Agricultural Holdings Act 1986
At a glance
Enforced by
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 253 other Schedules — structural / supplementary
Particulars of the holding with sufficient description, by reference to...
The term or terms for which the holding or different...
The rent reserved and the dates on which it is...
The incidence of the liability for rates (including drainage rates)....
A covenant by the tenant in the event of the...
A covenant by the tenant (except where the interest of...
A power for the landlord to re-enter on the holding...
A covenant by the tenant not to assign, sub-let or...
(1) For the purposes of section 12 of this Act,...
(1) On a reference under section 12 of this Act,...
On a reference under section 12 of this Act the...
(1) Subject to the following provisions of this Schedule, a...
(1) This paragraph applies in any case where a tenancy...
Where under an agreement between the landlord and the tenant...
(1) This paragraph applies in any case where—
Paragraphs 2 to 7 below have effect for determining whether,...
(1) For the purposes of Case D—
(1) Where— (a) the landlord is a smallholdings authority, or...
For the purposes of Case G— (a) “tenant” does not...
For the purposes of paragraph (b) of Case A, a...
Where no such certificate as is mentioned in paragraph 2...
(1) The accommodation must be reasonably suitable to the needs...
Accommodation shall not be deemed to be suitable to the...
Any document purporting— (a) to be a certificate of a...
(1) In paragraphs 2, 4 and 6 above “housing authority”,...
(1) For the purposes of Case B no account shall...
(1) For the purposes of Case B—
(1) For the purposes of Case C the landlord of...
Requiring any question arising under the provisions of section 26(2)...
Enabling the time within which anything is to be done...
Enabling a tenancy, in a case where that time is...
Securing that, where a subsequent notice to quit is given...
The recovery by a tenant of the cost of any...
Limiting the time within which any such arbitration may be...
Extending the period within which a counter-notice may be given...
Suspending the operation of notices to quit until the expiry...
Postponing the date at which a tenancy is to be...
Excluding the application of section 26(1) of this Act in...
Making such provision as appears to the Lord Chancellor expedient...
The determination by arbitration under this Act of any question...
Enabling the arbitrator, on an arbitration under this Act relating...
In this Schedule— “the 1951 Act” means the Reserve and...
(1) Paragraph 3 below shall have effect where—
(1) Section 26(1) of this Act shall apply notwithstanding the...
Where the tenant of an agricultural holding to which this...
The Lord Chancellor’s power under section 29 of this Act...
(1) The Lord Chancellor may make regulations—
(1) In this Schedule— “ the livelihood condition ” means...
(1) Where— (a) any agricultural land is occupied by any...
The modifications of Part I of this Schedule referred to...
The reference in paragraph 1(1) to section 36(3) of this...
References to a close relative of the deceased shall be...
In paragraph 5— (a) references to sections 36 to 48...
The reference in paragraph 7(2) to section 39 of this...
For paragraph 8 there shall be substituted— Where the nominated successor is, by virtue of a direction...
For the purposes of the livelihood condition, any period during...
(1) In the occupancy condition “ commercial unit of agricultural...
The Minister shall by order— (a) prescribe such units of...
(1) For the purposes of any proceedings under sections 36...
(1) Occupation by a close relative of the deceased of...
(1) Where any agricultural land is jointly occupied by a...
(1) Where a close relative of the deceased is, by...
(1) For the purposes of the occupancy condition and of...
Making or planting of osier beds.
Carrying out works in compliance with an improvement notice served,...
Erection or construction of loading platforms, ramps, hard standings for...
Construction of silos.
Claying of land.
Marling of land.
Making or improvement of roads or bridges.
Making or improvement of water courses, culverts, ponds, wells or...
Making or removal of permanent fences.
Reclaiming of waste land.
Making or improvement of embankments or sluices.
Making of water meadows.
Erection of wirework for hop gardens.
Provision of permanent sheep-dipping accommodation.
Removal of bracken, gorse, tree roots, boulders or other like...
Land drainage (other than improvements falling within paragraph 1 of...
Provision or laying-on of electric light or power.
Provision of facilities for the storage or disposal of sewage...
Repairs to fixed equipment, being equipment reasonably required for the...
The grubbing up of orchards or fruit bushes.
Planting trees otherwise than as an orchard and bushes other...
Making of watercress beds.
Planting of hops.
Planting of orchards or fruit bushes.
Warping or weiring of land.
Making of gardens.
Provision of underground tanks.
Erection, alteration or enlargement of buildings, and making or improvement...
