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Revised Statute from The UK Statute Law Database

Agricultural Holdings Act 1986 (c. 5)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Agricultural Holdings Act 1986

1986 CHAPTER 5

Contents

Go to Preamble

  1. Part I

    Introductory

    1. 1. Principal definitions

    2. 2. Restriction on letting agricultural land for less than from year to year

    3. 3. Tenancies for two years or more to continue from year to year unless terminated by notice

    4. 4. Death of tenant before term date

    5. 5. Restriction on agreements excluding effect of section 3

  2. Part II

    Provisions Affecting Tenancy During its Continuance

    1. Written tenancy agreements

      1. 6. Right to written tenancy agreement

    2. Fixed equipment

      1. 7. The model clauses

      2. 8. Arbitration where terms of written agreement are inconsistent with the model clauses

      3. 9. Transitional arrangements where liability in respect of fixed equipment transferred

      4. 10. Tenant’s right to remove fixtures and buildings

      5. 11. Provision of fixed equipment necessary to comply with statutory requirements

    3. Variation of rent

      1. 12. Arbitration of rent

      2. 13. Increases of rent for landlord’s improvements

    4. Cultivation of land and disposal of produce

      1. 14. Variation of terms of tenancies as to permanent pasture

      2. 15. Disposal of produce and cropping

    5. Distress

      1. 16. No distress for rent due more than a year previously

      2. 17. Compensation to be set off against rent for purposes of distress

      3. 18. Restrictions on distraining on property of third party

      4. 19. Settlement of disputes as to distress

    6. Miscellaneous

      1. 20. Compensation for damage by game

      2. 21. Extension of tenancies in lieu of claims to emblements

      3. 22. Rights to require certain records to be made

      4. 23. Landlord’s power of entry

      5. 24. Restriction of landlord’s remedies for breach of contract of tenancy

  3. Part III

    Notices to Quit

    1. Notices to quit whole or part of agricultural holding

      1. 25. Length of notice to quit

      2. 26. Restriction on operation of notices to quit

      3. 27. Tribunal’s consent to operation of notice to quit

      4. 28. Additional restrictions on operation of notice to quit given under Case D

      5. 29. Power to make supplementary provision

      6. 30. Notice to quit where tenant is a service man

    2. Notices to quit part of agricultural holding

      1. 31. Notice to quit part of holding valid in certain cases

      2. 32. Right to treat notice to quit part of holding as notice to quit entire holding

      3. 33. Reduction of rent where notice is given to quit part of holding

  4. Part IV

    Succession on Death or Retirement of Tenant

    1. Tenancies to which Part IV applies

      1. 34. Tenancies to which Part IV applies

    2. Succession on death of tenant

      1. 35. Application of sections 36 to 48

      2. 36. Right of any eligible person to apply for new tenancy on death of tenant

      3. 37. Exclusion of statutory succession where two successions have already occurred

      4. 38. Other excluded cases

      5. 39. Applications for tenancy of holding

      6. 40. Provisions supplementary to section 39

      7. 41. Application by not fully eligible person to be treated as eligible

      8. 42. Procedure where deceased held more than one holding

      9. 43. Restriction on operation of notice to quit given by reason of death of tenant

      10. 44. Opportunity for landlord to obtain Tribunal’s consent to operation of notice to quit

