Index

[All references are to paragraph number]

A

Abandonment of agricultural use

agricultural holdings, and, 5.19

Aerial pollution

Code of Good Agricultural Practice, 14.55, 14.105

crop residue burning, 14.76–14.80

heather and grass burning, 14.81–14.82

integrated pollution prevention and control

best available techniques, 14.71–14.73

enforcement, 14.75

environmental permit, 14.67–14.70

fertiliser manufacture, 14.74

introduction, 14.62–14.64

pesticide manufacture, 14.74

scope, 14.65–14.66

introduction, 14.54A

odour and smoke emissions

abatement notices, 14.56–14.57

criminal liability, 14.58

development control, and, 14.59–14.61

introduction, 14.55

pig and poultry installations, 14.62–14.76

statutory nuisances, 14.55–14.61

Agenda 2000

generally, 2.18–2.19

introduction, 2.14

Mid-term Review, 2.20

rural development, 2.37–2.39

Aggregate of agricultural land

‘a contract of tenancy’, 5.06

generally, 5.05

Agricultural holdings

abandonment of agricultural use, 5.19

agreements

arbitration as to terms, 6.09–6.11

conservation covenant, 6.45

covenant against alienation, 6.12–6.18, 6.40–6.42

creation, 6.04

distress for unpaid rent, 6.161–6.165

estate management obligations, 6.19–6.23

express covenants, 6.24–6.31

express leasehold covenants, 6.36–6.56

fixed equipment, 6.47–6.49, 6.57–6.101

fixtures and buildings, 6.102–6.108

formalities, 6.04

good husbandry clause, 6.37

husbandry obligations, 6.19–6.23

miscellaneous statutory rights, 6.32–6.35

quota clauses, 6.50–6.56

record of condition of holding and equipment, 6.109

re-entry and forfeiture, 6.43–6.44

removal of fixtures, 6.102–6.108

rent review, 6.110–6.128

rent valuations, 6.129–6.160

repair and maintenance, 6.47–6.49, 6.63–6.101

residence, 6.46

right to written document, 6.06–6.18

Schedule 1 terms, 6.07–6.08

short notice clause, 6.38–6.39

statutory framework, 6.01–6.03

aggregate of agricultural land

‘a contract of tenancy’, 5.06

generally, 5.05

Agricultural Holdings Act 1986

application of, 5.01

scope, 5.01–5.03

agricultural land

generally, 5.12

‘land’, 5.13

size, 5.14

Agricultural tenancy agreements

arbitration as to terms, 6.09–6.11

conservation covenant, 6.45

covenant against alienation

express leasehold covenants, and, 6.40–6.42

generally, 6.12

inclusion of statutory covenant, 6.16–6.18

statutory bar pending arbitration, 6.13–6.15

creation, 6.04

cropping, 6.26–6.29

damage by game, 6.32

disposal of produce, 6.26–6.29

distress for unpaid rent

generally, 6.161

limitation on rent recoverable, 6.162

property subject to third party interest, 6.163–6.165

entry powers, 6.34–6.35

estate management obligations

generally, 6.19

‘good estate management’, 6.22

‘good husbandry’, 6.23

standard of cultivation and management, 6.20–6.21

express covenants

cropping, 6.26–6.29

disposal of produce, 6.26–6.29

generally, 6.24

penal rents, 6.31

permanent pasture, 6.25

removal of manure, 6.30

repair and maintenance, 6.47–6.49

residence, 6.46

express leasehold covenants

conservation covenant, 6.45

covenant against alienation, 6.12–6.18

generally, 6.36

good husbandry, 6.37

quota clauses, 6.50–6.56

re-entry, 6.43–6.44

repair and maintenance, 6.47–6.49

residence, 6.46

short notice clause, 6.38–6.39

fixed equipment

direction to provide or alter, 6.58–6.62

generally, 6.57–6.101

repair and maintenance, 6.47–6.49, 6.63–6.101

fixtures and buildings

right of removal, 6.102–6.108

forfeiture, 6.43–6.44

formalities, 6.04

good estate management, 6.22

good husbandry, 6.23, 6.37

husbandry obligations

generally, 6.19

‘good estate management’, 6.22

‘good husbandry’, 6.23

standard of cultivation and management, 6.20–6.21

insurance, 6.83

manure, 6.30

miscellaneous statutory rights, 6.32–6.35

pasture, 6.25

penal rents, 6.31

permanent pasture, 6.25

power of entry, 6.34–6.35

produce, 6.26–6.29

proviso for re-entry, 6.43–6.44

quota clauses, 6.50–6.56

record of condition of holding and equipment, 6.33, 6.109

re-entry and forfeiture, 6.43–6.44

removal of fixtures, 6.102–6.108

removal of manure, 6.30

rent

distress for unpaid rent, 6.161–6.165

introduction, 6.110

review, 6.111–6.128

valuations, 6.129–6.160

rent review

adoption of special system of farming, 6.154

contracting out, 6.158–6.160

current level for comparable lettings, 6.142–6.148

date of reference for valuation purposes, 6.120

demand for arbitration, 6.111–6.114

dilapidations by tenant, 6.157

factors to be disregarded, 6.151–6.157

fixed equipment, 6.152–6.153

frequency, 6.124–6.128

generally, 6.110

landlord’s improvements, 6.155

lapse of demand, 6.121–6.123

marriage value in comparable lettings, 6.147

premium value in comparable lettings, 6.148

procedure, 6.111–6.123

relevance of farm business tenancy rents, 6.149–6.150

scarcity value in comparable lettings, 6.144–6.146

severance of reversionary estate, 6.116–6.119

surrender and regrant, 6.129

tenant’s occupation, 6.156

tenant’s improvements, 6.152–6.153

three yearly review cycle, 6.125–6.128

withdrawal of demand for arbitration, 6.115

rent valuations

all relevant factors, 6.131–6.134

character of holding, 6.136

‘productive capacity’, 6.137–6.138

‘related earning capacity’, 6.139–6.141

rent properly payable, 6.129–6.130

specific factors, 6.135–6.160

terms of the tenancy, 6.136

repair and maintenance of fixed equipment

exterior repairs and replacements, 6.70–6.72

generally, 6.47–6.49

insurance, 6.83

introduction, 6.63–6.65

landlord’s rights and liabilities, 6.79–6.86

maintenance, 6.84–6.86, 6.90

Model clauses, 6.63–6.69

Model clauses (1973), 6.70–6.74

Model clauses (2015), 6.75–6.90

non-structural repairs, 6.73–6.74

principles of incorporation, 6.66–6.69

redundant buildings, 6.101

remedies under General Law, 6.94–6.100

remedies under Model Clauses, 6.91–6.93

rights and liabilities, 6.79–6.90

structural repairs and replacements, 6.70–6.72

tenant’s rights and liabilities, 6.87–6.90

residence, 6.46

right of removal of fixtures and buildings

conditions for exercise, 6.105–6.108

excluded classes of fixture, 6.104

introduction, 6.102

statute, under, 6.103–6.104

right to written document, 6.06–6.18

Schedule 1 terms

arbitration, 6.09–6.11

generally, 6.07–6.08

short notice clause, 6.38–6.39

standard of cultivation and management, 6.20–6.21

statutory framework, 6.01–6.03

‘agriculture’

generally, 5.07

livestock keeping and breeding, 5.09

nature of definition, 5.08

use of land as grazing land, 5.10–5.11

alienation

express leasehold covenants, and, 6.40–6.42

generally, 6.12

inclusion of statutory covenant, 6.16–6.18

statutory bar pending arbitration, 6.13–6.15

alternative modes of tenure

general partnerships, 5.84–5.88

introduction, 5.76

joint ventures, 5.77–5.83

partnerships, 5.84–5.88

share farming, 5.77–5.83

annual tenancies, 5.27

arbitration as to terms of tenancy, 5.50

business connection, 5.26

business tenancies, and

change of user, 5.94–5.95

compensation for improvements and disturbance, 5.92

generally, 5.89–5.90

possession, 5.93

tenancies at will, 5.91

change of user

abandonment of agricultural use, 5.19

change to agricultural use, 5.20–5.24

generally, 5.18

protected status tenancy, and, 5.25

compensation on termination

agricultural improvements, for, 9.01

application of provisions, 9.02

introduction, 9.01–9.02

landlord’s claims, 9.08–9.22

notice of intention to claim, 9.04–9.06

preservation of claims, 9.07

surrender and re-grant, and, 9.07

tenant’s claims, 9.23–9.54

connection with a trade or business, 5.26

conservation covenant, 6.45

‘contract of tenancy’, 5.06

conversion into yearly tenancies

generally, 5.28–5.31

licences, of, 5.36–5.41

limits, 5.42–5.45

short term lets, of, 5.32–5.35

covenant against alienation

express leasehold covenants, and, 6.40–6.42

generally, 6.12

inclusion of statutory covenant, 6.16–6.18

statutory bar pending arbitration, 6.13–6.15

definition

aggregate of agricultural land, 5.05–5.06

agricultural land, 5.12–5.14

agriculture, 5.07–5.11

change of user, 5.18–5.25

introduction, 5.04

substantial agricultural user, 5.15–5.16

unlawful use, 5.17

use in connection with a trade or business, 5.26

distress for unpaid rent, 6.161–6.165

estate management obligations, 6.19–6.23

exceptions to protected interests

Gladstone v Bower tenancies, 5.71–5.73

gratuitous licences, 5.74

grazing agreements, 5.54–5.61

introduction, 5.53

lettings for fixed periods of between one and two years, 5.71–5.73

licences granted by persons with limited interests, 5.70

Ministry consents, 5.62–5.68

mowing agreements, 5.54–5.61

office holders, 5.75

pre-1 March 1948 agreements, 5.69

express covenants

general, 6.24–6.31

leasehold, 6.36–6.56

extension in lieu of claim for emblements, 5.49

fixed equipment

direction to provide or alter, 6.58–6.62

generally, 6.57

repair and maintenance, 6.47–6.49, 6.63–6.101

fixtures and buildings, 6.102–6.108

general partnerships, and, 5.84–5.88

Gladstone v Bower tenancies, 5.71–5.73

good husbandry clause, 6.37

gratuitous licences, 5.74

grazing agreements

contemplated user, 5.57–5.58

generally, 5.54

period of let, 5.55–5.56

series of lets, 5.59–5.61

grazing land, 5.10–5.11

Housing Act 1988, and, 5.103–5.106

husbandry obligations, 6.19–6.23

introduction, 1.03–1.04

joint ventures, and, 5.77–5.83

‘land’, 5.13

Landlord and Tenant Act 1954, and

change of user, 5.94–5.95

compensation for improvements and disturbance, 5.92

generally, 5.89–5.90

possession, 5.93

tenancies at will, 5.91

lettings for fixed periods of between one and two years, 5.71–5.73

licences granted by persons with limited interests, 5.70

livestock keeping and breeding, 5.09

Ministry consents

generally, 5.62

section 2, under, 5.63–5.65

section 5, under, 5.66–5.68

mowing agreements

contemplated user, 5.57–5.58

generally, 5.54

period of let, 5.55–5.56

series of lets, 5.59–5.61

office holders, 5.75

partnerships, and, 5.84–5.88

pre-1 March 1948 agreements, 5.69

protected legal interests

annual tenancies, 5.27

arbitration as to terms of tenancy, 5.50

exceptions, 5.53–5.

