1 Development of statutory intervention

1.06 Before 1875, the relations of the parties to a tenancy of agricultural land were governed principally by common law. In the best traditions of the common law, this meant that effect was given to the terms of the tenancy agreement itself, with the law stepping in only to fill the gaps (often by reference to local custom) and to supply overriding obligations as to the manner of cultivation and certain other basic duties of the tenant.¹ Most agricultural tenancies were terminable by six months notice to quit at common law and there was, of course, no security of tenure, with the result that the tenant’s occupation of land was at best precarious.

1.07 Improving the land and farming profitably require forward planning, and the insecurity of tenants at common law was clearly a disincentive to long term improvement of buildings and land, as a tenant could find his interest terminated at any time without any prospect of reaping the reward of his labours.

1.08 Statutory intervention to improve the legal position of the agricultural tenant began with the Agricultural Holdings (England) Act 1875, which conferred qualified rights to the payment of compensation for improvements, and gave tenants the right to remove fixtures erected at their own expense. The Agricultural Holdings (England) Act 1883 prohibited contracting out,² thus making payment of compensation for improvements obligatory. It also extended the period required for notices to quit to 12 months.³ The list of improvements for which compensation could be claimed was extended by the Agricultural Holdings Act 1906, which gave tenants for the first time the right to claim compensation for damage done by game, enhanced rights to compensation for improvements and the right to claim compensation for disturbance.⁴ The extant legislation was consolidated in the Agricultural Holdings Act 1908, and then the Agricultural Holdings Act 1923.

1.09 The next major landmark was the Agriculture Act 1947, which completed the modern statutory framework by introducing security of tenure.

1.10 Security of tenure for agricultural tenants was significantly extended by Part II of the Agriculture (Miscellaneous Provisions) Act 1976. This provided that certain close relatives of a deceased tenant could succeed to his tenancy, subject to the requirements that they prove themselves ‘eligible’ and ‘suitable’ to take on the tenancy. Two successions are possible under tenancies subject to the 1976 Act.