Mole drainage and works carried out to secure its efficient...
(1) Acclimatisation, hefting or settlement of hill sheep on hill...
(1) In areas of the country where arable crops can...
Protection of fruit trees against animals.
Clay burning.
Liming (including chalking) of land.
Application to land in England of manure, fertiliser, soil improvers...
Application to land in Wales of manure, fertiliser, soil improvers...
Application to land in Wales of purchased manure and fertiliser,...
(1) In relation to England, production of manure arising from...
(1) In relation to Wales, production of manure arising from...
In relation to Wales, consumption on the holding of corn...
Growing crops and severed or harvested crops and produce, being...
Seeds sown and cultivations, fallows and acts of husbandry performed...
Pasture laid down with clover, grass, lucerne, sainfoin or other...
Planting of orchards or fruit bushes.
Reclaiming of waste land.
Warping or weiring of land.
Embankments and sluices against floods.
Erection of wirework in hop gardens.
Provision of permanent sheep-dipping accommodation.
Drainage.
Making or improvement of roads or bridges.
Making or improvement of watercourses, ponds, wells or reservoirs or...
Making or removal of permanent fences.
Planting of hops.
Planting of standard or other fruit trees permanently set out....
Planting of fruit bushes permanently set out.
Planting of strawberry plants.
Planting of asparagus, rhubarb and other vegetable crops which continue...
Erection, alteration or enlargement of buildings for the purpose of...
(1) The arbitrator shall be a person appointed by agreement...
The provisions of county court rules as to the issuing...
(1) Subject to sub-paragraphs (2) and (3) below, any person...
(1) Subject to sub-paragraph (2) below, the judge of the...
The High Court may order that a writ of habeas...
(1) Subject to sub-paragraph (2) below, the arbitrator shall make...
The arbitrator may if he thinks fit make an interim...
The arbitrator shall— (a) state separately in the award the...
Where by virtue of this Act compensation under an agreement...
The award shall fix a day not later than one...
The award shall be final and binding on the parties...
If the arbitrator dies, or is incapable of acting, or...
The arbitrator shall have power to correct in the award...
Section 10 of the Tribunals and Inquiries Act 1992 (reasons...
Any sum directed to be paid by the award shall,...
The cost of, and incidental to, the arbitration and award...
On the application of either party, any such costs shall...
(1) The arbitrator shall, in awarding costs, take into consideration—...
The arbitrator may, at any stage of the proceedings, and...
(1) Where the arbitrator has misconducted himself, the county court...
(1) The county court may from time to time remit...
Any amount paid, in respect of the remuneration of the...
In relation to an arbitrator who is appointed in place...
The provisions of this Schedule relating to the fixing and...
For the purposes of this Schedule, an arbitrator appointed by...
Any instrument of appointment or other document purporting to be...
Neither party shall have power to revoke the appointment of...
Every appointment, application, notice, revocation and consent under the foregoing...
The remuneration of the arbitrator shall be—
The parties to the arbitration shall, within thirty-five days from...
The parties to the arbitration and all persons claiming through...
Witnesses appearing at the arbitration shall, if the arbitrator thinks...
Section 2 of this Act shall not apply to an...
(1) Except as provided by this paragraph, subsections (2) to...
Section 3 of this Act shall not apply to a...
A tenant shall not be entitled by virtue of section...
(1) Where a tenancy of an agricultural holding subsists under...
The tenant of an agricultural holding shall not be entitled...
(1) Where the tenant of an agricultural holding entered into...
(1) This paragraph applies where the tenant of an agricultural...
(1) In a case where, by virtue of paragraph 6...
The Minister may revoke or vary the provisions of paragraphs...
(1) Any reference, whether express or implied, in any enactment,...
Section 14 of the Agricultural Holdings Act 1948 shall continue...
(1) Where Part IV of this Act has effect in...
Without prejudice to the generality of section 34(1)(b)(iii) of this...
(1) In section 70(2)(b) of this Act the reference to...
Sections 80(9) and 96(2) of this Act shall have effect—...
Any form specified in pursuance of paragraph 15 or 27...
Paragraphs 10(1)(d) and 11(2) of Part II of Schedule 3...
References, in whatever terms, in any enactment to a holding...
(1) Nothing in this Act shall apply in relation to—...
Where a period of time specified in any enactment repealed...
Any reference, whether express or implied, in this Act (or...
Section 22 of this Act shall have effect in relation...
(1) Schedule 11 to this Act shall have effect in...