      11. 45. Effect of direction under section 39

      12. 46. Interpretation of section 45

      13. 47. Terms of new tenancy unless varied by arbitration

      14. 48. Arbitration on terms of new tenancy

    3. Succession on retirement of tenant

      1. 49. Application of sections 50 to 58

      2. 50. Right to apply for new tenancy on retirement of tenant

      3. 51. Excluded cases

      4. 52. Notices to quit restricting operation of section 53

      5. 53. Application for tenancy of holding by nominated successor

      6. 54. Restriction on operation of certain notices to quit

      7. 55. Effect of direction under section 53

      8. 56. Terms of new tenancy

      9. 57. Effect of death of retiring tenant on succession to the holding

      10. 58. Effect of direction under section 53 on succession to other holdings

    4. Interpretation

      1. 59. Interpretation of Part IV

  5. Part V

    Compensation on Termination of Tenancy

    1. Compensation to tenant for disturbance

      1. 60. Right to, and measure of, compensation for disturbance

      2. 61. Cases where compensation under section 60 is not payable

      3. 62. Compensation on termination in pursuance of early resumption clause

      4. 63. Compensation for disturbance: supplementary provisions

    2. Compensation to tenant for improvements and tenant-right matters

      1. 64. Tenant’s right to compensation for improvements

      2. 65. Tenant’s right to compensation for tenant-right matters

      3. 66. Measure of compensation

      4. 67. Compensation for long-term improvements: consent required

      5. 68. Improvements: special cases

      6. 69. Improvements: successive tenancies

    3. Compensation to tenant for adoption of special system of farming

      1. 70. Compensation for special system of farming

    4. Compensation to landlord for deterioration of holding

      1. 71. Compensation for deterioration of particular parts of holding

      2. 72. Compensation for general deterioration of holding

      3. 73. Deterioration of holding: successive tenancies

    5. Supplementary provisions with respect to compensation

      1. 74. Termination of tenancy of part of holding

      2. 75. Compensation where reversionary estate in holding is severed

      3. 76. Restrictions on compensation for things done in compliance with this Act

      4. 77. No compensation under custom for improvement or tenant-right matter

      5. 78. Extent to which compensation recoverable under agreements

  6. Part VI

    Market Gardens and Smallholdings

    1. 79. Additional rights with respect to improvements for tenants of market gardens

    2. 80. Power of Tribunal to direct holding to be treated as market garden

    3. 81. Agreements as to compensation relating to market gardens

    4. 82. Application of section 15 to smallholdings

  7. Part VII

    Miscellaneous and Supplemental

    1. 83. Settlement of claims on termination of tenancy

    2. 84. Arbitrations

    3. 85. Enforcement

    4. 86. Power of landlord to obtain charge on holding

    5. 87. General provisions as to charges under this Act on holdings

    6. 88. Power of limited owners to give consents etc

    7. 89. Power of limited owners to apply capital for improvements

    8. 90. Estimation of best rent for purposes of Acts and other instruments

    9. 91. Power of Minister to vary Schedules 7, 8 and 10

    10. 92. Advisory committee on valuation of improvements and tenant-right matters

    11. 93. Service of notices

    12. 94. Orders and regulations

    13. 95. Crown land

    14. 96. Interpretation

    15. 97. Saving for other rights etc

    16. 98. Application of Act to old tenancies etc

    17. 99. Transitional provisions and savings

    18. 100. Consequential amendments

    19. 101. Repeals and revocations

    20. 102. Citation, commencement and extent

  8. SCHEDULE 1

    Matters for Which Provision is to be Made in Written Tenancy Agreements

  9. SCHEDULE 2

    Arbitration of Rent: Provisions Supplementary to Section 12

  10. SCHEDULE 3

    Cases Where Consent Of Tribunal To Operation Of Notice To Quit Is Not Required

  11. SCHEDULE 4

    Matters for Which Provision may be made by Order Under Section 29

  12. SCHEDULE 5

    Notice to Quit Where Tenant is a Service Man

  13. SCHEDULE 6

    Eligibility to Apply For New Tenancy Under Part IV of this Act

  14. SCHEDULE 7

    Long-Term Improvements begun on or after 1st March 1948 for which Compensation is Payable

  15. SCHEDULE 8

    Short-Term Improvements Begun on or After 1st March 1948, and other Matters, for which Compensation is Payable

  16. SCHEDULE 9

    Compensation to Tenant for Improvements Begun Before 1st March 1948

  17. SCHEDULE 10

    Market Garden Improvements

  18. SCHEDULE 11

    Arbitrations

  19. SCHEDULE 12

    Modifications Applicable to Old Tenancies and other Similar Cases

  20. SCHEDULE 13

    Transitional Provisions and Savings

  21. SCHEDULE 14

    Consequential Amendments

  22. SCHEDULE 15

    Repeals and Revocations

An Act to consolidate certain enactments relating to agricultural holdings, with amendments to give effect to recommendations of the Law Commission.

[18th March 1986]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1

A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

C2Act modified by Opencast Coal Act 1958 (c. 69, SIF 86), s. 14(2)–(4) as substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 5

C3Act excluded (1.9.1995) by 1995 c. 8, ss. 4(1), 41(2) (with s. 37)

C4Act excluded (3.11.1994) by 1991 c. 53, s. 84(3)(d) (as substituted by 1994 c. 33, s. 96)

C5Act (except Sch. 12 para. 4(1)(a)): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C6Act excluded (1.8.2000) by 1999 c. 33, s. 149(3)(d); S.I. 2000/1985, art. 2

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