extension in lieu of claim for emblements, 5.49

statutory extension of tenure, 5.28–5.45

Street v Mountfield, 5.51–5.52

tenancies for two years or more, 5.46–5.48

quota clauses, 6.50–6.56

record of condition of holding and equipment, 6.109

re-entry and forfeiture, 6.43–6.44

removal of fixtures, 6.102–6.108

Rent Acts, and

generally, 5.96–5.98

subtenant of non-tied accommodation, 5.101–5.102

tied agricultural accommodation, 5.99–5.100

rent review, 6.110–6.128

rent valuations, 6.129–6.160

repair and maintenance, 6.47–6.49, 6.63–6.101

residence, 6.46

right to written document, 6.06–6.18

Schedule 1 terms, 6.07–6.08

security of tenure

see also Security of tenure

arbitration on notices, 7.46–7.48

Cases for possession, 7.39–7.125

certificate of bad husbandry, 7.67–7.72

counter-notices, 7.15–7.17

death of tenant, 7.121–7.123

duration of notices, 7.10–7.14

failure to keep property in good repair, 7.90–7.104

failure to remedy other breach, 7.86–7.89

insolvency of tenant, 7.118–7.120

irremediable breach of tenancy, 7.113–7.117

joint tenancies, 7.130–7.145

Ministry certificate, 7.124

non-agricultural use, 7.56–7.66

non-payment of rent, 7.74–7.85

notices to quit, 7.01–7.31

postponement of notices, 7.50–7.51

proviso for re-entry and forfeiture, 7.126–7.129

remediable breach of tenancy, 7.73–7.112

repossession of part of building, 7.32–7.38

retirement of smallholders, 7.53–7.55

servicemen tenants, 7.125

sub-tenancies, 7.146–7.147

Tribunal consent to operation of notices, 7.18–7.31

unqualified notices, 7.15–7.17

validity of notices, 7.03–7.09

share farming, and, 5.77–5.83

short notice clause, 6.38–6.39

statutory extension of tenure

conversion of licences into yearly tenancies, 5.36–5.41

conversion of short term lets into yearly tenancies, 5.32–5.35

generally, 5.28–5.31

limits on statutory conversion, 5.42–5.45

statutory succession

see also Succession

death, on, 8.04–8.71

introduction, 8.01

retirement, on, 8.72–8.105

scope of scheme, 8.02–8.03

Street v Mountford, 5.51–5.52

substantial agricultural user, 5.15–5.16

succession on death

arbitration on terms of new tenancy, 8.68–8.71

close relatives restriction, 8.16

direction for tenancy, 8.60–8.67

eligibility, 8.17–8.19

extension of insecure interests, 8.10

general, 8.04–8.05

interaction with retirement provisions, 8.104

landlord’s notice to quit, 8.57–8.59

livelihood condition, 8.20–8.37

more than one application, 8.06–8.09

more than one holding application, 8.56

occupancy condition, 8.38–8.53

overview, 8.02–8.03

single commercial unit restriction, 8.53

suitability, 8.54–8.55

two successors restriction, 8.11–8.15

succession on retirement

application for tenancy, 8.81–8.86

arbitration on terms of new tenancy, 8.99

death of retiring tenant, 8.100–8.102

direction for tenancy, 8.95–8-97

dismissal of application, 8.86, 8.94

effect of direction on succession to other holdings, 8.103

eligibility of nominated successor, 8.79–8.80

greater hardship, 8.85

interaction with death provisions, 8.104

introduction, 8.72–8.73

landlord’s notice to quit, 8.93

notices to quit, and, 8.87–8.92

overview, 8.02–8.03

retirement notice, 8.74–8.78

sub-tenancies, 8.98

suitability, 8.82–8.83

voluntary arrangements, 8.105

tenancies for two years or more, 5.46–5.48

tenancy agreements

see also Agricultural tenancy agreements

arbitration as to terms, 6.09–6.11

conservation covenant, 6.45

covenant against alienation, 6.12–6.18, 6.40–6.42

creation, 6.04

distress for unpaid rent, 6.161–6.165

estate management obligations, 6.19–6.23

express covenants, 6.24–6.31

express leasehold covenants, 6.36–6.56

fixed equipment, 6.47–6.49, 6.57–6.101

fixtures and buildings, 6.102–6.108

formalities, 6.04

good husbandry clause, 6.37

husbandry obligations, 6.19–6.23

miscellaneous statutory rights, 6.32–6.35

quota clauses, 6.50–6.56

record of condition of holding and equipment, 6.109

re-entry and forfeiture, 6.43–6.44

removal of fixtures, 6.102–6.108

rent review, 6.110–6.128

rent valuations, 6.129–6.160

repair and maintenance, 6.47–6.49, 6.63–6.101

residence, 6.46

right to written document, 6.06–6.18

Schedule 1 terms, 6.07–6.08

short notice clause, 6.38–6.39

statutory framework, 6.01–6.03

termination

compensation, 9.01–9.54

trade connection, 5.26

TRIG reform proposals, and, 1.34

unlawful use, 5.17

use in connection with a trade or business, 5.26

Agricultural Holdings Act 1984

generally, 1.16–1.17

Agricultural Holdings Act 1986

amendments, 1.19

application of, 5.01

compensation on termination of tenancy, 1.24–1.25

introduction, 1.18–1.19

obligations of landlord and tenant, 1.21

principles of protection, 1.20–1.25

purpose, 1.18

scope, 5.01–5.03

security of tenure, 1.22–1.23

Agricultural land

generally, 5.12

‘land’, 5.13

size, 5.14

Agricultural land tribunal

see also First Tier Tribunal

consent to operation of notices to quit, and

agricultural research, 7.23

allotments, 7.24

conditions, 7.31

‘fair and reasonable landlord’, 7.30

good husbandry, 7.20–7.21

greater hardship, 7.24–7.28

grounds, 7.20–7.29

introduction, 7.18–7.19

non-agricultural use, 7.29

sound management of estate, 7.22

Agricultural law

scope, 1.01–1.02

Agricultural property relief

TRIG reform proposals, and, 1.36

Agricultural research

security of tenure, and, 7.23

Agricultural tenancies

legislation, 1.03–1.04

Agricultural Tenancies Act 1995

farm business tenancies

application of, 3.01–3.04

definitions, 3.01

excluded tenancies, 3.03

farm diversification, 1.28–1.31

introduction, 1.26–1.27

policy, 3.04

purpose, 3.02

farm diversification, 1.28–1.31

introduction, 1.26–1.27

Agricultural tenure

Agricultural Holdings Act 1984, 1.16–1.17

Agricultural Holdings Act 1986

amendments, 1.19

compensation on termination of tenancy, 1.24–1.25

introduction, 1.18–1.19

obligations of landlord and tenant, 1.21

principles of protection, 1.20–1.25

purpose, 1.18

security of tenure, 1.22–1.23

Agricultural Tenancies Act 1995

farm diversification, 1.28–1.31

introduction, 1.26–1.27

–

historical background

Agricultural Holdings Act 1984, 1.16–1.17

Agricultural Holdings Act 1986, 1.18–1.25

Agricultural Tenancies Act 1995, 1.26–1.31

introduction, 1.06–1.10

Northfield Report, 1.11–1.15

Tenancy Reform Industry Group (TRIG), 1.32–1.44

Northfield Report

introduction, 1.11–1.12

lettings without security of tenure, 1.15

lifetime succession, 1.14

succession rights, 1.13

statutory intervention, 1.06–1.10

Tenancy Reform Industry Group (TRIG)

establishment, 1.32

reform proposals, 1.33–1.44

terms of reference, 1.32

Agricultural user exemption

generally, 12.28–12.30

permitted development rights, and, 12.59

Agricultural waste

Code of Good Agricultural Practice, 14.84

definition, 14.85–14.88

disposal by waste management companies, 14.94

disposal off-farm, 14.93

disposal on farm, 14.97

duty of care, 14.89–14.91

hazardous waste, 14.98

introduction, 14.83–14.84

low-risk waste, and, 14.95–14.96

temporary storage, 14.92

‘waste’, 14.85–14.88

Agricultural worker condition

‘agricultural worker’, 11.49

cessation, 11.50–11.52

effect of cesser, 11.53

generally, 11.47–11.48

introduction, 11.45

purpose, 11.47

‘Agriculture’

generally, 5.07

livestock keeping and breeding, 5.09

nature of definition, 5.08

use of land as grazing land, 5.10–5.11

Agriculture condition

generally, 3.10–3.13

introduction, 3.01

Agri-environment agreements

Countryside Stewardship, 13.112–13.116

Environmental Stewardship Scheme, 13.106–13.111

environmentally sensitive areas, 13.101–13.105

Agri-environment schemes

Agenda 2000, 2.37–2.39

areas of protection, and, 2.05

Code of Practice, 1.38–1.40

farm business tenancies, and, 3.71–3.72

generally, 2.34–2.36

introduction, 2.02

land use, and, 2.13

Regulation, 2.16–2.17

Rural Development Regulation (1999), 2.40–2.42

Rural Development Regulation (2005), 2.43–2.47

Alienation

agricultural holdings, and

express leasehold covenants, and, 6.40–6.42

generally, 6.12

inclusion of statutory covenant, 6.16–6.18

statutory bar pending arbitration, 6.13–6.15

farm business tenancies, and, 3.59–3.66

Allotment gardens

compensation on termination, 10.28–10.32

definition, 10.23

notice to quit, 10.35

Allotments

compensation on termination

contracting out, and, 10.26

determination, 10.33–10.34

gardens, 10.28–10.32

generally, 10.25–10.27

recovery, 10.33–10.34

value, 10.27

cops, 10.25

definition, 10.23

fruit trees and bushes

compensation on termination, 10.25

removal, 10.36

gardens

compensation on termination, 10.28–10.32

definition, 10.23

notice to quit, 10.35

removal of fruit trees and bushes, 10.36

security of tenure, and, 7.24

simpliciter, 10.23

types, 10.23–10.24

Annual tenancies

agricultural holdings, and, 5.27

Appropriation of payments

non-payment of rent, and, 7.83

Arbitration

agricultural tenancy agreement, and, 6.09–6.11

notices to do work, on, 7.92–7.96

notices to quit, on

generally, 7.46–7.47

lapse of demand, 7.48

non-agricultural use, and, 7.66

remediable breach of tenancy, and, 7.97–7.99

notices to remedy, on, 7.52

Arbitration as to terms

agricultural holdings, and

generally, 5.50

tenancy agreements, 6.09–6.11

succession on retirement tenancy, and, 8.99

Areas of outstanding natural beauty

(AONB)

generally, 2.07

nature conservation, and, 13.82–13.87

Assignment

farm business tenancies, and, 3.59–3.66

Assured agricultural occupancies

‘agricultural worker condition’

‘agricultural worker’, 11.49

cessation, 11.50–11.52

effect of cesser, 11.53

generally, 11.47–11.48

introduction, 11.45

purpose, 11.47

conditions, 11.45

grounds for possession, 11.60–11.61

introduction, 11.43

qualifying for protection, 11.44–11.46

rent control, 11.57–11.59

security of tenure, 11.54–11.61

statutory periodic tenancy, 11.55–11.56

Assured shorthold occupancies

agricultural workers, 11.68–11.69

grant, 11.66–11.67

introduction, 11.63–11.65

termination, 11.70–11.74

b

Basic payment scheme (BPS)

And see Common Agricultural Policy

‘active farmer’ test

EU law, 15.07

generally, 15.28–15.30

‘agricultural area’, 15.22

appeals against determinations by Secretary of State, 15.35–15.36

‘at the disposal’, 15.24

compliance with statutory obligations, 15.60–15.74

crop diversification, 15.31

crop residue burning, 15.61

cross compliance

crop residue burning, 15.61

defences, and, 15.75

environmental impact assessment, 15.62

EU law, 15.14–15.17

GAEC, 15.43–15.47

generally, 15.39–15.42

heather and grass burning, 15.63–15.65

hedgerows, 15.53–15.57

public rights of way, 15.73–15.74

scheduled monuments, 15.71–15.72

sites of special scientific interest, 15.66–15.69

soil protection, 15.48–15.50

statutory obligations, 15.60–15.74

stone walls and banks, 15.58–15.59

tree preservation orders, 15.70

trees, 15.53–15.57

watercourses, 15.51–15.52

decoupling, and, 15.10

defences to non-compliance, 15.75

ecological focus areas

farm business tenancies, and, 3.101

generally, 15.32–15.34

‘eligible hectares’

farm business tenancies, and, 3.105

generally, 15.08

eligible land

farm business tenancies, and, 3.105

EU law, 15.08

generally, 15.22–15.24

environmental impact assessment, 15.62

EU law

cross compliance, 15.14–15.17

‘greening component’, 15.11–15.13

introduction, 15.05–15.10

transfer of funds, 15.18

farm business tenancies, and

ecological focus area, 3.101

eligible hectares, 3.105

entitlements to payment, 3.85–3.100

GAEC, 3.101

‘greening’ conditions, 3.101–3.106

introduction, 3.83

key facets, 3.84

land use terms, 3.101–3.106

protection clauses, 3.85–3.92

quota protection clauses, 3.93–3.100

set aside land, 3.102–3.103

transfer of entitlements, 3.87–3.89

user clauses, 3.90–3.92

features, 15.05–15.06

good agricultural and environmental condition (GAEC)

farm business tenancies, and, 3.101

generally, 15.43–15.47

introduction, 15.16

generally, 2.26–2.33

‘greening component’

ecological focus areas, 15.32–15.34

EU law, 15.11–15.13

farm business tenancies, and, 3.101–3.106

generally, 15.31

overview, 15.06

heather and grass burning, 15.63–15.65

hedgerows, 15.53–15.57

implementation, 15.19–15.21

integrated administration and control system (IACS), 15.37–15.38

introduction, 15.01–15.04

land predominately used for agriculture, 15.25–15.27

legal framework, 15.05

non-compliance

defences, 15.75

penalties, 15.76

payment conditionality, 15.39

penalties for non-compliance, 15.76

polluter pays principle, and, 15.77–15.78

public rights of way, 15.73–15.74

qualifying rules

‘active farmer’ test, 15.28–15.30

eligible land, 15.22–15.24

‘greening component’, 15.31–15.36

predominately used for agriculture, 15.25–15.27

quota protection clauses, 3.93–3.100

reversion of entitlements, 15.09

scheduled monuments, 15.71–15.72

set aside land, 3.102–3.103

sites of special scientific interest, 15.66–15.69

soil protection, 15.48–15.50

statutory management requirements

EU law, 15.15–15.17

generally, 15.39

stone walls and banks, 15.58–15.59

transfer of funds, 15.18

tree preservation orders, 15.70

trees, 15.53–15.57

user clauses, 3.90–3.92

watercourses, 15.51–15.52

Biodiversity protection

agri-environmental measures, and, 2.35

generally, 2.08

rural development, and, 2.44

Break clauses

farm business tenancies, and

death of tenant, 3.56

fixed term tenancies, 4.09–4.13

generally, 3.50

length of notice, 3.51–3.53

repossession of part, 3.54–3.55

Business asset taper relief

TRIG reform proposals, and, 1.36

Business conditions

generally, 3.08–3.09

introduction, 3.01

Business connection

agricultural holdings, and, 5.26

Business tenancies

change of user, 5.94–5.95

compensation for improvements and disturbance, 5.92

generally, 5.89–5.90

possession, 5.93

tenancies at will, 5.91

C

Cases for possession (Agricultural

Holdings)

arbitration on notices to quit

generally, 7.46–7.47

lapse of demand, 7.48

non-agricultural use, and, 7.66

remediable breach of tenancy, and, 7.97–7.99

certainty, 7.42–7.45

certificate of bad husbandry, 7.67–7.72

death of tenant, 7.121–7.123

failure to keep property in good repair

arbitration on notice to do work, 7.92–7.96

arbitration on notice to quit, 7.97–7.99

introduction, 7.90–7.91

Tribunal consent to notice to quit, 7.10–7.104

failure to remedy not involving work, 7.105–7.110

failure to remedy other breach, 7.86–7.89

insolvency of tenant, 7.118–7.120

introduction, 7.39–7.41

irremediable breach of tenancy, 7.113–7.117

Ministry certificate, 7.124

non-agricultural use

arbitration on notice to quit, 7.66

generally, 7.56–7.66

not requiring planning permission, 7.63–7.65

scope of Case, 7.56–7.59

Tribunal consent to operation of notices, 7.29

with planning permission, 7.60–7.62

non-payment of rent

appropriation of payments, 7.83

mode of payment, 7.81

notice to pay, 7.74–7.80

notice to quit, 7.84–7.85

tender of payment, 7.82

postponement of notices, 7.50–7.51

remediable breach of tenancy

failure to keep property in good repair, 7.90–7.104

failure to remedy not involving work, 7.105–7.110

failure to remedy other breach, 7.86–7.89

human rights, and, 7.111–7.112

introduction, 7.73

non-payment of rent, 7.74–7.85

retirement of smallholders, 7.53–7.55

Certainty

notices to quit, and

Case relied upon, 7.45

generally, 7.03

source of obligations breached, 7.44

type of notice, 7.42–7.43

Certificate of bad husbandry

security of tenure, and, 7.67–7.72

Change of user

agricultural holdings, and

abandonment of agricultural use, 5.19

change to agricultural use, 5.20–5.24

generally, 5.18

protected status tenancy, and, 5.25

Close relatives

succession on death, and, 8.16

Code of Good Agricultural Practice

aerial pollution, 14.55, 14.105

agricultural waste, 14.84

generally, 14.100–14.107

introduction, 14.02

soil, 14.106–14.107

water pollution, 14.54, 14.101–14.104

Code of Practice for Agri-Environment

Schemes and Diversification

TRIG reform proposals, and, 1.38–1.40

‘Command and control’ model

pollution, and, 14.02

Common Agricultural Policy (CAP)

Agenda 2000, and

generally, 2.18–2.25

rural development, 2.37–2.38

agri-environment measures, 2.34–2.42

Agri-Environment Regulation, 2.16

basic payment scheme

‘active farmer’ test, 15.07, 15.28–15.30

‘agricultural area’, 15.22

appeals against determinations by Secretary of State, 15.35–15.36

‘at the disposal’, 15.24

compliance with statutory obligation, 15.60–15.

