Farm business tenancies

The Agricultural Tenancies Act 1995 (ATA 1995) introduced farm business tenancies to replace the old-style agricultural holding (under the Agricultural Holdings Act 1986 (AHA 1986) — see: Agricultural holdings (formerly 'Agricultural Holdings Act tenancies')—overview).

The regimes applied by AHA 1986 and ATA 1995 are mutually exclusive, so it is imperative to identify correctly which form of tenancy is in issue. Moreover, if the tenancy is a farm business tenancy it cannot be a tenancy which is protected under Part II of the Landlord and Tenant Act 1954 (LTA 1954).

A tenancy of agricultural land created on or after 1 September 1995 will be a farm business tenancy if it meets:

•
the ‘Business Conditions’ and either
1. ◦
  the ‘Notice Conditions’, or
2. ◦
  the ‘Agriculture Condition’

See Practice Note: Identifying a farm business tenancy.

The Business Conditions

All or part of the land must at all times during the tenancy be farmed for trade or business (not necessarily an agricultural trade or business).

The Notice Conditions

Before the tenancy begins, the proposed landlord and tenant

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