Contents
Preface
Tables of Statutes
Table of Statutory Instruments
Table of EU Legislation
Table of Cases
Section I Introduction
Chapter 1: Agricultural land tenure and protective legislation
AIntroduction
1‘Agricultural Law’ – its scope and objects
2Agricultural Tenancy Legislation
3Organisation of this Work
BAgricultural Tenure: An Historical Introduction
1Development of statutory intervention
2The Northfield Report
3The Agricultural Holdings Act 1984
CThe Agricultural Holdings Act 1986
1Consolidation and amendment
2Protective legislation – principles of protection
DFarm Business Tenancies
1The Agricultural Tenancies Act 1995
2Farm Business Tenancies and Farm Diversification
EThe Tenancy Reform Industry Group (‘TRIG’)
1TRIG: Establishment and Terms of Reference
2The TRIG Reform Proposals
3Implementation of TRIG Reform Proposals
Chapter 2: Land use and the law of the Common Agricultural Policy
AAgriculture, land use and the environment
1Designation of areas for protection
2Planning Policy and Development control
3Town and country planning: development rights
BLand use and the Common Agricultural policy
1Introduction
2The Common Agricultural Policy – Guiding Principles
3Land use and the Environment within the CAP
CRural Development and Agri-environmental Measures
1Agri-Environment Measures and the CAP
2The 2005 Rural Development Regulation
3Rural Development and the 2020 Reform Process
Section II The Law of Land Tenure
Chapter 3: Farm Business Tenancies
AFarm Business Tenancies Defined
1Application of Agricultural Tenancies Act 1995
2‘Farm Business’
BCreating a Farm Business tenancy
1The Business Condition
2The Agriculture Condition
3The Notice Conditions
4Preservation of Agricultural Holdings Act Status: the Exclusions
BContract of Tenancy
1Introduction – Freedom of Contract
2Length of Term
3Obligations as to Husbandry
4Break Clauses and Repossession of Part
5Proviso for Re-entry and Forfeiture
6Covenant Against Alienation
7User Covenants
8Agri-Environment Schemes
9Residence clause
10Repairing and Insurance Obligations
11Tenancy Agreements: Implications of the Basic Payment Scheme
CRent and Rent Review
1Freedom of Contract or Statutory Review?
2Excluding Statutory Rent Reviews
3Frequency of Rent Review
3Valuing the Rent
4Procedure on Rent Review
Chapter 4: Termination of Farm Business Tenancies
AFixed Term Tenancies
1Terms over Two Years – Statutory Continuation
2Tenancies for Two Years or Less
3Severance of Reversion
4Break Clauses
5Leases for Lives
6Forfeiture
BPeriodic Tenancies
1Yearly Tenancies
2Other Periodic tenancies
3Joint Tenants
4Sub-tenants
COther Modes of Termination
1Surrender
2Merger
DFixtures and Compensation
1The Legal Framework for Compensation
2Fixtures and Buildings
3Compensation for Improvements
Chapter 5: Agricultural Holdings
AScope of Agricultural Holdings Act 1986
B‘Agricultural Holding’ Defined
1Aggregate of agricultural land
2‘Agriculture’ defined
3Agricultural land
4‘Substantial’ agricultural user
5Unlawful use
6Change of user
7Use in connection with a trade or business
CLegal Interests Protected
1The protected annual tenancy
2Statutory extension of tenure
3Tenancies for two years or more
4Extension in lieu of claim for emblements
5Arbitration as to terms of tenancy
6Street v Mountford and agricultural tenure
DExceptions to Statutory Protection
1Grazing and Mowing Agreements
2Ministry consents
3Agreements made before 1 March, 1948
4Tenancies or licences granted by persons with limited interests
5Lettings for fixed periods of between one and two years (‘Gladstone v Bower tenancies’)
6Gratuitous licences
7Tenancies granted to office holders
EAlternative Modes of Tenure
1Joint ventures and share farming
2General Partnerships
FAgricultural Holdings and Other Protective Codes
1Agricultural Holdings and the Landlord and Tenant Act 1954
2Agricultural Holdings and the Rent Acts
Chapter 6: Agricultural Holdings: The Tenancy Agreement
AIntroduction
1A Framework of Statutory Rights
2The Tenancy Agreement: Formalities for Creation
BThe Tenancy Agreement
1Right to a written tenancy
2Husbandry and estate management: statutory standards
3Express covenants: statutory variation
4Miscellaneous statutory rights
5Express Leasehold Covenants
BFixed Equipment
1Direction to provide or alter fixed equipment
2Maintenance and Repair of Fixed Equipment: the ‘Model Clauses’
3Fixtures and Buildings – Right of Removal
4Record of condition of holding and fixed equipment
CRent and Rent Review