crop residue burning, 15.61

crop diversification, 15.31

cross compliance, 15.14–15.18, 15.39–15.73

decoupling, and, 15.10

defences to non-compliance, 15.75

ecological focus areas, 15.32–15.34

‘eligible hectares’, 15.08

eligible land, 15.22–15.24

environmental impact assessment, 15.62

EU law, 15.05–15.18

features, 15.05–15.06

good agricultural and environmental condition, 15.16, 15.43–15.47

generally, 2.26–2.33

‘greening component’, 15.06, 15.11–15.13, 15.31–15.36

heather and grass burning, 15.63–15.65

hedgerows, 15.53–15.57

implementation, 15.19–15.21

integrated administration and control system, 15.37–15.38

introduction, 15.01–15.04

land predominately used for agriculture, 15.25–15.27

legal framework, 15.05

non-compliance, 15.75–15.76

payment conditionality, 15.39

penalties for non-compliance, 15.76

polluter pays principle, 15.77–15.78

public rights of way, 15.73–15.74

qualifying rules, 15.22–15.34

reversion of entitlements, 15.09

scheduled monuments, 15.71–15.72

sites of special scientific interest, 15.66–15.69

soil protection, 15.48–15.50

statutory management requirements, 15.15–15.17, 15.39

stone walls and banks, 15.58–15.59

transfer of funds, 15.18

tree preservation orders, 15.70

trees, 15.53–15.57

watercourses, 15.51–15.52

cross-compliance

basic payment scheme, 2.26

environmental management, 2.17

‘greening’ conditions, 2.30–2.33

introduction, 2.13

rural development, 2.45

single farm payment, 2.21–2.25

environmental conditionality, 2.30

environmental protection, 2.15

EU Directives, 2.15

Europe 2000, and

generally, 2.26–2.33

rural development, 2.49–2.54

farm subsidy payments, 2.18

GAEC standards, 2.30–2.31

generally, 2.16–2.17

‘greening’ conditions, 2.26–2.29

guiding principles, 2.14

introduction, 2.13

management requirements, 2.33

McSharry Proposals

generally, 2.16

rural development, 2.36

Mid-term Review of Agnda 2000, 2.20

Natura 2000 sites, 2.26

objectives, 2.14

overview, 2.02

rural development

Agenda 2000, and, 2.37–2.38

CAP programmes, 2.05

cross compliance, 2.32

EAFRD, 2.49

EU Regulation (1999), 2.40–2.42

EU Regulation (2005), 2.43–2.48

EU Regulation (2013), 2.28, 2.49–2.54

Europa 2000, and, 2.49–2.54

funding, 2.49

generally, 2.34–2.35

guiding principles, 2.14

introduction, 2.02

McSharry Proposals, and, 2.36

objectives, 2.50

priorities, 2.51

single farm payment, 2.18–2.25

standards of good agricultural and environmental condition of land, 2.30–2.31

TFEU, and, 2.14

Compensation

agricultural holdings, and

agricultural improvements, for, 9.01

application of provisions, 9.02

introduction, 9.01–9.02

landlord’s claims, 9.08–9.22

notice of intention to claim, 9.04–9.06

preservation of claims, 9.07

surrender and re-grant, and, 9.07

tenant’s claims, 9.23–9.54

allotments, and

contracting out, and, 10.26

determination, 10.33–10.34

gardens, 10.28–10.32

generally, 10.25–10.27

recovery, 10.33–10.34

value, 10.27

farm business tenancies, and

fixtures, for, 4.48–4.54

generally, 4.46–4.47

improvements, for, 4.55–4.96

‘land’, 4.48

legal framework, 4.46–4.47

planning permission, for, 4.62–4.65

market gardens, and

incoming tenant, 10.09

termination, on, 10.04–10.05

milk quotas, and, 9.03

tree preservation orders, and, 12.195

Compensation (agricultural holdings)

agricultural improvements, for, 9.01

application of provisions, 9.02

contracting out, and

landlord’s claims, 9.18

tenant’s claims, 9.54

deterioration, for, 9.16–9.17

dilapidations, for, 9.09–9.12

disturbance, for

additional amount, 9.49

basic amount, 9.47–9.48

consequential provisions, 9.49

introduction, 9.43

qualifying conditions, 9.44–9.46

early resumption clauses, 9.50

general deterioration, for, 9.16–9.17

introduction, 9.01–9.02

landlord’s claims

contract of tenancy, under, 9.13–9.15

contracting out, 9.18

dilapidations, for, 9.09–9.12

general deterioration, 9.16–9.17

introduction, 9.08

part of holding, 9.21–9.22

series of tenancies, 9.19–9.20

statute, under, 9.09–9.12

new ‘relevant’ improvements, for

consent of landlord or tribunal, requiring, 9.28–9.30

deemed consent of landlord, 9.31

hill farming, 9.31

housing, 9.31

introduction, 9.25

new ‘relevant’ improvements, for –cont

long-term requiring landlord’s consent, 9.26–9.27

sub-tenancies, and, 9.31

successive tenancies, 9.32–9.34

notice of intention to claim, 9.04–9.06

part of holding, and

landlord’s claims, 9.21–9.22

tenant’s claims, 9.51

permanent pasture, 9.53

preservation of claims, 9.07

‘relevant’ improvements, for

consent of landlord or tribunal, requiring, 9.28–9.30

deemed consent of landlord, 9.31

hill farming, 9.31

housing, 9.31

introduction, 9.25

long-term requiring landlord’s consent, 9.26–9.27

sub-tenancies, and, 9.31

successive tenancies, 9.32–9.34

series of tenancies, 9.19–9.20

severance of reversion, and, 9.52

short-term improvements, for, 9.35–9.37

surrender and re-grant, and, 9.07

tenant’s claims

adoption of special farming system, for, 9.42

contracting out, and, 9.54

disturbance, for, 9.43–9.49

early resumption clauses, 9.50

introduction, 9.23–9.24

new improvements, for, 9.25–9.34

part of holding, and, 9.51

permanent pasture, 9.53

relevant improvements, for, 9.25–9.34

severance of reversion, and, 9.52

short-term improvements, for, 9.35–9.37

tenant right, 9.38–9.41

tenant right matters, for, 9.38–9.41

Compensation (farm business tenancies)

fixtures, for

consequences of annexation, 4.50–4.52

‘fixtures’, 4.49

generally, 4.48

statutory right of removal, 4.53–4.54

generally, 4.46–4.47

improvements, for

amount, 4.75–4.84

appointment of arbitrator, 4.87–4.88

business goodwill, 4.67

conditions of claim, 4.58

consent to improvements, 4.68–4.74

contracting out, and, 4.95–4.96

generally, 4.48

goodwill, 4.67

IACS designations, 4.67

intangible improvements, 4.62–4.67

introduction, 3.70

landlord’s consent to improvements, 4.68–4.74

limit to amount, 4.80–4.83

notice of claim, 4.86

other intangible advantages.

physical and routine improvements, 4.59–4.61

planning permission, 4.62–4.65

protecting the tenant’s right, 4.89–4.96

repossession of part of holding, 4.91–4.93

settlement of claim, 4.85–4.88

severance of reversion, 4.94

successive tenancies, 4.90

‘tenant’s improvements’, 4.56–4.57

‘land’, 4.48

legal framework, 4.46–4.47

planning permission, for

amount, 4.84

generally, 4.62–4.65

Compensation for improvements

agricultural holdings, and

application of provisions, 9.02

introduction, 9.01–9.02

landlord’s claims, 9.08–9.22

notice of intention to claim, 9.04–9.06

preservation of claims, 9.07

surrender and re-grant, and, 9.07

tenant’s claims, 9.23–9.54

farm business tenancies, and

amount, 4.75–4.84

appointment of arbitrator, 4.87–4.88

business goodwill, 4.67

conditions of claim, 4.58

consent to improvements, 4.68–4.74

contracting out, and, 4.95–4.96

generally, 4.48

goodwill, 4.67

IACS designations, 4.67

intangible improvements, 4.62–4.67

introduction, 3.70

landlord’s consent to improvements, 4.68–4.74

limit to amount, 4.80–4.83

notice of claim, 4.86

other intangible advantages. 4.66–4.67

physical and routine improvements, 4.59–4.61

planning permission, 4.62–4.65

protecting the tenant’s right, 4.89–4.96

repossession of part of holding, 4.91–4.93

settlement of claim, 4.85–4.88

severance of reversion, 4.94

successive tenancies, 4.90

‘tenant’s improvements’, 4.56–4.57

Compensation on termination of tenancy

Agricultural Holdings Act 1986, and, 1.24–1.25

Consent of Agricultural Land or First Tier Tribunal

notices to quit, and

agricultural research, 7.23

allotments, 7.24

Cases for possession, and, 7.39

conditions, 7.31

‘fair and reasonable landlord’, 7.30

good husbandry, 7.20–7.21

greater hardship, 7.24–7.28

grounds, 7.20–7.29

introduction, 7.18–7.19

non-agricultural use, 7.29

remediable breach of tenancy, 7.73–7.112

sound management of estate, 7.22

Conservation areas

tree preservation orders, and, 12.196–12.197

Conservation covenants

agricultural tenancy agreement, and, 6.45

nature conservation, and, 13.136–13.137

Contracts of farm business tenancy

agri-environment schemes, 3.71–3.72

basic payment scheme

ecological focus area, 3.101

eligible hectares, 3.105

entitlements to payment, 3.85–3.100

GAEC, 3.101

‘greening’ conditions, 3.101–3.106

introduction, 3.83

key facets, 3.84

land use terms, 3.101–3.106

protection clauses, 3.85–3.92

quota protection clauses, 3.93–3.100

set aside land, 3.102–3.103

transfer of entitlements, 3.87–3.89

user clauses, 3.90–3.92

break clauses

death of tenant, 3.56

generally, 3.50

length of notice, 3.51–3.53

repossession of part, 3.54–3.55

covenant against alienation, 3.59–3.66

duration, 3.38–3.40

freedom of contract, and, 3.36

husbandry obligations

contractual standards, 3.41–3.43

cropping, 3.48–3.49

implied covenant at common law, 3.44–3.47

insurance, 3.82

introduction, 3.36–3.37

re-entry and forfeiture, 3.57–3.58

repairing obligations, 3.74–3.81

residence clause, 3.73

user covenants, 3.67–3.70

Conversion

former agricultural buildings, of

dwelling houses, to, 12.110–12.111

flexible commercial use, to, 12.114–12.115

introduction, 12.109

nursery use, to, 12.112–12.113

relationship with Part 6 rights, 12.116

school use, to, 12.112–12.113

yearly tenancies, into

generally, 5.28–5.31

licences, of, 5.36–5.41

limits, 5.42–5.45

short term lets, of, 5.32–5.35

Counter-notices

security of tenure, and

Cases for possession, and, 7.39

generally, 7.15–7.17

Countryside and Rights of Way Act 2000

land use, and, 2.08

Countryside Stewardship

generally, 13.112–13.116

Covenant against alienation

agricultural tenancy agreements, and express leasehold covenants, and, 6.40–6.42

generally, 6.12

inclusion of statutory covenant, 6.16–6.18

statutory bar pending arbitration, 6.13–6.15

farm business tenancies, and, 3.59–3.66

Crop residue burning

conditions on permitted burning, 14.80

generally, 14.76–14.77

prohibition, 14.78–14.79

Cropping

agricultural tenancy agreements, and, 6.26–6.29

farm business tenancies, and, 3.48–3.49

smallholdings, and, 10.20

Cross compliance

basic payment scheme, and

crop residue burning, 15.61

defences, and, 15.75

environmental impact assessment, 15.62

EU law, 15.14–15.17

GAEC, 15.43–15.47

generally, 15.39–15.42

heather and grass burning, 15.63–15.65

hedgerows, 15.53–15.57

introduction, 2.26

public rights of way, 15.73–15.74

scheduled monuments, 15.71–15.72

sites of special scientific interest, 15.66–15.69

soil protection, 15.48–15.50

statutory obligations, 15.60–15.74

stone walls and banks, 15.58–15.59

tree preservation orders, 15.70

trees, 15.53–15.57

watercourses, 15.51–15.52

environmental management, and, 2.17

‘greening’ conditions, and, 2.30–2.33

introduction, 2.13

rural development, and, 2.45

single farm payment, and, 2.21–2.25

D

Damage by game

agricultural tenancy agreements, and, 6.32

Death of tenant

agricultural holdings, and

generally, 7.121

‘relevant notice’, 7.122–7.123

farm business tenancies, and, 3.56

succession, and see also Succession on death

generally, 8.04–8.71

scope of scheme, 8.02–8.03

succession on death, and, 8.67

succession on retirement, and, 8.100–8.102

Deemed occupation

succession on death, and, 8.51–8.52

Deterioration

compensation for termination of agricultural holdings, and, 9.16–9.17

Development control

agricultural occupancy condition, 12.13

agricultural user, 12.28–12.30

best quality farmland, 12.11

breeding livestock, 12.40

‘building operations’, 12.20

‘development’, 12.19–12.27

exemption, 12.28–12.30

farmland, 12.11

grazing land, 12.41

horticulture, 12.42

housing needs, 12.12

intrinsic character and beauty of countryside, 12.09

introduction, 12.04–12.05

keeping livestock, 12.40

‘land’, 12.38

landlord and tenant, 12.44–12.48

livestock, 12.40

material change of use, 12.31–12.37

National Planning Policy Framework, 12.07–12.08

nature conservation, and

development plans, 13.149–13.151

European sites, in, 13.160–13.173

land use planning, 13.147–13.148

sites of special scientific interest, in, 13.152–13.159

natural environment, 12.14–12.18

planning permission

agricultural user, 12.28–12.30

‘agriculture’, 12.39–12.43

breeding livestock, 12.40

‘building operations’, 12.20

‘development’, 12.19–12.27

exemption from control, 12.28–12.30

grazing land, 12.41

horticulture, 12.42

keeping livestock, 12.40

‘land’, 12.38

livestock, 12.40

material change of use, 12.31–12.37

recreational use, 12.43

planning policy

natural environment, 12.14–12.18

rural areas, 12.06–12.13

poorer quality land, 12.11

PPG7/PPS7, 12.06

recreational use, 12.43

rural areas

agricultural occupancy condition, 12.13

best quality farmland, 12.11

general principles, 12.19–12.13

housing needs, 12.12

intrinsic character and beauty of countryside, 12.09

National Planning Policy Framework, 12.07–12.08

planning principles, 12.10

poorer quality land, 12.11

PPG7/PPS7, 12.06

special circumstances, 12.12

sustainable development, 12.10

special circumstances, 12.12

sustainable development, 12.10

Development plans

nature conservation, and, 13.149–13.151

Development rights

generally, 2.09–2.11

Diffuse water pollution

fuel oil

exemption for old installations, 14.32–14.33

introduction, 14.25–14.26

notice requiring works, 14.34

storage, 14.30–14.31

generally, 14.08

nitrate sensitive areas

designation, 14.40–14.41

introduction, 14.38–14.39

management agreements, 14.43

scheme, 14.42

nitrate vulnerable zones

designation, 14.45–14.48

introduction, 14.38–14.39

management prescriptions, 14.49–14.52

nitrates

EU Directive, 14.36

introduction, 14.35–14.39

nitrate sensitive areas, 14.40–14.43

nitrate vulnerable zones, 14.44–14.52

silage

exemption for old installations, 14.32–14.33

introduction, 14.25–14.26

making 14.27–14.28

notice requiring works, 14.34

storage 14.27–14.28

slurry

exemption for old installations, 14.32–14.33

introduction, 14.25–14.26

notice requiring works, 14.34

storage, 14.29

Dilapidations

compensation for termination of agricultural holdings, and, 9.09–9.12

Disposal of produce

agricultural tenancy agreements, and, 6.26–6.29

Distress for unpaid rent

agricultural tenancy agreement, and

generally, 6.161

limitation on rent recoverable, 6.162

property subject to third party interest, 6.163–6.165

Disturbance

compensation for termination of agricultural holdings, and

additional amount, 9.49

basic amount, 9.47–9.48

consequential provisions, 9.49

introduction, 9.43

qualifying conditions, 9.44–9.46

Duration

notices to quit, and

exceptions, 7.13–7.14

fixed term tenancies, and, 7.11

generally, 7.10

introduction, 7.02

mandatory period, 7.10

twelve months, 7.10

waiver of right to full notice, 7.12

E

Early resumption clauses

compensation for termination of agricultural holdings, and, 9.50

Ecological focus areas

farm business tenancies, and, 3.101

generally, 15.32–15.34

Emblements

agricultural holdings, and, 5.49

Emission of smoke and odours

abatement notices, 14.56–14.57

criminal liability, 14.58

development control, and, 14.59–14.61

introduction, 14.55

Entry powers

agricultural tenancy agreements, and, 6.34–6.35

Environmental conditionality

generally, 2.30

Environmental impact assessment (EIA)

