
Central Association of Agricultural
Valuers (CAAV) 116 Certificates of bad husbandry 59,
61, 62, 67, 76, 95, 142 relationship with retirement notices 75
Charitable trusts, for ex-servicemen
70
Children of tenants
as close relatives, for succession purposes 70, 85
see also Succession tenancies Children treated as children of tenants
as close relatives, for succession purposes 69, 70
meaning 70, 203
see also Succession tenancies Civil partners of tenants
as close relatives, for succession purposes 69, 70, 190 particular factors affecting 70, 72 see also Children treated as children of tenants, meaning; Succession tenancies
CLA (Country Land and Business
Association) 116
Close relatives of tenants
meaning, for succession purposes
70
see also Succession tenancies Coal mining searches 113 Commercial units of agricultural land 71–72, 85
Common Agricultural Policy 115 see also European Union Common land, searches 113 Common law 5, 88
tenancies under 10, 12, 20, 45–
46, 79 Companies
1986 Act tenancies assignment to 54 controlled by spouse or civil partner of tenant 72
FBTs
company searches 113, 135 service on 35, 36
Comparables, in rent review formula for 1986 Act tenancies 58, 81–85
Compensation
1986 Act tenancies 65–69 introduction 51, 56, 65, 68,
76
table of time limits 97–98
to landlord 68–69, 73
to tenant, for disturbance 67,
97–98, 142–143
to tenant, for game damage
67–68, 97
to tenant, for high farming 67 to tenant, for improvements and tenant right matters 65–67, 68, 89, 97
to tenant, successive tenancies
68
to tenant, on surrender in exchange for FBT 142– 143
whether possible to contract out
89
FBTs 27–34
introduction 27, 28–29, 42–43 amount 31–32, 33–34, 43 examples of notices 169–171
improvements by securing of planning permission 29– 30, 31
interaction with right to remove fixtures 27, 28, 42
role of arbitrator 29, 30–31,
32, 34
routine improvements, meaning
29
severance of holding 33 severance of reversion 33–34 successive tenancies 33 table of time limits 101–102 whether relevant to statutory rent reviews 27
under the Evesham Custom 9 Converted tenancies and licences...
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