Notwithstanding section 16 of the Interpretation Act 1978, rights to...
Sections 13 and 67 of the Agricultural Holdings Act 1948...
(1) Section 47 of the Small Holdings and Allotments Act...
In section 11(2) of that Act for the words “Second...
In section 73(1) of the Settled Land Act 1925—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 26(1) of the Universities and College Estates Act...
In section 17(1) of the Landlord and Tenant Act 1927...
In section 19(4) of that Act for the words “Agricultural...
In section 5(7) of the Agricultural Credits Act 1928 for...
In section 7(1) of the Leasehold Property (Repairs) Act 1938...
In section 73(3)(a) of the Agriculture Act 1947 for the...
In Schedule 2 to that Act— (a) in paragraph 1...
In section 58 of that Act for the words “Agricultural...
In section 27(1) of the Reserve and Auxiliary Forces (Protection...
In section 43(1)(a) of the Landlord and Tenant Act 1954...
In section 69(1) of that Act for the words “Agricultural...
In section 24(1) of the Agriculture (Safety, Health and Welfare...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Section 14 of the Opencast Coal Act 1958 shall...
(1) Section 24 of that Act shall be amended as...
(1) Section 25 of that Act shall be amended as...
(1) Section 26 of that Act shall be amended as...
(1) Section 27 of that Act shall be amended as...
In paragraph (3) of Part II of Schedule 1 to...
(1) Section 28 of that Act shall be amended as...
In section 51(1) of that Act— (a) after the definition...
(1) Schedule 6 to that Act shall be amended as...
(1) Schedule 7 to that Act shall be amended as...
In clauses 15(i) and 23(b) of the Trust Instrument set...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsections (1)(a) and (6)(c) of section 22 of the...
In section 26(1) of the Agriculture Act 1967 for the...
In section 27(5B)(a) of that Act for the words “Agricultural...
In section 28(1)(a) of that Act for the words “section...
In section 4(1) of the Law of Distress Amendment Act...
In section 29(3)(a) of that Act for the words “section...
(1) Section 48 of that Act shall be amended as...
In paragraph 7(4) of Schedule 3 to that Act for...
In section 1(3)(b) of the Leasehold Reform Act 1967 for...
In section 12(1) of the Agriculture (Miscellaneous Provisions) Act 1968...
In section 13(1) of that Act for the words “section...
(1) Section 17 of that Act shall be amended as...
In section 42(2) of that Act, as it has effect...
(1) Schedule 3 to that Act shall be amended as...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In clauses 6B(b) and 8D of the Deed set out...
In section 27(7) of the Town and Country Planning Act...
(1) Schedule 2 to the Land Charges Act 1972 shall...
In section 34(3) (c) of the Land Compensation Act 1973...
(1) Section 48 of that Act shall be amended as...
(1) Section 56 of that Act shall be amended as...
(1) Section 59 of that Act shall be amended as...
In section 87(1) for the words “Agricultural Holdings Act 1948”...
In section 9(3) and (4)(c) of the Rent (Agriculture) Act...
In paragraph 2 of Schedule 2 to that Act for...
In section 10 of the Rent Act 1977 for the...
In section 2(3) of the Land Settlement (Facilities) Act 1919...
In section 137(3) and (4)(c) of that Act for the...
In section 8(1)(d) of the Protection from Eviction Act 1977...
In section 3(2) of the Cycle Tracks Act 1984 for...
In paragraph 8 of Schedule 1 to the Housing Act...
In section 14(3) of the Landlord and Tenant Act 1985...
In section 11(4) of that Act for the words “Second...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 3(5) of the Allotments Act 1922—
The notice to quit is given on the ground that...
Not more than six months before the giving of the...
At the date of the giving of the notice to...
At the date of the giving of the notice to...
At the date of the giving of the notice to...
The notice to quit is given— (a) following the death...
The notice to quit is given by the Minister and—...
The holding is let as a smallholding by a smallholdings...
Browse 104 other sections — procedural / definitional / commencement
Principal definitions.
Restriction on letting agricultural land for less than from year to year.
Tenancies for two years or more to continue from year to year unless terminated by notice.
Death of tenant before term date.
Restriction on agreements excluding effect of section 3.
Right to written tenancy agreement.
The model clauses.
Arbitration or third party determination where terms of written agreement are inconsistent with the model clauses.
Transitional arrangements where liability in respect of fixed equipment transferred.
Tenant’s right to remove fixtures and buildings.