Agriculture EIA Regulations 2006, 12.159–12.187

consent, 12.182–12.185

considerations in screening applications, 12.152

converting uncultivated land or semi-natural areas to intensive agriculture, 12.138–12.144

determination test, 12.170–12.171

EIA development, 12.124

enforcement, 12.187

environmental statement

generally, 12.153–12.156

rural land projects, 12.181

EU Directive, 12.117

European sites, 12.177

identifying projects, 12.170–12.174

indicative thresholds, 12.135–12.137

intensive fish farming, 12.147

intensive livestock installations, 12.146

introduction, 12.117

leisure facilities, 12.151

mandatory EIA, 12.134

obtaining consent, 12.182–12.185

operational test, 12.170, 12-172–12.173

planning applications for EIA development, 12.124–12.127

public participation requirements, 12.120

reclamation of land from the sea, 12.148–12.149

relevant projects, 12.118–12.119

restructuring projects, 12.166–12.167

rural land projects

appeals, 12.186

application of regulations, 12.164–12.177

consent, 12.182–12.185

determination test, 12.170–12.171

enforcement, 12.187

environmental statement, 12.181

European sites, 12.177

exceptions, 12.176

generally, 12.159–12.160

identifying projects, 12.170–12.174

introduction, 12.161–12.163

obtaining consent, 12.182–12.185

operational test, 12.170, 12-172–12.173

restructuring projects, 12.166–12.167

scope of regulations, 12.164–12.177

scoping opinion, 12.181

screening decision, 12.178–12.180

sensitive areas, 12.175

uncultivated land projects, 12.168–12.169

Schedule 1 projects, 12.134

Schedule 2 projects, 12.135–12.152

scoping opinion, 12.181

scoping procedures, 12.154

screening decision, 12.178–12.180

screening of development consent applications, 12.128–12.133

sensitive areas, 12.175

submission of statement, 12.155–12.156

tourism facilities, 12.151

transposition of Directive into English law, 12.121–12.123

unauthorised development, 12.157

uncultivated land projects, 12.168–12.169

water management projects, 12.145

wind power, 12.150

withdrawal of permitted rights, 12.158

Environmental land management schemes

generally, 2.05

Environmental permits

generally, 14.03

integrated pollution prevention and control, 14.67–14.70

water quality, 14.12–14.16

Environmental protection

generally, 2.15

Environmental Stewardship Scheme

generally, 13.106–13.111

introduction, 2.05

Environmentally sensitive areas

agri-environment agreements, 13.101–13.116

generally, 13.76–13.77

introduction, 2.05

land tenure, 13.129

Errors

notices to quit, and, 7.04–7.05

Estate management

agricultural tenancy agreement, and

generally, 6.19

‘good estate management’, 6.22

‘good husbandry’, 6.23

standard of cultivation and management, 6.20–6.21

Europe 2000

generally, 2.26–2.33

rural development, 2.49–2.54

European sites

by laws, 13.75

compensation, 13.171

development control, and, 13.160–13.171

environmental assessment, 13.163–13.170

generally, 13.64–13.69

land tenure, 13.125–13.128

management agreements, 13.98–13.100

Natura 2000 programme, 13.65

permitted development rights, 13.172–13.173

restrictions on potentially damaging operations, 13.70–13.71

special nature conservation orders, 13.72–13.74

types, 13.64

‘Evesham Custom’

generally, 3.26

introduction, 3.03

market gardens, and, 10.02

Excluded and excepted tenancies or agreements

agricultural holdings, and

Gladstone v Bower tenancies, 5.71–5.73

gratuitous licences, 5.74

grazing agreements, 5.54–5.61

introduction, 5.53

lettings for fixed periods of between one and two years, 5.71–5.73

licences granted by persons with limited interests, 5.70

Ministry consents, 5.62–5.68

mowing agreements, 5.54–5.61

office holders, 5.75

pre-1 March 1948 agreements, 5.69

farm business tenancies, and

‘Evesham Custom’, 3.32

generally, 3.26

implied surrender and regrant, 3.33–3.35

introduction, 3.03

pre-1 September 1995 tenancies, 3.27

pre-1 September 1995 written contracts, 3.28

statutory succession tenancies, 3.29–3.31

Express covenants

agricultural holdings, and

cropping, 6.26–6.29

disposal of produce, 6.26–6.29

generally, 6.24

penal rents, 6.31

permanent pasture, 6.25

removal of manure, 6.30

repair and maintenance, 6.47–6.49

residence, 6.46

Express leasehold covenants

agricultural holdings, and

conservation covenant, 6.45

covenant against alienation, 6.12–6.18

generally, 6.36

good husbandry, 6.37

quota clauses, 6.50–6.56

re-entry, 6.43–6.44

repair and maintenance, 6.47–6.49

residence, 6.46

short notice clause, 6.38–6.39

F

Failure to keep property in good repair

security of tenure, and

arbitration on notice to do work, 7.92–7.96

arbitration on notice to quit, 7.97–7.99

introduction, 7.90–7.91

Tribunal consent to notice to quit, 7.10–7.104

Failure to remedy not involving work

security of tenure, and, 7.105–7.110

Failure to remedy other breach

security of tenure, and, 7.86–7.89

‘Fair and reasonable landlord’

security of tenure, and, 7.30

Farm business tenancies

Agricultural Tenancies Act 1995

application of, 3.01–3.04

definitions, 3.01

excluded tenancies, 3.03

farm diversification, 1.28–1.31

introduction, 1.26–1.27

policy, 3.04

purpose, 3.02

agreements

agri-environment schemes, 3.71–3.72

basic payment scheme, 3.83–3.106

break clauses, 3.50–3.56

covenant against alienation, 3.59–3.66

duration, 3.38–3.40

freedom of contract, and, 3.36

husbandry obligations, 3.41–3.49

insurance, 3.82

introduction, 3.36–3.37

re-entry and forfeiture, 3.57–3.58

repairing obligations, 3.74–3.81

residence clause, 3.73

user covenants, 3.67–3.70

agriculture condition

generally, 3.10–3.13

introduction, 3.01

agri-environment schemes, 3.71–3.72

alienation, 3.59–3.66

assignment, 3.59–3.66

basic payment scheme

ecological focus area, 3.101

eligible hectares, 3.105

entitlements to payment, 3.85–3.100

GAEC, 3.101

‘greening’ conditions, 3.101–3.106

introduction, 3.83

key facets, 3.84

land use terms, 3.101–3.106

protection clauses, 3.85–3.92

quota protection clauses, 3.93–3.100

set aside land, 3.102–3.103

transfer of entitlements, 3.87–3.89

user clauses, 3.90–3.92

break clauses

death of tenant, 3.56

generally, 3.50

length of notice, 3.51–3.53

repossession of part, 3.54–3.55

business conditions

generally, 3.08–3.09

introduction, 3.01

compensation

fixtures, 4.48–4.54

generally, 4.46–4.47

improvements, 4.55–4.96

‘land’, 4.48

legal framework, 4.46–4.47

planning permission, 4.62–4.65

compensation for fixtures

consequences of annexation, 4.50–4.52

‘fixtures’, 4.49

generally, 4.48

statutory right of removal, 4.53–4.54

compensation for improvements

amount, 4.75–4.84

appointment of arbitrator, 4.87–4.88

business goodwill, 4.67

conditions of claim, 4.58

consent to improvements, 4.68–4.74

contracting out, and, 4.95–4.96

generally, 4.48

goodwill, 4.67

IACS designations, 4.67

intangible improvements, 4.62–4.67

landlord’s consent to improvements, 4.68–4.74

limit to amount, 4.80–4.83

notice of claim, 4.86

other intangible advantages.

physical and routine improvements, 4.59–4.61

planning permission, 4.62–4.65

protecting the tenant’s right, 4.89–4.96

repossession of part of holding, 4.91–4.93

settlement of claim, 4.85–4.88

severance of reversion, 4.94

successive tenancies, 4.90

‘tenant’s improvements’, 4.56–4.57

compensation for planning permission

amount, 4.84

generally, 4.62–4.65

contracts of tenancy

agri-environment schemes, 3.71–3.72

basic payment scheme, 3.83–3.106

break clauses, 3.50–3.56

covenant against alienation, 3.59–3.66

duration, 3.38–3.40

freedom of contract, and, 3.36

husbandry obligations, 3.41–3.49

insurance, 3.82

introduction, 3.36–3.37

re-entry and forfeiture, 3.57–3.58

repairing obligations, 3.74–3.81

residence clause, 3.73

user covenants, 3.67–3.70

covenant against alienation, 3.59–3.66

creation

agriculture condition, 3.10–3.13

business conditions, 3.08–3.09

exclusions, 3.26–3.35

generally, 3.07

introduction, 3.01

notice conditions, 3.14–3.25

preservation of AHA status, and, 3.26–3.35

cropping, 3.48–3.49

death of tenant, 3.56

definition, 3.01

diversification, 1.28–1.31

‘Evesham Custom’

generally, 3.26

introduction, 3.03

excluded tenancies

‘Evesham Custom’, 3.32

generally, 3.26

implied surrender and regrant, 3.33–3.35

introduction, 3.03

pre-1 September 1995 tenancies, 3.27

pre-1 September 1995 written contracts, 3.28

statutory succession tenancies, 3.29–3.31

‘farm business’, 3.05–3.06

fixed term tenancies

breach of other covenants, and, 4.22–4.26

breach of repairing covenant, and, 4.32–4.33

break clauses, 4.09–4.13

forfeiture, 4.15–4.34

irremediable breaches, and, 4.24–4.27

leases for lives, 4.14

less than two years, of, 4.07

non-payment of rent, and, 4.19–4.21

over two years, of, 4.02–4.06

proviso for re-entry, 4.17–4.18

relief against forfeiture, 4.28–4.31

remediable breaches, and, 4.24–4.27

severance of reversion, 4.08

waiver, 4.34

forfeiture, 3.57–3.58

freedom of contract, and

generally, 3.36–3.37

introduction, 3.02

rent and rent review, 3.107–3.109

husbandry obligations

contractual standards, 3.41–3.43

cropping, 3.48–3.49

implied covenant at common law, 3.44–3.47

implied surrender and regrant, 3.33–3.35

insurance, 3.82

introduction, 1.03

merger, 4.45

notice conditions

agricultural link, 3.19–3.22

form of notices, 3.15

generally, 3.14–3.17

introduction, 3.01

purpose, 3.16

reletting following farm diversification, 3.18

surrender and regrant, 3.23–3.25

periodic tenancies

joint tenants, 4.40

other, 4.39

sub-tenants, 4.41–4.42

yearly tenancies, 4.35–4.39

preservation of AHA status, and, 3.26–3.35

preserving tenancy status, 3.69

re-entry and forfeiture, 3.57–3.58

reletting following farm diversification, 3.18

rent

dispute resolution, 3.108

generally, 3.107–3.109

review, 3.110–3.120

severance of reversion, 3.121

valuation, 3.122–3.132

rent review

agreed period or dates, 3.119

appointment of arbitrator, 3.135–3.137

appointment of arbitrator by President of RICS, 3.138–3.141

appointment of independent expert, 3.135–3.137

arbitration notices, 3.133–3.134

exclusion of statutory formula, 3.110–3.117

expert appointment, 3.135–3.137

frequency, 3.118–3.121

procedure, 3.133–3.141

severance of reversion, 3.121

statutory periods, 3.120

rent valuation

‘all relevant factors’, 3.126

comparison with AHA valuations, 3.131–3.132

disregard of tenant’s improvements, 3.127–3.129

generally, 3.122–3.124

other disregards, 3.130

terms of tenancy, 3.125

repairing clauses

choice of liability, 3.74–3.78

content of obligations, 3.79–3.81

repossession of part, 3.54–3.55

residence clause, 3.73

statutory succession tenancies, 3.29–3.31

sub-letting, 3.59–3.66

surrender, 4.43–4.44

surrender and regrant

generally, 3.23–3.25

implied, 3.33–3.35

tenancy agreements

agri-environment schemes, 3.71–3.72

basic payment scheme, 3.83–3.106

break clauses, 3.50–3.56

covenant against alienation, 3.59–3.66

duration, 3.38–3.40

freedom of contract, and, 3.36

husbandry obligations, 3.41–3.49

insurance, 3.82

introduction, 3.36–3.37

re-entry and forfeiture, 3.57–3.58

repairing obligations, 3.74–3.81

residence clause, 3.73

user covenants, 3.67–3.70

termination

compensation, 4.46–4.96

fixed term tenancies, 4.02–4.34

introduction, 4.01

merger, 4.45

periodic tenancies, 4.35–4.42

surrender, 4.43–4.44

TRIG reform proposals, and, 1.35

user covenants

compensation for improvements, 3.70

generally, 3.67–3.68

preserving tenancy status, 3.69

yearly tenancies, 4.35–4.39

Farm cottages

‘agricultural worker condition’

