For agricultural land to qualify as an agricultural holding (
IHTM24220) and be protected by the
legislation, it must be let under a ‘contract of
tenancy’ as defined by AHA1986/S1 (5).That is, a letting of
land, or an agreement for letting land, for a term of years or from
year to year.
Many agricultural tenancies are yearly tenancies and these
can only be terminated by a minimum of 12 months notice to quit
expiring on a term date of the tenancy. So, if the tenancy
commenced on 1 April in any one year then the notice to quit would
have to be given at least 12 months before 1 April in the year that
the landlord wanted to determine the tenancy.
The Act also converted into a protected yearly tenancy any
letting of land for an interest less than a year and provision is
made for the continuation of fixed-term lettings of two years or
more as yearly tenancies following termination. Many contractual
licences to occupy agricultural land will also be converted to
yearly tenancies under the Act.
So, the scheme of the protection is based on the deemed or
actual yearly tenancy of agricultural land. Security is given to
the tenant by providing that such tenancies can only be brought to
an end in accordance with the notice to quit provisions of Part III
of the AHA 1986.
Although in practice many yearly tenancies will be in
writing, this is not essential. (A fixed- term tenancy of 3 years
or more must, however be by deed, under the Law of Property Act
1925/S52 and 54).
If a landowner allows someone to occupy land in return for
an annual, or other regular payment, the inference is that he is
granting an agricultural tenancy or licence and the AHA will apply
accordingly.