Provision of fixed equipment necessary to comply with statutory requirements.
Arbitration or third party determination of rent.
Increases of rent for landlord’s improvements.
Variation of terms of tenancies as to permanent pasture.
Disposal of produce and cropping.
No distress for rent due more than a year previously.
Compensation to be set off against rent for purposes of distress.
Restrictions on distraining on property of third party.
Settlement of disputes as to distress.
Disputes relating to requests for landlord's consent or variation of terms
Compensation for damage by game.
Extension of tenancies in lieu of claims to emblements.
Rights to require certain records to be made.
Landlord’s power of entry.
Restriction of landlord’s remedies for breach of contract of tenancy.
Length of notice to quit.
Restriction on operation of notices to quit.
Tribunal’s consent to operation of notice to quit.
Additional restrictions on operation of notice to quit given under Case D.
Power to make supplementary provision.
Notice to quit where tenant is a service man.
Notice to quit part of holding valid in certain cases.
Right to treat notice to quit part of holding as notice to quit entire holding.
Reduction of rent where notice is given to quit part of holding.
Tenancies to which Part IV applies.
Application of sections 36 to 48.
Right of any eligible person to apply for new tenancy on death of tenant.
Exclusion of statutory succession where two successions have already occurred.
Other excluded cases.
Applications for tenancy of holding.
Provisions supplementary to section 39.
Application by not fully eligible person to be treated as eligible.
Procedure where deceased held more than one holding.
Restriction on operation of notice to quit given by reason of death of tenant.
Opportunity for landlord to obtain Tribunal’s consent to operation of notice to quit.
Effect of direction under section 39.
Interpretation of section 45.
Terms of new tenancy unless varied by arbitration or third party determination .
Arbitration or third party determination on terms of new tenancy.
Application of sections 50 to 58.
Right to apply for new tenancy on retirement of tenant.
Excluded cases.
Notices to quit restricting operation of section 53.
Application for tenancy of holding by nominated successor.
Restriction on operation of certain notices to quit.
Effect of direction under section 53.
Terms of new tenancy.
Effect of death of retiring tenant on succession to the holding.
Effect of direction under section 53 on succession to other holdings.
Interpretation of Part IV.
Right to, and measure of, compensation for disturbance.
Cases where compensation under section 60 is not payable.
Compensation on termination in pursuance of early resumption clause.
Compensation for disturbance: supplementary provisions.
Tenant’s right to compensation for improvements.
Tenant’s right to compensation for tenant-right matters.
Measure of compensation.
Compensation for long-term improvements: consent required.
Improvements: special cases.
Improvements: successive tenancies.
Compensation for special system of farming.
Compensation for deterioration of particular parts of holding.
Compensation for general deterioration of holding.
Deterioration of holding: successive tenancies.
Termination of tenancy of part of holding.
Compensation where reversionary estate in holding is severed.
Restrictions on compensation for things done in compliance with this Act.
No compensation under custom for improvement or tenant-right matter.
Extent to which compensation recoverable under agreements.
Additional rights with respect to improvements for tenants of market gardens.
Power of Tribunal to direct holding to be treated as market garden.
Agreements as to compensation relating to market gardens.
Application of section 15 to smallholdings.
Settlement of claims on termination of tenancy.
Arbitrations.
Third party determinations
Enforcement.
Power of landlord to obtain charge on holding.
General provisions as to charges under this Act on holdings.
Power of limited owners to give consents etc.
Power of limited owners to apply capital for improvements.
Estimation of best rent for purposes of Acts and other instruments.
Power of Minister to vary Schedules 7, 8 and 10.
Advisory committee on valuation of improvements and tenant-right matters.
Service of notices.
Orders and regulations.
Crown land.
Interpretation.
Saving for other rights etc.
Application of Act to old tenancies etc.
Transitional provisions and savings.
Consequential amendments.
Repeals and revocations.
Citation, commencement and extent.
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Rural Payments Agency (opens in a new tab) Detailed Guidance
- First-tier Tribunal (Property Chamber) - Agricultural Land and Drainage (opens in a new tab) Detailed Guidance
- Agricultural Land Tribunal for Wales - About (opens in a new tab) Other
- Agricultural land and drainage disputes: apply to a tribunal (opens in a new tab) Detailed Guidance
- Agricultural tenancies - GOV.UK guidance (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Department for Environment, Food and Rural Affairs
Government department responsible for environmental protection, food production and standards, agriculture, fisheries, and rural communities. Sets environmental policy and works with agencies …
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