‘agricultural worker’, 11.49

cessation, 11.50–11.52

effect of cesser, 11.53

generally, 11.47–11.48

introduction, 11.45

purpose, 11.47

assured agricultural occupancies

‘agricultural worker condition’, 11.47–11.53

conditions, 11.45

grounds for possession, 11.60–11.61

introduction, 11.43

qualifying for protection, 11.44–11.46

rent control, 11.57–11.59

security of tenure, 11.54–11.61

statutory periodic tenancy, 11.55–11.56

assured shorthold occupancies

agricultural workers, 11.68–11.69

grant, 11.66–11.67

introduction, 11.63–11.65

termination, 11.70–11.74

availability of premises for tied lettings, 11.81–11.82

introduction, 11.01–11.02

protected agricultural occupancies

‘agriculture’, 11.16

agriculture-related employment, 11.15–11.19

employee suffering ‘qualifying disease or injury’, 11.14

introduction, 11.03

‘livestock’, 11.18

permit workers, 11.13

‘protected occupier in his own right’, 11.04–11.05

‘qualifying disease or injury’, 11.14

qualifying ownership, 11.08

qualifying worker, 11.09–11.12

relevant tenancy or licence, 11.06–11.07

security of tenure, 11.33–11.36

statutory tenancies, 11.21–11.32

statutory tenants in their own right, 11.20

subtenants, 11.37

succession rights, 11.38–11.40

surrender and regrant, and, 11.05

rehousing former agricultural workers, 11.75–11.80

security of tenure, 11.33–11.36

statutory tenancies

access, 11.30

licences, 11.26

non-assignment and user, 11.29

non-contractual arrangements, 11.27

notice to quit, 11.31

other terms, 11.23–11.32

rent, 11.24

rent control, 11.21–11.22

repairing obligations, 11.28

variation of terms, 11.32

subtenants, 11.37

succession rights, 11.38–11.40

transitional provisions, 11.41–11.42

Farm diversification

Agricultural Holdings Act 1995, and, 1.28–1.31

Code of Practice, 1.38–1.40

introduction, 1.28–1.31

TRIG reform proposals, and, 1.36

Farm subsidy payments

generally, 2.18

Fixed equipment

direction to provide or alter, 6.58–6.62

generally, 6.57–6.101

repair and maintenance

exterior repairs and replacements, 6.70–6.72

generally, 6.47–6.49

insurance, 6.83

introduction, 6.63–6.65

landlord’s rights and liabilities, 6.79–6.86

maintenance, 6.84–6.86, 6.90

Model clauses, 6.63–6.69

Model clauses (1973), 6.70–6.74

Model clauses (2015), 6.75–6.90

non-structural repairs, 6.73–6.74

principles of incorporation, 6.66–6.69

redundant buildings, 6.101

remedies under General Law, 6.94–6.100

remedies under Model Clauses, 6.91–6.93

rights and liabilities, 6.79–6.90

structural repairs and replacements, 6.70–6.72

tenant’s rights and liabilities, 6.87–6.90

smallholdings, and, 10.19

Fixed term farm business tenancies

termination

breach of other covenants, and, 4.22–4.26

breach of repairing covenant, and, 4.32–4.33

break clauses, 4.09–4.13

forfeiture, 4.15–4.34

irremediable breaches, and, 4.24–4.27

leases for lives, 4.14

less than two years, of, 4.07

non-payment of rent, and, 4.19–4.21

over two years, of, 4.02–4.06

proviso for re-entry, 4.17–4.18

relief against forfeiture, 4.28–4.31

remediable breaches, and, 4.24–4.27

severance of reversion, 4.08

waiver, 4.34

Fixtures

agricultural tenancy agreement, and right of removal, 6.102–6.108

compensation for termination of farm business tenancies, and

consequences of annexation, 4.50–4.52

‘fixtures’, 4.49

generally, 4.48

statutory right of removal, 4.53–4.54

market gardens, and, 10.06–10.07

Forfeiture

agricultural tenancy agreement, and, 6.43–6.44

farm business tenancies, and, 3.57–3.58

general law, 7.126–7.127

statute, under, 7.128–7.129

Fraud

notices to quit, and, 7.08–7.09

Freedom of contract

farm business tenancies, and

generally, 3.36–3.37

introduction, 3.02

rent and rent review, 3.107–3.109

Fruit trees and bushes

allotments, and

compensation on termination, 10.25

removal, 10.36

market gardens, and, 10.08

Fuel oil

exemption for old installations, 14.32–14.33

introduction, 14.25–14.26

notice requiring works, 14.34

storage, 14.30–14.31

G

GAEC standards

generally, 2.30–2.31

General partnerships

agricultural holdings, and, 5.84–5.88

General Permitted Development

Order 1995

land use, and, 2.09

General Permitted Development

Order 2015

land use, and, 12.68

Gladstone v Bower tenancies

agricultural holdings, and, 5.71–5.73

Glastir / Tir Gofal

generally, 13.119–13.123

Good agricultural and environmental

condition (GAEC) of land

farm business tenancies, and, 3.101

generally, 15.43–15.47

introduction, 2.30–2.31

overview, 15.16

Good agricultural practice

aerial pollution, 14.55

air, 14.105

Code of Practice, 14.100–14.107

‘right to farm’, and, 14.99

soil, 14.106–14.107

water, 14.101–14.104

water pollution, 14.54

Good estate management

agricultural tenancy agreement, and, 6.22

Good husbandry

general clause in agreements, 6.37

security of tenure, 7.20–7.21

Gratuitous licences

agricultural holdings, and, 5.74

Grazing agreements

contemplated user, 5.57–5.58

generally, 5.54

period of let, 5.55–5.56

series of lets, 5.59–5.61

Grazing land

agricultural holdings, and, 5.10–5.11

Greater hardship

agricultural holdings, and, 7.24–7.28

succession on retirement tenancy, and, 8.85

‘Greening’ conditions

ecological focus areas, 15.32–15.34

EU law, 15.11–15.13

farm business tenancies, and, 3.101–3.106

generally, 15.31

introduction, 2.26–2.29

overview, 15.06

H

Hazardous waste

pollution control, and, 14.98

Heather and grass burning

cross-compliance, and, 15.63–15.65

pollution control, and, 14.81–14.82

Hedgerows

cross-compliance, and, 15.53–15.57

‘important’ hedgerows, 12.198–12.199

restrictions on operations, 12.200–12.201

scope of protection, 12.198–12.199

Housing Act 1988

agricultural holdings, and, 5.103–5.106

Human rights

breach of tenancy, and, 7.111–7.112

nature conservation, and

payments under management agreements, 13.144–13.146

sites of special scientific interest, 13.51–13.63

Husbandry

agricultural tenancy agreement, and generally, 6.19

‘good estate management’, 6.22

‘good husbandry’, 6.23

standard of cultivation and management, 6.20–6.21

farm business tenancies, and

contractual standards, 3.41–3.43

cropping, 3.48–3.49

implied covenant at common law, 3.44–3.47

I

Implied surrender and regrant

farm business tenancies, and, 3.33–3.35

Improvements

compensation for termination of farm business tenancies, and

amount, 4.75–4.84

appointment of arbitrator, 4.87–4.88

business goodwill, 4.67

conditions of claim, 4.58

consent to improvements, 4.68–4.74

contracting out, and, 4.95–4.96

generally, 4.48

goodwill, 4.67

IACS designations, 4.67

intangible improvements, 4.62–4.67

landlord’s consent to improvements, 4.68–4.74

limit to amount, 4.80–4.83

notice of claim, 4.86

other intangible advantages.

physical and routine improvements, 4.59–4.61

planning permission, 4.62–4.65

protecting the tenant’s right, 4.89–4.96

repossession of part of holding, 4.91–4.93

compensation for termination of farm business tenancies, and –cont

settlement of claim, 4.85–4.88

severance of reversion, 4.94

successive tenancies, 4.90

‘tenant’s improvements’, 4.56–4.57

Incoming tenant

market gardens, and, 10.09

Inheritance tax

TRIG reform proposals, and, 1.36

Insolvency of tenant

security of tenure, and, 7.118–7.120

Insurance

agricultural tenancy agreement, and, 6.83

farm business tenancies, and, 3.82

Integrated administration and control

system (IACS)

