Preliminary Sections

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Agricultural Tenancies

3rd edition

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Agricultural Tenancies

3rd edition

Nigel Davis

Wildy, Simmonds & Hill Publishing

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© Nigel Davis, 2018

Contains public sector information licensed under the Open Government Licence v3.0

ISBN: 9780854902354

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

The right of Nigel Davis to be identified as the author of this Work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the consent of the copyright owners, application for which should be addressed to the publisher. Such a written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.

All reasonable care was taken in the preparation of this book, but any person relying on any of the statements, express or implied, in this book does so entirely at his or her own risk and without liability on the part of either the author or the publisher.

Second edition 2009

This edition published in 2018 by

Wildy, Simmonds & Hill Publishing

Wildy & Sons Ltd
Lincoln’s Inn Archway
Carey Street
London WC2A 2JD
www.wildy.com

Typeset by Heather Jones, North Petherton, Somerset.

Printed in Great Britain by CPI Antony Rowe, Chippenham, Wiltshire.

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This book is dedicated to the memory of my late grandfather, Harry Ruscoe, who passed on to me his love of farming and farm animals way back in the 1950s, and to Philip Binder, agricultural auctioneer and valuer, who persuaded me to specialise in agricultural law when I moved to Ashbourne in the mid-1970s.

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Contents

Preface xv Table of Cases xvii Table of Statutes xix Table of Statutory Instruments xxv Table of HM Revenue and Customs Material xxvii Table of European Material xxix

PART 1
LEGAL BACKGROUND, DEFINITIONS AND
RELEVANT LAW 1

1 Basic Information 3

1.1 Introduction 3
1.2 Sources 4
1.2.1 Farm business tenancies 4
1.2.2 Agricultural Holdings Act 1986 tenancies 4
1.3 Glossary 5

2 Checklist to Decide on the Relevant Legislation

Applicable to a Tenancy 9

2.1 Lettings of agricultural land in connection with a
trade or business 9
2.1.1 Agricultural Holdings Act 1986 9
2.1.2 Succession provisions 10
2.1.3 Agricultural Tenancies Act 1995 10
2.2 Lettings of non-agricultural land for trade or
business 10

2.3 Lettings of agricultural land not connected with
any trade or business 10

3 Farm Business Tenancies 11

3.1 Introduction 11
3.2 Meaning of farm business tenancy 12

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viii Agricultural Tenancies

3.2.1 Definition 12
3.2.2 Business conditions 12
3.2.3 Agriculture condition 14
3.2.4 Notice conditions 15
3.2.5 Effect of a breach of covenant 18
3.3 Termination of a farm business tenancy 19
3.3.1 Fixed term 19
3.3.2 Periodic tenancies 19
3.3.3 Break clauses 20
3.3.4 Severed reversions 20
3.3.5 Leases for lives 21
3.3.6 Other methods of determination 21
3.4 Rent 22
3.4.1 Freedom of contract 22
3.4.2 No review 22
3.4.3 Phased...