1Procedure on Rent Review
2Frequency of rent reviews
3Valuing the Rent
4Distress for unpaid rent
Chapter 7: Agricultural Holdings: Security of Tenure
ARestrictions on Notices to Quit
1Introduction
2Validity of notice to quit: issues of construction
3Length of notice: statutory requirements
4Unqualified notice to quit: counter notice
5Tribunal consent to operation of notice to quit
BRepossession of part of a holding
1Notice to quit part
2Enlargement of notice to quit
3Reduction in rent
CRemoval of Security: The Cases for Possession
1Notice to quit and preliminary notices
2Arbitration on notices to quit
3Lapse of demand for arbitration
4Notice to quit in alternative
5Postponement of notice to quit
6Arbitration on notices to remedy
DThe Cases for Possession
Case A: Retirement of Statutory Smallholders
Case B Non Agricultural Use
Case C: Certificate of Bad Husbandry
Case D: Remediable Breach of Tenancy
Case E: Irremediable Breach of Tenancy
Case F: Insolvency of Tenant
Case G: Death of Tenant
Case H: Ministry Certificate
DProviso for re-entry and forfeiture
1Relevance of the General Law
2Forfeiture and the Agricultural Holdings Acts
EJoint and derivative interests
1Joint tenancies: some problems defined
2Sub-tenancies of Agricultural land
Chapter 8: Statutory succession to agricultural holdings
AScope of statutory succession scheme
BSuccession on death
1General
2More than one application
3Exclusion of insecure interests
4Two successions only
4.1Succession Events that ‘Count’
4.2Retrospectivity
5Succession limited to close relatives
6Eligibility for succession
7The ‘livelihood condition’
8The Occupancy Condition
9Succession to one commercial unit only
10‘Suitability’ for succession
11Applications re more than one holding
12Landlord’s notice to quit
13Direction for succession tenancy: effects
14Arbitration on terms of new tenancy
CSuccession on retirement
1Introduction
2Retirement notice
3Eligibility of the nominated successor
4Application for tenancy
5Retirement notice and notices to quit
6Landlord’s notice to quit
7Dismissal of application
8Effect of direction entitling the nominated successor to a tenancy of the holding
9Sub-tenancies
10Arbitration on the terms of the new tenancy
11Death of retiring tenant
12Effect of direction on succession to other holdings
13Interaction of retirement and death provisions
14Voluntary succession on retirement
Chapter 9: Agricultural Holdings: Compensation on Termination of Tenancy
AIntroduction
1Compensation for Agricultural Improvements
2Notice of intention to claim
3Surrender and Regrant: Preservation of Compensation Claims
BLandlord’s claims on Termination
1Statutory claim for dilapidations
2Claim under contract of tenancy
3General deterioration
4Contracting out
5Series of tenancies
6Compensation as to part of holding
CTenant’s claims on Termination
1Compensation for new (‘relevant’) improvements
2Short-term improvements
3Tenant Right
4Compensation for adoption of special system of farming
5Compensation for disturbance
8Early resumption clauses
9Notice to quit part of holding
10Severance of reversion
11Permanent pasture
12No contracting out
Chapter 10: Market Gardens, Smallholdings and Allotments
AMarket gardens
1Market gardens – definition
2Special rights of tenant
BSmallholdings
1Smallholdings authorities
2Tenancies of smallholdings
CAllotments
1Allotments and allotment gardens: definition
2Compensation on termination
3Allotment gardens: notice to quit
4Removal of fruit trees, bushes, etc
Chapter 11: Farm Cottages
AIntroduction
BProtected Agricultural Occupancies
1Qualifying for Protection
2The Statutory Tenancy
3Security of Tenure
4Subtenants
5Succession Rights
CTransitional Provisions
DAssured Agricultural Occupancies
1Qualifying for Protection
2The Agricultural Worker Condition
3Security of Tenure and Rent Control
EAssured Shorthold Tenancies
1Shortholds and the Tied Cottage legislation
2Granting an Assured Shorthold Tenancy
3Terminating an Assured Shorthold Tenancy
FRehousing Former Agricultural Workers
G Availability of Premises for Tied Lettings
Section III The Law of Land Use
Chapter 12: Planning Law and Development Control
AAgricultural Land Use and Development Control
1Introduction
2Planning policy, the rural economy and the environment
3Planning Permission and Development Control
4Landlord and Tenant
BPermitted Agricultural Development Rights
1The General Development Order (‘GDO’)
2Limitation of development rights