cross-compliance, and, 15.37–15.38

Integrated pollution prevention and control

best available techniques, 14.71–14.73

enforcement, 14.75

environmental permit, 14.67–14.70

fertiliser manufacture, 14.74

introduction, 14.62–14.64

pesticide manufacture, 14.74

scope, 14.65–14.66

Irremediable breach of tenancy

security of tenure, and, 7.113–7.117

J

Joint Nature Conservation Council

generally, 13.09–13.10

Joint tenancies

security of tenure, and

counter-notice by tenant, 7.137–7.145

generally, 7.130–7.132

liability for breach of trust, 7.142–7.145

notices to quit by landlord, 7.136

notices to quit by tenant, 7.133–7.134

surrender of tenancy, 7.135

Joint ventures

agricultural holdings, and, 5.77–5.83

L

Land tenure

nature conservation, and

conservation covenants, 13.136–13.137

contractual competence, 13.131–13.1

environmentally sensitive areas, 13.129

European sites, 13.125–13.128

formalities, 13.125–13.130

introduction, 13.124

leasehold obligations, 13.134–13.135

nature reserves, 13.130

sites of special scientific interest, 13.125–13.128

Land use

agriculture, and, 2.02

agri-environment schemes

generally, 2.05

introduction, 2.02

areas of outstanding natural beauty, 2.07

biodiversity protection, 2.08

CAP, and

Agenda 2000, and, 2.18–2.25

agri-environment measures, 2.34–2.42

Agri-Environment Regulation, 2.16

basic payment scheme, 2.26–2.33

cross-compliance, 2.21–2.25

environmental conditionality, 2.30

environmental protection, 2.15

EU Directives, 2.15

Europe 2000, and, 2.26–2.33

farm subsidy payments, 2.18

GAEC standards, 2.30–2.31

generally, 2.16–2.17

‘greening’ conditions, 2.26–2.29

guiding principles, 2.14

introduction, 2.13

management requirements, 2.33

McSharry Proposals, 2.16

Mid-term Review of Agnda 2000, 2.20

Natura 2000 sites, 2.26

objectives, 2.14

overview, 2.02

rural development, 2.34–2.42

single farm payment, 2.18–2.25

standards of good agricultural and environmental condition of land, 2.30–2.31

TFEU, and, 2.14

Countryside and Rights of Way Act 2000, and, 2.08

designation of areas of protection, 2.04–2.05

development control, 2.07–2.08

development rights, 2.09–2.11

environmental impact assessment, 2.10–2.12

environmental land management scheme, 2.05

environmental stewardship scheme, 2.05

environmentally sensitive areas, 2.05

environment, and, 2.02

General Permitted Development Order 1995, and, 2.09

introduction, 2.01

management agreements, 2.06

national parks

generally, 2.05

planning policy, 2.07

National Parks and Access to the Countryside Act 1949, and, 2.05

nature conservation, and, 13.147–13.148

permitted development, 2.09

planning policy, 2.07–2.08

public policy, 2.02

rights of way, 2.08

rural development

Agenda 2000, and, 2.37–2.38

CAP programmes, 2.05

cross compliance, 2.32

EAFRD, 2.49

EU Regulation (1999), 2.40–2.42

EU Regulation (2005), 2.43–2.48

EU Regulation (2013), 2.28, 2.49–2.54

Europa 2000, and, 2.49–2.54

funding, 2.49

generally, 2.34–2.35

guiding principles, 2.14

introduction, 2.02

McSharry Proposals, and, 2.36

objectives, 2.50

priorities, 2.51

sites of special scientific interest, 2.04

Town and Country Planning Acts, and, 2.09

‘voluntary principle’, 2.02

Wildlife and Countryside Act 1981, and, 2.04, 2.06

Landlord and Tenant Act 1954

agricultural holdings, and

change of user, 5.94–5.95

compensation for improvements and disturbance, 5.92

generally, 5.89–5.90

possession, 5.93

tenancies at will, 5.91

Lifetime succession

Northfield Report, and, 1.14

Limestone pavement orders

generally, 13.92

Limited interests

agricultural holdings, and, 5.70

Livelihood condition

‘agricultural work on the holding’, 8.25–8.29

‘derived’ from his work on the holding, 8.32

‘fair and reasonable to proceed’, 8.37

for a ‘period of five years’, 8.30–8.31

generally, 8.20–8.37

introduction, 8.18

‘principal source of livelihood’, 8.20–8.24

relaxation of, 8.33–8.36

Livestock keeping and breeding

agricultural holdings, and, 5.09

M

Management agreements

agri-environment agreements, 13.101–13.116

availability, 13.94–13.123

European sites, 13.98–13.100

generally, 2.06

Glastir / Tir Gofal, 13.119–13.123

introduction, 13.93

land tenure, and, 13.124–13.137

nature reserves, 13.95

nitrate sensitive areas, 14.43

payments, 13.138–13.146

refusal of capital grant, 13.97

sites of special scientific interest, 13.96

Wildlife Enhancement Scheme, 13.117–13.123

Manure

agricultural tenancy agreement, and, 6.30

Market gardens

compensation

incoming tenant, 10.09

termination, on, 10.04–10.05

contracting out, 10.10–10.11

definition, 10.02

direction of tribunal, 10.02

‘Evesham Custom’, and, 10.02

incoming tenant compensation, 10.09

removal of fixtures, 10.06–10.07

removal of fruit trees and bushes, 10.08

special rights of tenant

compensation on termination, 10.04–10.05

contracting out, 10.10–10.11

incoming tenant compensation, 10.09

introduction, 10.03

removal of fixtures, 10.06–10.07

removal of fruit trees and bushes, 10.08

termination compensation, 10.04–10.05

McSharry Proposals

generally, 2.16

rural development, 2.36

Merger

termination of farm business tenancies, and, 4.45

Ministry certificate

security of tenure, and, 7.124

Ministry consents

generally, 5.62

section 2, under, 5.63–5.65

section 5, under, 5.66–5.68

Mowing agreements

contemplated user, 5.57–5.58

generally, 5.54

period of let, 5.55–5.56

series of lets, 5.59–5.61

N

National parks

generally, 2.05

nature conservation, and, 13.78–13.81

planning policy, 2.07

National Parks and Access to the

Countryside Act 1949

land use, and, 2.05

Natura 2000

generally, 2.26

nature conservation, and, 13.65

rural development, and, 2.44

Natural England

introduction, 13.03–13.05

Joint Nature Conservation Council, 13.09–13.10

national policy and co-ordination, 13.09–13.10

role, 13.06–13.08

Natural Resources Wales

introduction, 13.03–13.05

Joint Nature Conservation Council, and 13.09–13.10

national policy and co-ordination, 13.09–13.10

role, 13.06–13.08

Nature conservation

agri-environment agreements

Countryside Stewardship, 13.112–13.116

Environmental Stewardship Scheme, 13.106–13.111

environmentally sensitive areas, 13.101–13.105

areas of outstanding natural beauty, 13.82–13.87

conservation covenants, 13.136–13.137

Council for Nature Conservation and the Countryside, 13.04

Countryside Stewardship, 13.112–13.116

development control, and development plans, 13.149–13.151

European sites, in, 13.160–13.173

land use planning, 13.147–13.148

sites of special scientific interest, in, 13.152–13.159

development plans, 13.149–13.151

Environmental Stewardship Scheme, 13.106–13.111

environmentally sensitive areas

agri-environment agreements, 13.101–13.116

generally, 13.76–13.77

land tenure, 13.129

European sites

by laws, 13.75

compensation, 13.171

development control, and, 13.160–13.171

environmental assessment, 13.163–13.170

generally, 13.64–13.69

land tenure, 13.125–13.128

management agreements, 13.98–13.100

Natura 2000 programme, 13.65

permitted development rights, 13.172–13.173

restrictions on potentially damaging operations, 13.70–13.71

special nature conservation orders, 13.72–13.74

types, 13.64

Glastir / Tir Gofal, 13.119–13.123

human rights, and

payments under management agreements, 13.144–13.146

sites of special scientific interest, 13.51–13.63

Joint Nature Conservation Council, 13.09–13.10

land tenure

conservation covenants, 13.136–13.137

contractual competence, 13.131–13.1

environmentally sensitive areas, 13.129

European sites, 13.125–13.128

formalities, 13.125–13.130

introduction, 13.124

leasehold obligations, 13.134–13.135

nature reserves, 13.130

sites of special scientific interest, 13.125–13.128

land use planning, 13.147–13.148

legislation, 13.01–13.10

limestone pavement orders, 13.92

management agreements

agri-environment agreements, 13.101–13.116

availability, 13.94–13.123

European sites, 13.98–13.100

Glastir / Tir Gofal, 13.119–13.123

introduction, 13.93

land tenure, and, 13.124–13.137

nature reserves, 13.95

payments, 13.138–13.146

refusal of capital grant, 13.97

sites of special scientific interest, 13.96

Wildlife Enhancement Scheme, 13.117–13.123

national parks, 13.78–13.81

national policy and co-ordination, 13.09–13.10

Natura 2000 programme, 13.65

Natural England

introduction, 13.03–13.05

Joint Nature Conservation Council, 13.09–13.10

national policy and co-ordination, 13.09–13.10

role, 13.06–13.08

Natural Resources Wales

introduction, 13.03–13.05

Joint Nature Conservation Council, 13.09–13.10

national policy and co-ordination, 13.09–13.10

role, 13.06–13.08

nature reserves

generally, 13.88–13.91

land tenure, 13.130

management agreements, 13.95

payments under management agreements

human rights, and, 13.144–13.146

introduction, 13.138–13.139

sites of special scientific interest, 13.140–13.143

planning law, and, 12.03

refusal of capital grant, 13.97

Scottish Natural Heritage, 13.04

sites of Community importance, 13.64

sites of special scientific interest

agricultural operations, 13.24–13.29

change of owner or occupier, 13.39

compensation for entry, 13.49

compulsory purchase, 13.50

confirmation, 13.13

defences, 13.40

development control, and, 13.152–13.159

duties of public bodies and statutory undertakers, 13.30–13.32

emergency operations, 13.40

European sites, and, 13.66

factors that can be taken into account, 13.18–13.20

human rights, and, 13.51–13.63

land tenure, 13.125–13.128

management agreements, 13.96

management orders, 13.43–13.44

management schemes, 13.42

notification, 13.11–13.23

owner and/or occupier liability, 13.34–13.35

payments by conservation body, 13.45

payments under management agreements, 13.140–13.143

permitted development rights, 13.158–13.159

positive management, 13.41–13.44

powers of entry, 13.46–13.49

‘reasonable excuse’, 13.40

restrictions, 13.24–13.29

right to fair and public hearing, 13.51–13.56

right to peaceful enjoyment of property, 13.57–13.63

role of conservation body, 13.14–13.17

scope of liability, 13.33–13.38

Section G authority liability, 13.36

service of notices, 13.22–13.23

site notification, 13.51–13.63

third party liability, 13.37–13.38

variation of notification, 13.21

special areas for protection

areas of outstanding natural beauty, 13.82–13.87

environmentally sensitive areas, 13.76–13.77

European sites, 13.64–13.75

limestone pavement orders, 13.92

national parks, 13.78–13.81

nature reserves, 13.88–13.91

sites of Community importance, 13.64

sites of special scientific interest, 13.11–13.63

special areas of conservation, 13.64

special protection areas, 13.64

special areas of conservation, 13.64

special nature conservation orders, 13.72–13.74

special protection areas, 13.64

UK conservation bodies

introduction, 13.03–13.05

Joint Nature Conservation Council, 13.09–13.10

national policy and co-ordination, 13.09–13.10

role, 13.06–13.08

‘voluntary’ principle, 13.01–13.02

Wildlife Enhancement Scheme

generally, 13.117–13.121

management agreements, 13.122–13.123

Nature reserves

generally, 13.88–13.91

land tenure, 13.130

management agreements, 13.95

Nitrate sensitive areas

designation, 14.40–14.41

introduction, 14.38–14.39

management agreements, 14.43

scheme, 14.42

Nitrate vulnerable zones

designation, 14.45–14.48

introduction, 14.38–14.39

management prescriptions, 14.49–14.52

Nitrates

EU Directive, 14.36

introduction, 14.35–14.39

nitrate sensitive areas, 14.40–14.43

nitrate vulnerable zones, 14.44–14.52

Non-agricultural use

Agricultural Holdings, and

arbitration on notice to quit, 7.66

generally, 7.56–7.66

not requiring planning permission, 7.63–7.65

scope of Case, 7.56–7.59

Tribunal consent to operation of notices, 7.29

with planning permission, 7.60–7.62

Non-payment of rent

Agricultural Holdings, and

appropriation of payments, 7.83

mode of payment, 7.81

notice to pay, 7.74–7.80

notice to quit, 7.84–7.85

tender of payment, 7.82

Northfield Report

Agricultural Holdings, and

introduction, 1.11–1.12

lettings without security of tenure, 1.15

lifetime succession, 1.14

succession rights, 1.13

Notice conditions

Farm Business Tenancies, and

agricultural link, 3.19–3.22

form of notices, 3.15

generally, 3.14–3.17

introduction, 3.01

purpose, 3.16

reletting following farm diversification, 3.18

surrender and regrant, 3.23–3.25

Notices

see also Notices to quit

do works of repair, maintenance or replacement, to

arbitration on notice to do work, 7.92–7.96

arbitration on notice to quit, 7.97–7.99

introduction, 7.90–7.91

Tribunal consent to notice to quit, 7.10–7.104

remedy not involving work, to, 7.105–7.110

Notices to quit

Agricultural Holdings, and

alternative, in, 7.49

arbitration, and

generally, 7.46–7.47

lapse of demand, 7.48

non-agricultural use, and, 7.66

remediable breach of tenancy, and, 7.97–7.99

certainty

Case relied upon, 7.45

generally, 7.03

source of obligations breached, 7.44

type of notice, 7.42–7.43

construction, 7.03–7.09

duration, 7.10–7.14

introduction, 7.01–7.02

non-payment of rent, and, 7.84–7.85

postponement, 7.50–7.51

repossession of part of building, 7.32–7.38

succession on retirement, and, 8.87–8.92

Tribunal consent to operation

agricultural research, 7.23

allotments, 7.24

Cases for possession, and, 7.39

conditions, 7.31

‘fair and reasonable landlord’, 7.30

good husbandry, 7.20–7.21

greater hardship, 7.24–7.28

grounds, 7.20–7.29

introduction, 7.18–7.19

non-agricultural use, 7.29

remediable breach of tenancy, 7.73–7.112

sound management of estate, 7.22

unqualified, 7.15–7.17

validity

certainty, 7.03

form, 7.06–7.07

fraud, and, 7.08–7.09

minor errors, 7.04–7.05

unambiguity, 7.03

waiver of minor errors, 7.04–7.05

waiver of right to full notice, 7.12

O

Obligations of landlord and tenant

Agricultural Holdings Act 1986, and, 1.21

Occupancy condition

anti-avoidance provisions, 8.44–8.45

deemed occupation, 8.51–8.52

disregarded occupation, 8.46–8.

generally, 8.38–8.40

introduction, 8.19

satisfaction of, 8.41–8.43

Odour and smoke emissions

abatement notices, 14.56–14.57

criminal liability, 14.58

development control, and, 14.59–14.61

introduction, 14.55

Office holders

agricultural holdings, and, 5.75

P

Part of a building/holding

compensation for termination of agricultural holdings, and

landlord’s claims, 9.21–9.22

tenant’s claims, 9.51

possession, and

enlargement of notices, 7.37

notices to quit, 7.32–7.36

reduction in rent, 7.38

succession on death, and, 8.63

Partnerships

agricultural holdings, and, 5.84–5.88

Pasture

agricultural tenancy agreement, and, 6.25

compensation for termination of agricultural holdings, and, 9.53

Penal rents

agricultural tenancy agreement, and, 6.31

Periodic tenancies

termination of farm business tenancies, and

joint tenants, 4.40

other, 4.39

sub-tenants, 4.41–4.42

yearly tenancies, 4.35–4.39

Permanent pasture

agricultural tenancy agreement, and, 6.25

compensation for termination of agricultural holdings, and, 9.53

Permitted development

agricultural land, 12.68–12.71

agricultural unit, 12.73

agricultural user exemption, and, 12.59

alteration of a building

units of 5 hectares or more, 12.76–12.77

units of less than 5 hectares, 12.104

Article 2(3) and (4) land, 12.55–12.56

Article 4 directions, 12.54

‘building’, 12.76

categories, 12.60–12.63

Class A, 12.64–12.101

Class B, 12.102–12.106

Class C, 12.107–12.108

conversion of former agricultural buildings

dwelling houses, to, 12.110–12.111

flexible commercial use, to, 12.114–12.115

introduction, 12.109

nursery use, to, 12.112–12.113

relationship with Part 6 rights, 12.116

school use, to, 12.112–12.113

deposit of waste

units of 5 hectares or more, 12.94–12.95

units of less than 5 hectares, 12.106

dwelling house exclusion, 12.72

engineering operations, 12.78

erection of a building, 12.76–12.77

European wildlife sites, 12.58

excavation, 12.78

extension of a building

units of 5 hectares or more, 12.76–12.77

units of 5 hectares or more, 12.104

extraction of minerals, 12.93

fish farming, 12.86

fixed equipment, 12.77

generally, 2.09

ground area limitation, 12.80–12.82

height near aerodromes, 12.83

installation of plant and machinery, 12.105

introduction, 12.49–12.52

limitation, 12.53–12.59

livestock units, 12.87–12.90

mineral extraction, 12.93

mineral working for agricultural purposes, 12.107–12.108

minimum area of land, 12.74

mineral working for agricultural purposes, 12.107–12.108

nature of development, 12.76–12.78

overview, 12.01

proximity to metalled roads, 12.84–12.85

‘reasonably necessary’, 12.75

siting of livestock units, 12.87

size limitation, 12.80–12.82

slurry and sewage sludge, 12.91–12.92

units of 5 hectares or more

agricultural land, 12.68–12.71

agricultural unit, 12.73

alteration of a building, 12.76–12.77

‘building’, 12.76

conditions, 12.88–12.95

deposit of waste materials, 12.94–12.95

dwelling house exclusion, 12.72

engineering operations, 12.78

erection of a building, 12.76–12.77

excavation, 12.78

extension of a building, 12.76–12.77

extraction of minerals, 12.93

fish farming, 12.86

fixed equipment, 12.77

ground area limitation, 12.80–12.82

height near aerodromes, 12.83

introduction, 12.64–12.101

limitations, 12.79–12.87

livestock units, 12.87–12.90

mineral extraction, 12.93

minimum area of land, 12.74

nature of development, 12.76–12.78

notification requirements, 12.96–12.101

overview, 12.60

proximity to metalled roads, 12.84–12.85

‘reasonably necessary’, 12.75

scope of rights, 12.64–12.74

siting of livestock units, 12.87

size limitation, 12.80–12.82

slurry and sewage sludge, 12.91–12.92

type limitation, 12.79

use for agriculture, 12.69–12.70

use for purposes of a trade or business, 12.71

waste material deposit, 12.94–12.95

units of less than 5 hectares

alteration of a building, 12.104

deposit of waste, 12.106

development permitted, 12.103–12.106

extension of a building, 12.104

generally, 12.57

installation of plant and machinery, 12.105

scope of rights, 12.102

working minerals for agricultural purposes, 12.107–12.108

use for agriculture, 12.69–12.70

use for purposes of a trade or business, 12.71

waste material deposit, 12.94–12.95

working minerals for agricultural purposes, 12.107–12.108

Planning law

agricultural occupancy condition, 12.13

agricultural user exemption

generally, 12.28–12.30

permitted development rights, and, 12.59

Article 2(3) and (4) land, 12.55–12.56

Article 4 directions, 12.54

best quality farmland, 12.11

building operations, 12.01

conversion of former agricultural buildings

dwelling houses, to, 12.110–12.111

flexible commercial use, to, 12.114–12.115

introduction, 12.109

nursery use, to, 12.112–12.113

relationship with Part 6 rights, 12.116

school use, to, 12.112–12.113

development control

introduction, 12.04–12.05

landlord and tenant, 12.44–12.48

natural environment, 12.14–12.18

planning permission, 12.19–12.43

planning policy, 12.06–12.18

rural areas, 12.06–12.13

engineering operations, 12.01

environmental impact assessment (EIA)

Agriculture EIA Regulations 2006, 12.159–12.187

considerations in screening applications, 12.152

converting uncultivated land or semi-natural areas to intensive agriculture, 12.138–12.144

EIA development, 12.124

environmental statement, 12.153–12.156

EU Directive, 12.117

indicative thresholds, 12.135–12.137

intensive fish farming, 12.147

intensive livestock installations, 12.146

introduction, 12.117

leisure facilities, 12.151

mandatory EIA, 12.134

planning applications for EIA development, 12.124–12.127

public participation requirements, 12.120

reclamation of land from the sea, 12.148–12.149

relevant projects, 12.118–12.119

rural land projects, 12.159–12.187

Schedule 1 projects, 12.134

Schedule 2 projects, 12.135–12.152

scoping procedures, 12.154

screening of development consent applications, 12.128–12.133

submission of statement, 12.155–12.156

tourism facilities, 12.151

transposition of Directive into English law, 12.121–12.123

unauthorised development, 12.157

water management projects, 12.145

wind power, 12.150

withdrawal of permitted rights, 12.158

environmental protection, 12.03

European wildlife sites, 12.58

General Permitted Development Order

generally, 12.49–12.52

overview, 12.02

hedgerows

‘important’ hedgerows, 12.198–12.199

restrictions on operations, 12.200–12.201

scope of protection, 12.198–12.199

holdings of less than 5 hectares, 12.57

housing needs, 12.12

intrinsic character and beauty of countryside, 12.09

introduction, 12.01–12.03

landlord and tenant, 12.44–12.48

mineral working for agricultural purposes, 12.107–12.108

national parks, 12.14–12.15

National Planning Policy Framework

natural environment, 12.14–12.18

rural areas, 12.06–12.13

natural environment, 12.14–12.18

nature conservation, 12.03

permitted agricultural development rights

agricultural user exemption, and, 12.59

Article 2(3) and (4) land, 12.55–12.56

Article 4 directions, 12.54

categories, 12.60–12.63

Class A, 12.64–12.101

Class B, 12.102–12.106

Class C, 12.107–12.108

conversion of former agricultural buildings, 12.109–12.116

European wildlife sites, 12.58

holdings of less than 5 hectares, 12.57

introduction, 12.49–12.52

limitation, 12.53–12.59

mineral working for agricultural purposes, 12.107–12.108

overview, 12.01

units of 5 hectares or more, 12.64–12.101

units of less than 5 hectares, 12.102–12.106

planning permission

agricultural user, 12.28–12.30

‘agriculture’, 12.39–12.43

breeding livestock, 12.40

‘building operations’, 12.20

‘development’, 12.19–12.27

exemption from control, 12.28–12.30

grazing land, 12.41

horticulture, 12.42

keeping livestock, 12.40

‘land’, 12.38

livestock, 12.40

material change of use, 12.31–12.37

recreational use, 12.43

planning policy

natural environment, 12.14–12.18

rural areas, 12.06–12.13

poorer quality land, 12.11

rural areas

agricultural occupancy condition, 12.13

best quality farmland, 12.11

general principles, 12.19–12.13

housing needs, 12.12

intrinsic character and beauty of countryside, 12.09

National Planning Policy Framework, 12.07–12.08

planning principles, 12.10

poorer quality land, 12.11

PPG7/PPS7, 12.06

special circumstances, 12.12

sustainable development, 12.10

rural land projects (EIA)