3Two Categories of Development Rights
CClass A: development on units of 5 hectares or more
1Permitted development
2Development not permitted
2Scope of Class A rights
3‘Reasonably necessary’
4Nature of Permitted Development Under Class A
5Limitations on Permitted Development
6Conditions on Permitted Development Rights
7Notification requirements
Class B: development on units of less than 5 hectares
1Permitted development
2Scope of Class B rights
3Permitted Development
Class C: Mineral working for agricultural purposes
Permitted development
Conversion of Former Agricultural Buildings
1Conversion of Agricultural Buildings to Dwelling House(s)
2Conversion of Agricultural Buildings to School or Nursery Use
3Conversion of Agricultural Buildings to Flexible Commercial Use
4Relationship with Part 6 Development Rights
DEnvironmental impact assessment
1The Environmental Assessment Directive
2Planning Applications for ‘EIA Development’
3Screening of Development Consent Applications
4Projects subject to Environmental Impact Assessment
5The Environmental Statement
6Unauthorised Development
7Withdrawal of Permitted Development Rights
8The Agriculture EIA Regulations – Rural Land Projects
ETree Preservation Orders
1Power to Make Tree Preservation Orders
2Trees in Conservation Areas
FProtection of Hedgerows
1Scope of Hedgerow Protection
2Restrictions on Hedgerow Operations
Chapter 13: Agriculture, Nature Conservation and Land Use
ANature Conservation legislation
1The ‘Voluntary’ Principle.
2The UK Conservation Bodies
BDesignation of special areas for protection
1Sites of Special Scientific Interest (‘SSSIs’)
2European Sites
3Environmentally Sensitive Areas (‘ESAs’)
4National Parks
5Areas of Outstanding Natural Beauty
6Nature Reserves
7Limestone Pavement Orders
CManagement Agreements
1Availability of management agreements
2Land Tenure and management agreements
3Payments under management agreements
DNature conservation and development control
1Land Use Planning and Nature Conservation
2Development Plans
3Development Control in SSSIs
4Development Control in European Sites
5Permitted Development Rights in European Sites
Chapter 14: Pollution Control and Land Use
AIntroduction
BWater pollution
1Agricultural pollution – the problems.
2Legislative policies towards agricultural pollution
3Water quality standards and environmental permits
4Water pollution offences
5Preventive measures – silage and slurry storage
6Implementing the European Nitrates Directive
7Nitrate Sensitive Areas
8Nitrate Vulnerable Zones
9Water protection zones
10Code of Good Agricultural Practice.
CAerial pollution
1Statutory nuisances
2Integrated pollution prevention and control: Pig and poultry installations
3Burning of crop residues
4Heather and Grass Burning
DAgricultural waste
1Introduction
2Definition of agricultural ‘waste’
3The duty of care
4Temporary storage of waste
5Disposal of waste off-farm
6Disposal by waste management companies
7Licence exemptions for low-risk waste
8Disposal on-farm
9Hazardous waste
EPollution control and ‘good agricultural practice’
1Good practice and the ‘right to farm’
2The Code of Good Agricultural Practice
Chapter 15: Land Use and the Common Agricultural Policy
AThe basic payment scheme
1Introduction
2The basic payment scheme – European law
3Implementation of the Basic Payment Scheme
4Unlocking the Basic Payment – Qualifying Rules
5Appeals against Determinations by the Secretary of State
6Integrated Administration and Control System
B‘Cross compliance’ and land management
1Cross compliance and payment conditionality
2Requirement to maintain land in good agricultural and environmental condition (‘GAEC’)
3Soil protection
4Protection of watercourses
5Protection of hedgerows and trees
6Protection of stone walls and banks
7Compliance with statutory obligations
8Compliance and Non-Compliance – Defences
9Penalties for Non Compliance
10Cross-compliance and the Polluter Pays Principle
Appendix Dispute resolution
Appendix 1 Agricultural Holdings: Table of Time Limits for Service of Notices, etc
Appendix 2: Dispute Resolution
2.1Arbitration
2.1.1 Agricultural holdings and farm business tenancies: matters referable to arbitration under the Arbitration Act 1996
2.1.2 Arbitration Act 1996
2.2Tribunal proceedings
2.2.1 Tribunal jurisdictions
2.2.2 The First-Tier Tribunal (England)
2.2.3 The Agricultural Land Tribunal (Wales only)
Appendix 3 : Maintenance and Repair of Fixed Equipment: the Model Clauses for Tenancy Agreements
Index