appeals, 12.186

application of regulations, 12.164–12.177

consent, 12.182–12.185

determination test, 12.170–12.171

enforcement, 12.187

environmental statement, 12.181

European sites, 12.177

exceptions, 12.176

generally, 12.159–12.160

identifying projects, 12.170–12.174

introduction, 12.161–12.163

obtaining consent, 12.182–12.185

operational test, 12.170, 12-172–12.173

restructuring projects, 12.166–12.167

scope of regulations, 12.164–12.177

scoping opinion, 12.181

screening decision, 12.178–12.180

sensitive areas, 12.175

uncultivated land projects, 12.168–12.169

sites of special scientific interest, 12.03

special areas of conservation, 12.03

special circumstances, 12.12

sustainable development, 12.10

tree preservation orders

application, 12.192

breach, 12.194

compensation, 12.195

conservation areas, 12.196–12.197

exceptions, 12.193

power to make, 12.188–12.195

scope, 12.192

terms, 12.192

‘tree’, 12.191

units of 5 hectares or more

agricultural land, 12.68–12.71

agricultural unit, 12.73

alteration of a building, 12.76–12.77

‘building’, 12.76

conditions, 12.88–12.95

deposit of waste materials, 12.94–12.95

dwelling house exclusion, 12.72

engineering operations, 12.78

erection of a building, 12.76–12.77

excavation, 12.78

extension of a building, 12.76–12.77

extraction of minerals, 12.93

fish farming, 12.86

fixed equipment, 12.77

ground area limitation, 12.80–12.82

height near aerodromes, 12.83

introduction, 12.64–12.101

limitations, 12.79–12.87

livestock units, 12.87–12.90

mineral extraction, 12.93

minimum area of land, 12.74

nature of development, 12.76–12.78

notification requirements, 12.96–12.101

overview, 12.60

proximity to metalled roads, 12.84–12.85

‘reasonably necessary’, 12.75

scope of rights, 12.64–12.74

siting of livestock units, 12.87

size limitation, 12.80–12.82

slurry and sewage sludge, 12.91–12.92

use for agriculture, 12.69–12.70

use for purposes of a trade or business, 12.71

type limitation, 12.79

waste material deposit, 12.94–12.95

units of less than 5 hectares

alteration of a building, 12.104

deposit of waste, 12.106

development permitted, 12.103–12.106

installation of plant and machinery, 12.105

extension of a building, 12.104

scope of rights, 12.102

working minerals for agricultural purposes, 12.107–12.108

Planning permission

agricultural user, 12.28–12.30

‘agriculture’, 12.39–12.43

breeding livestock, 12.40

‘building operations’, 12.20

‘development’, 12.19–12.27

exemption from control, 12.28–12.30

grazing land, 12.41

horticulture, 12.42

keeping livestock, 12.40

‘land’, 12.38

livestock, 12.40

material change of use, 12.31–12.37

recreational use, 12.43

termination of farm business tenancies, and, 4.62–4.65

Planning policy

generally, 2.07–2.08

‘Polluter pays’ principle

cross-compliance, and, 15.77–15.78

generally, 2.45

Pollution control

aerial pollution

Code of Good Agricultural Practice, 14.55, 14.105

crop residue burning, 14.76–14.80

heather and grass burning, 14.81–14.82

integrated pollution prevention and control, 14.62–14.76

introduction, 14.54A

odour and smoke emissions, 14.55–14.61

pig and poultry installations, 14.62–14.76

statutory nuisances, 14.55–14.61

agricultural waste

Code of Good Agricultural Practice, 14.84

definition, 14.85–14.88

disposal by waste management companies, 14.94

disposal off-farm, 14.93

disposal on farm, 14.97

duty of care, 14.89–14.91

hazardous waste, 14.98

introduction, 14.83–14.84

low-risk waste, and, 14.95–14.96

temporary storage, 14.92

‘waste’, 14.85–14.88

Code of Good Agricultural Practice

aerial pollution, 14.55, 14.105

agricultural waste, 14.84

generally, 14.100–14.107

introduction, 14.02

soil, 14.106–14.107

water pollution, 14.54, 14.101–14.104

‘command and control’ model, 14.02

crop residue burning

conditions on permitted burning, 14.80

generally, 14.76–14.77

prohibition, 14.78–14.79

diffuse water pollution

generally, 14.08

nitrates, 14.35–14.52

silage, slurry and fuel oil, 14.25–14.34

emission of smoke and odours

abatement notices, 14.56–14.57

criminal liability, 14.58

development control, and, 14.59–14.61

introduction, 14.55

environmental permits, 14.03

EU Directives, 14.01

fuel oil

exemption for old installations, 14.32–14.33

introduction, 14.25–14.26

notice requiring works, 14.34

storage, 14.30–14.31

good agricultural practice, and

aerial pollution, 14.55

air, 14.105

Code of Practice, 14.100–14.107

‘right to farm’, and, 14.99

soil, 14.106–14.107

water, 14.101–14.104

water pollution, 14.54

hazardous waste, 14.98

heather and grass burning, 14.81–14.82

integrated pollution prevention and control

best available techniques, 14.71–14.73

enforcement, 14.75

environmental permit, 14.67–14.70

fertiliser manufacture, 14.74

introduction, 14.62–14.64

pesticide manufacture, 14.74

scope, 14.65–14.66

introduction, 14.01–14.03

legislative framework, 14.02

nitrate sensitive areas

designation, 14.40–14.41

introduction, 14.38–14.39

management agreements, 14.43

scheme, 14.42

nitrate vulnerable zones

designation, 14.45–14.48

introduction, 14.38–14.39

management prescriptions, 14.49–14.52

nitrates

EU Directive, 14.36

introduction, 14.35–14.39

nitrate sensitive areas, 14.40–14.43

nitrate vulnerable zones, 14.44–14.52

odour and smoke emissions

abatement notices, 14.56–14.57

criminal liability, 14.58

development control, and, 14.59–14.61

introduction, 14.55

silage

exemption for old installations, 14.32–14.33

introduction, 14.25–14.26

making 14.27–14.28

notice requiring works, 14.34

storage 14.27–14.28

slurry

exemption for old installations, 14.32–14.33

introduction, 14.25–14.26

notice requiring works, 14.34

storage, 14.29

soil protection, 14.106–14.107

‘voluntary’ principle, 14.02

water pollution

‘causes’, 14.22–14.23

Code of Good Agricultural Practice, 14.54, 14.101–14.104

‘controlled waters’, 14.20

defences, 14.24

diffuse water pollution, 14.08

‘knowingly permits’, 14.22–14.23

legislative policies, 14.06–14.08

inorganic nitrates, 14.35–14.39

nitrate sensitive areas, 14.40–14.43

nitrate vulnerable zones, 14.44–14.52

offences, 14.17–14.24

point source pollution, 14.07

poisonous, noxious or polluting matter, 14.21

preventive measures, 14.25–14.

problem areas, 14.04–14.05

quality standards, 14.09–14.16

silage and slurry storage, 14.25–14.34

water protection zones, 14.53

water protection zones, 14.53

water quality

environmental permits, 14.12–14.16

introduction, 14.09

statutory objectives, 14.10–14.11

Possession

Agricultural Holdings Act 1986, and, 1.22–1.23

agricultural research, 7.23

allotments, 7.24

appropriation of payments, 7.83

arbitration on notices

do work, to, 7.92–7.96

generally, 7.46–7.47

lapse of demand, 7.48

non-agricultural use, and, 7.66

quit, to, 7.97–7.99

remedy, to, 7.52

bad husbandry certificates, 7.67–7.72

Cases for possession

arbitration on notices, 7.46–7.48

certainty, 7.42–7.45

certificate of bad husbandry, 7.67–7.72

death of tenant, 7.121–7.123

insolvency of tenant, 7.118–7.120

introduction, 7.39–7.41

irremediable breach of tenancy, 7.113–7.117

Ministry certificate, 7.124

non-agricultural use, 7.56–7.66

postponement of notices, 7.50–7.51

remediable breach of tenancy, 7.73–7.112

retirement of smallholders, 7.53–7.55

certainty of notices

Case relied upon, 7.45

generally, 7.03

source of obligations breached, 7.44

type of notice, 7.42–7.43

certificate of bad husbandry, 7.67–7.72

consent to operation of notices

agricultural research, 7.23

allotments, 7.24

Cases for possession, and, 7.39

conditions, 7.31

‘fair and reasonable landlord’, 7.30

good husbandry, 7.20–7.21

greater hardship, 7.24–7.28

grounds, 7.20–7.29

introduction, 7.18–7.19

non-agricultural use, 7.29

remediable breach of tenancy, 7.73–7.112

sound management of estate, 7.22

counter-notices

Cases for possession, and, 7.39

generally, 7.15–7.17

death of tenant

generally, 7.121

‘relevant notice’, 7.122–7.123

duration of notices

exceptions, 7.13–7.14

fixed term tenancies, and, 7.11

generally, 7.10

introduction, 7.02

mandatory period, 7.10

twelve months, 7.10

waiver of right to full notice, 7.12

failure to keep property in good repair

arbitration on notice to do work, 7.92–7.96

arbitration on notice to quit, 7.97–7.99

introduction, 7.90–7.91

Tribunal consent to notice to quit, 7.10–7.104

failure to remedy not involving work, 7.105–7.110

failure to remedy other breach, 7.86–7.89

‘fair and reasonable landlord’, 7.30

fixed term tenancies, and

duration of notices to quit, 7.11

forfeiture, and

general law, 7.126–7.127

statute, under, 7.128–7.129

form of notices, 7.06–7.07

fraud, and, 7.08–7.09

good husbandry, 7.20–7.21

greater hardship, 7.24–7.28

human rights, and

remediable breach of tenancy, 7.111–7.112

insolvency of tenant, 7.118–7.120

introduction, 7.01–7.02

irremediable breach of tenancy, 7.113–7.117

joint tenancies

counter-notice by tenant, 7.137–7.145

generally, 7.130–7.132

liability for breach of trust, 7.142–7.145

notices to quit by landlord, 7.136

notices to quit by tenant, 7.133–7.134

surrender of tenancy, 7.135

Ministry certificate, 7.124

minor errors in notices, 7.04–7.05

non-agricultural use

arbitration on notice to quit, 7.66

generally, 7.56–7.66

not requiring planning permission, 7.63–7.65

scope of Case, 7.56–7.59

Tribunal consent to operation of notices, 7.29

with planning permission, 7.60–7.62

non-payment of rent

appropriation of payments, 7.83

mode of payment, 7.81

notice to pay, 7.74–7.80

notice to quit, 7.84–7.85

tender of payment, 7.82

Northfield Report, and, 1.15

notices to do works of repair, maintenance or replacement

arbitration on notice to do work, 7.92–7.96

arbitration on notice to quit, 7.97–7.99

introduction, 7.90–7.91

Tribunal consent to notice to quit, 7.10–7.104

notices to quit

alternative, in, 7.49

arbitration, and, 7.46–7.48

certainty as to type, 7.42–7.43

construction, 7.03–7.09

duration, 7.10–7.14

introduction, 7.01–7.02

non-payment of rent, and, 7.84–7.85

postponement, 7.50–7.51

repossession of part of building, 7.32–7.38

Tribunal consent to operation, 7.18–7.31

unqualified, 7.15–7.17

validity, 7.03–7.09

notices to remedy not involving work, 7.105–7.110

postponement of notices, 7.50–7.51

proviso for re-entry and forfeiture

general law, 7.126–7.127

statute, under, 7.128–7.129

remediable breach of tenancy

failure to keep property in good repair, 7.90–7.104

failure to remedy not involving work, 7.105–7.110

failure to remedy other breach, 7.86–7.89

human rights, and, 7.111–7.112

introduction, 7.73

non-payment of rent, 7.74–7.85

repossession of part of building

enlargement of notices, 7.37

notices to quit, 7.32–7.36

reduction in rent, 7.38

retirement of smallholders, 7.53–7.55

servicemen tenants, 7.125

sound management of estate, 7.22

statutory framework, 1.22–1.23

sub-tenancies, 7.146–7.147

tender of payment, 7.82

Tribunal consent to operation of notices

agricultural research, 7.23

allotments, 7.24

conditions, 7.31

‘fair and reasonable landlord’, 7.30

good husbandry, 7.20–7.21

greater hardship, 7.24–7.28

grounds, 7.20–7.29

introduction, 7.18–7.19

non-agricultural use, 7.29

sound management of estate, 7.22

unambiguity of notices, 7.03

unqualified notices, 7.15–7.17

validity of notices

certainty, 7.03

form, 7.06–7.07

fraud, and, 7.08–7.09

minor errors, 7.04–7.05

unambiguity, 7.03

waiver of minor errors, 7.04–7.05

waiver of right to full notice, 7.12

Postponement

notices to quit, and, 7.50–7.51

Power of entry

agricultural tenancy agreement, and, 6.34–6.35

Produce

agricultural tenancy agreement, and, 6.26–6.29

Protected agricultural occupancies

‘agriculture’, 11.16

agriculture-related employment, 11.15–11.19

employee suffering ‘qualifying disease or injury’, 11.14

introduction, 11.03

‘livestock’, 11.18

permit workers, 11.13

‘protected occupier in his own right’, 11.04–11.05

‘qualifying disease or injury’, 11.14

qualifying ownership, 11.08

qualifying worker, 11.09–11.12

relevant tenancy or licence, 11.06–11.07

security of tenure, 11.33–11.36

statutory tenancies

access, 11.30

licences, 11.26

non-assignment and user, 11.29

non-contractual arrangements, 11.27

notice to quit, 11.31

other terms, 11.23–11.32

rent, 11.24

rent control, 11.21–11.22

repairing obligations, 11.28

variation of terms, 11.32

statutory tenants in their own right, 11.20

subtenants, 11.37

succession rights, 11.38–11.40

surrender and regrant, and, 11.05

Proviso for re-entry

agricultural tenancy agreement, and, 6.43–6.44

general law, 7.126–7.127

statute, under, 7.128–7.129

Public policy

generally, 2.02

Q

Quota clauses

agricultural tenancy agreement, and, 6.50–6.56

R

Re-entry and forfeiture

farm business tenancies, and, 3.57–3.58

Reletting

farm business tenancies, and, 3.18

Record of condition of holding and equipment

agricultural tenancy agreement, and, 6.109

Re-entry and forfeiture

agricultural tenancy agreement, and, 6.43–6.44

general law, 7.126–7.127

statute, under, 7.128–7.129

Rehousing

former agricultural workers, and, 11.75–11.80

Remediable breach of tenancy

failure to keep property in good repair,

arbitration on notice to do work, 7.92–7.96

arbitration on notice to quit, 7.97–7.99

introduction, 7.90–7.91

Tribunal consent to notice to quit, 7.10–7.104

failure to remedy not involving work, 7.105–7.110

failure to remedy other breach, 7.86–7.89

human rights, and, 7.111–7.112

introduction, 7.73

non-payment of rent

appropriation of payments, 7.83

mode of payment, 7.81

notice to pay, 7.74–7.80

notice to quit, 7.84–7.85

tender of payment, 7.82

Removal of fixtures

agricultural tenancy agreement, and, 6.102–6.108

Removal of fruit trees and bushes

allotments, and, 10.36

Removal of manure

agricultural tenancy agreement, and, 6.30

Rent

agricultural tenancy agreement, and

generally, 6.110

review, 6.110–6.160

valuation, 6.129–6.

farm business tenancies, and

dispute resolution, 3.108

generally, 3.107–3.109

review, 3.110–3.120

severance of reversion, 3.121

valuation, 3.122–3.132

smallholdings, and, 10.18

Rent Acts

agricultural holdings, and

generally, 5.96–5.98

subtenant of non-tied accommodation, 5.101–5.102

tied agricultural accommodation, 5.99–5.100

Rent review

agricultural tenancy agreement, and

adoption of special system of farming, 6.154

contracting out, 6.158–6.160

current level for comparable lettings, 6.142–6.148

date of reference for valuation purposes, 6.120

demand for arbitration, 6.111–6.114

dilapidations by tenant, 6.157

factors to be disregarded, 6.151–6.157

fixed equipment, 6.152–6.153

frequency, 6.124–6.128

generally, 6.110

landlord’s improvements, 6.155

lapse of demand, 6.121–6.123

marriage value in comparable lettings, 6.147

premium value in comparable lettings, 6.148

procedure, 6.111–6.123

relevance of farm business tenancy rents, 6.149–6.150

scarcity value in comparable lettings, 6.144–6.146

severance of reversionary estate, 6.116–6.119

surrender and regrant, 6.129

tenant’s occupation, 6.156

tenant’s improvements, 6.152–6.153

three yearly review cycle, 6.125–6.128

withdrawal of demand for arbitration, 6.115

farm business tenancies, and

agreed period or dates, 3.119

appointment of arbitrator, 3.135–3.137

appointment of arbitrator by President of RICS, 3.138–3.141

appointment of independent expert, 3.135–3.137

arbitration notices, 3.133–3.134

exclusion of statutory formula, 3.110–3.117

expert appointment, 3.135–3.137

frequency, 3.118–3.121

procedure, 3.133–3.141

severance of reversion, 3.121

statutory periods, 3.120

Rent valuation

agricultural tenancy agreement, and

‘all relevant factors’, 6.131–6.134

character of holding, 6.136

‘productive capacity’, 6.137–6.138

‘related earning capacity’, 6.139–6.141

rent properly payable, 6.129–6.130

specific factors, 6.135–6.160

terms of the tenancy, 6.136

farm business tenancies, and

‘all relevant factors’, 3.126

comparison with AHA valuations, 3.131–3.132

disregard of tenant’s improvements, 3.127–3.129

generally, 3.122–3.124

other disregards, 3.130

terms of tenancy, 3.125

Repair and maintenance of fixed equipment

Agricultural Holdings, and

exterior repairs and replacements, 6.70–6.72

generally, 6.47–6.49

insurance, 6.83

introduction, 6.63–6.65

landlord’s rights and liabilities, 6.79–6.86

maintenance, 6.84–6.86, 6.90

Model clauses, 6.63–6.69

Model clauses (1973), 6.70–6.74

Model clauses (2015), 6.75–6.90

non-structural repairs, 6.73–6.74

principles of incorporation, 6.66–6.69

redundant buildings, 6.101

remedies under General Law, 6.94–6.100

remedies under Model Clauses, 6.91–6.93

rights and liabilities, 6.79–6.90

structural repairs and replacements, 6.70–6.72

tenant’s rights and liabilities, 6.87–6.90

Farm Business tenancies and, 3.74–3.76

Repairing clauses

farm business tenancies, and

choice of liability, 3.74–3.78

content of obligations, 3.79–3.81

Repossession of part

farm business tenancies, and, 3.54–3.55

Residence clause

agricultural tenancy agreement, and, 6.46

farm business tenancies, and, 3.73

Retirement

smallholders, and, 7.53–7.55

succession, and

see also Succession on retirement

generally, 8.72–8.105

scope of scheme, 8.02–8.03

Right of removal of fixtures and buildings

agricultural tenancy agreement, and

conditions for exercise, 6.105–6.108

excluded classes of fixture, 6.104

introduction, 6.102

statute, under, 6.103–6.104

Right to written document

agricultural tenancy agreement, and, 6.06–6.18

Rights of way

generally, 2.08

Rural development

Agenda 2000, and, 2.37–2.38

CAP programmes, 2.05

cross compliance, 2.32

EAFRD, 2.49

EU Regulation (1999), 2.40–2.42

EU Regulation (2005), 2.43–2.48

EU Regulation (2013), 2.28, 2.49–2.54

Europa 2000, and, 2.49–2.54

funding, 2.49

generally, 2.34–2.35

guiding principles, 2.14

introduction, 2.02

McSharry Proposals, and, 2.36

objectives, 2.50

priorities, 2.51

S

Schedule 1 terms

arbitration, 6.09–6.11

generally, 6.07–6.08

Scottish Natural Heritage

generally, 13.04

Security of tenure

Agricultural Holdings Act 1986, and, 1.22–1.23

agricultural research, 7.23

allotments, 7.24

appropriation of payments, 7.83

arbitration on notices

do work, to, 7.92–7.96

generally, 7.46–7.47

lapse of demand, 7.48

non-agricultural use, and, 7.66

quit, to, 7.97–7.99

remedy, to, 7.52

bad husbandry certificates, 7.67–7.72

Cases for possession

arbitration on notices, 7.46–7.48

certainty, 7.42–7.45

certificate of bad husbandry, 7.67–7.72

death of tenant, 7.121–7.123

insolvency of tenant, 7.118–7.120

introduction, 7.39–7.41

irremediable breach of tenancy, 7.113–7.117

Ministry certificate, 7.124

non-agricultural use, 7.56–7.66

postponement of notices, 7.50–7.51

remediable breach of tenancy, 7.73–7.112

retirement of smallholders, 7.53–7.55

certainty of notices

Case relied upon, 7.45

generally, 7.03

source of obligations breached, 7.44

type of notice, 7.42–7.43

certificate of bad husbandry, 7.67–7.72

consent to operation of notices

agricultural research, 7.23

allotments, 7.24

Cases for possession, and, 7.39

conditions, 7.31

‘fair and reasonable landlord’, 7.30

good husbandry, 7.20–7.21

greater hardship, 7.24–7.28

grounds, 7.20–7.29

introduction, 7.18–7.19

non-agricultural use, 7.29

remediable breach of tenancy, 7.73–7.112

sound management of estate, 7.22

counter-notices

Cases for possession, and, 7.39

generally, 7.15–7.17

death of tenant

generally, 7.121

‘relevant notice’, 7.122–7.123

duration of notices

exceptions, 7.13–7.14

fixed term tenancies, and, 7.11

generally, 7.10

introduction, 7.02

mandatory period, 7.10

twelve months, 7.10

waiver of right to full notice, 7.12

failure to keep property in good repair

arbitration on notice to do work, 7.92–7.96

arbitration on notice to quit, 7.97–7.99

introduction, 7.90–7.91

Tribunal consent to notice to quit, 7.10–7.104

failure to remedy not involving work, 7.105–7.110

failure to remedy other breach, 7.86–7.89

‘fair and reasonable landlord’, 7.30

farm cottages, and, 11.33–11.36

fixed term tenancies, and duration of notices to quit, 7.11

forfeiture, and

general law, 7.126–7.127

statute, under, 7.128–7.129

form of notices, 7.06–7.07

fraud, and, 7.08–7.09

good husbandry, 7.20–7.21

greater hardship, 7.24–7.28

human rights, and remediable breach of tenancy, 7.111–7.112

insolvency of tenant, 7.118–7.120

introduction, 7.01–7.02

irremediable breach of tenancy, 7.113–7.117

joint tenancies

counter-notice by tenant, 7.137–7.145

generally, 7.130–7.132

liability for breach of trust, 7.142–7.145

notices to quit by landlord, 7.136

notices to quit by tenant, 7.133–7.134

surrender of tenancy, 7.135

Ministry certificate, 7.124

minor errors in notices, 7.04–7.05

non-agricultural use

arbitration on notice to quit, 7.66

generally, 7.56–7.66

not requiring planning permission, 7.63–7.65

scope of Case, 7.56–7.59

Tribunal consent to operation of notices, 7.29

with planning permission, 7.60–7.62

non-payment of rent

appropriation of payments, 7.83

mode of payment, 7.81

notice to pay, 7.74–7.80

notice to quit, 7.84–7.85

tender of payment, 7.82

Northfield Report, and, 1.15

notices to do works of repair, maintenance or replacement

arbitration on notice to do work, 7.92–7.96

arbitration on notice to quit, 7.97–7.99

introduction, 7.90–7.91

Tribunal consent to notice to quit, 7.10–7.104

notices to quit

alternative, in, 7.49

arbitration, and, 7.46–7.48

certainty as to type, 7.42–7.43

construction, 7.03–7.09

duration, 7.10–7.14

introduction, 7.01–7.02

non-payment of rent, and, 7.84–7.85

postponement, 7.50–7.51

repossession of part of building, 7.32–7.38

Tribunal consent to operation, 7.18–7.31

unqualified, 7.15–7.17

validity, 7.03–7.09

notices to remedy not involving work, 7.105–7.110

postponement of notices, 7.50–7.51

protected agricultural occupancies, and, 11.33–11.36

proviso for re-entry and forfeiture

general law, 7.126–7.127

statute, under, 7.128–7.129

remediable breach of tenancy

failure to keep property in good repair, 7.90–7.104

failure to remedy not involving work, 7.105–7.110

failure to remedy other breach, 7.86–7.89

human rights, and, 7.111–7.112

introduction, 7.73

non-payment of rent, 7.74–7.85

repossession of part of building

enlargement of notices, 7.37

notices to quit, 7.32–7.36

reduction in rent, 7.38

retirement of smallholders, 7.53–7.55

servicemen tenants, 7.125

sound management of estate, 7.22

statutory framework, 1.22–1.23

sub-tenancies, 7.146–7.147

tender of payment, 7.82

Tribunal consent to operation of notices

agricultural research, 7.23

allotments, 7.24

conditions, 7.31

‘fair and reasonable landlord’, 7.30

good husbandry, 7.20–7.21

greater hardship, 7.24–7.28

grounds, 7.20–7.29

introduction, 7.18–7.19

non-agricultural use, 7.29

sound management of estate, 7.22

unambiguity of notices, 7.03

unqualified notices, 7.15–7.17

validity of notices

certainty, 7.03

form, 7.06–7.07

fraud, and, 7.08–7.09

minor errors, 7.04–7.05

unambiguity, 7.03

waiver of minor errors, 7.04–7.05

waiver of right to full notice, 7.12

Series of tenancies

compensation for termination of agricultural holdings, and, 9.19–9.20

Servicemen tenants

security of tenure, and, 7.125

Severance of reversion

compensation for termination of agricultural holdings, and, 9.52

Share farming

agricultural holdings, and, 5.77–5.83

Short notice clause

agricultural tenancy agreement, and, 6.38–6.39

Single farm payment (SFP)

cross compliance, and, 2.21–2.25

generally, 2.18–2.20

rural development, and, 2.45

Scottish Natural Heritage

generally, 13.04

Silage

exemption for old installations, 14.32–14.33

introduction, 14.25–14.26

making 14.27–14.28

notice requiring works, 14.34

storage 14.27–14.28

Sites of Community importance

nature conservation, and, 13.64

Sites of special scientific interest

agricultural operations, 13.24–13.29

change of owner or occupier, 13.39

compensation for entry, 13.49

compulsory purchase, 13.50

confirmation, 13.13

cross-compliance, and, 15.66–15.69

defences, 13.40

development control, and, 13.152–13.159

duties of public bodies and statutory undertakers, 13.30–13.32

emergency operations, 13.40

European sites, and, 13.66

factors that can be taken into account, 13.18–13.20

human rights, and, 13.51–13.63

introduction, 2.04

land tenure, 13.125–13.128

management agreements, 13.96

management orders, 13.43–13.44

management schemes, 13.42

notification, 13.11–13.23

owner and/or occupier liability, 13.34–13.35

payments by conservation body, 13.45

payments under management agreements, 13.140–13.143

permitted development rights, 13.158–13.159

positive management, 13.41–13.44

powers of entry, 13.46–13.49

‘reasonable excuse’, 13.40

restrictions, 13.24–13.29

right to fair and public hearing, 13.51–13.56

right to peaceful enjoyment of property, 13.57–13.63

role of conservation body, 13.14–13.17

scope of liability, 13.33–13.38

Section G authority liability, 13.36

service of notices, 13.22–13.23

site notification, 13.51–13.63

third party liability, 13.37–13.38

variation of notification, 13.21

Slurry

exemption for old installations, 14.32–14.33

introduction, 14.25–14.26

notice requiring works, 14.34

storage, 14.29

Smallholdings

cropping, 10.20

designated authorities, 10.12–10.13

fixed equipment, 10.19

freedom of cropping, 10.20

management powers, 10.17

rent, 10.18

tenancies, 10.14–10.22

variation of other statutory rights, 10.21

Smoke emissions

abatement notices, 14.56–14.57

criminal liability, 14.58

development control, and, 14.59–14.61

introduction, 14.55

Soil protection

cross-compliance, and, 15.48–15.50

pollution control, and, 14.106–14.107

Sound management of estate

security of tenure, and, 7.22

Special areas for protection

areas of outstanding natural beauty, 13.82–13.87

environmentally sensitive areas, 13.76–13.77

European sites, 13.64–13.75

limestone pavement orders, 13.92

national parks, 13.78–13.81

nature reserves, 13.88–13.91

sites of Community importance, 13.64

sites of special scientific interest, 13.11–13.63

special areas of conservation, 13.64

special protection areas, 13.64

Special areas of conservation

generally, 13.64

Special nature conservation orders

generally, 13.72–13.74

Special protection areas

generally, 13.64

Standard of cultivation and management

agricultural tenancy agreement, and, 6.20–6.21

Standard of good agricultural and environmental condition

farm business tenancies, and, 2.30–2.31

Statutory succession

see also Succession

death, on, 8.04–8.71

introduction, 8.01

retirement, on, 8.72–8.105

scope of scheme, 8.02–8.03

Statutory tenancies

access, 11.30

licences, 11.26

non-assignment and user, 11.29

non-contractual arrangements, 11.27

notice to quit, 11.31

other terms, 11.23–11.32

rent, 11.24

rent control, 11.21–11.22

repairing obligations, 11.28

variation of terms, 11.32

Stone walls and banks

cross-compliance, and, 15.58–15.59

Street v Mountford

agricultural holdings, and, 5.51–5.52

Sub-letting

farm business tenancies, and, 3.59–3.66

Substantial agricultural user

agricultural holdings, and, 5.15–5.16

Sub-tenancies

agricultural holdings, and, 7.146–7.147

protected agricultural occupancies, and, 11.37

succession on death, and, 8.64–8.66

succession on retirement, and, 8.98

Succession

death, on

see also Succession on death

generally, 8.04–8.71

farm business tenancies, and, 3.29–3.31

introduction, 8.01

Northfield Report, and

lifetime, 1.14

rights, 1.13

protected agricultural occupancies, and, 11.38–11.40

retirement, on

see also Succession on retirement

generally, 8.72–8.105

scope of scheme, 8.02–8.03

Succession on death

Agricultural Holdings and

anti-avoidance provisions, 8.44–8.45

arbitration on terms of new tenancy, 8.68–8.71

close relatives restriction, 8.16

commencement of succession tenancy, 8.61–8.62

death of applicant, 8.67

deemed occupation, 8.51–8.52

designation by will or codicil, 8.07–8.09

direction for tenancy

commencement, 8.61–8.62

death of applicant, 8.67

introduction, 8.60

part of holding, 8.63

sub-tenancies, 8.64–8.66

disregarded occupation

farm business tenancies, 8.47

insecure interests, 8.48–8.50

introduction, 8.46

eligibility

introduction, 8.17

livelihood condition, 8.18

occupancy condition, 8.19

extension of insecure interests, 8.10

general, 8.04–8.05

interaction with retirement provisions, 8.104

landlord’s notice to quit, 8.57–8.59

livelihood condition

‘agricultural work on the holding’, 8.25–8.29

‘derived’ from his work on the holding, 8.32

‘fair and reasonable to proceed’, 8.37

for a ‘period of five years’, 8.30–8.31

generally, 8.20–8.37

introduction, 8.18

‘principal source of livelihood’, 8.20–8.24

relaxation of, 8.33–8.36

more than one application to succeed designation by will or codicil, 8.07–8.09

general rule, 8.06

more than one holding application, 8.56

occupancy condition

anti-avoidance provisions, 8.44–8.45

deemed occupation, 8.51–8.52

disregarded occupation, 8.46–8.

generally, 8.38–8.40

introduction, 8.19

satisfaction of, 8.41–8.43

overview, 8.02–8.03

part of holding, 8.63

single commercial unit restriction, 8.53

sub-tenancies, 8.64–8.66

suitability, 8.54–8.55

two successors restriction

‘counting’ events, 8.12–8.15

introduction, 8.11

retrospectivity, 8.15

Succession on retirement

Agricultural Holdings and

application for tenancy

dismissal of application, 8.86

greater hardship, 8.85

introduction, 8.81

suitability of nominated successor, 8.82–8.83

arbitration on terms of new tenancy, 8.99

death of retiring tenant, 8.100–8.102

direction for tenancy, 8.95–8-97

dismissal of application, 8.86, 8.94

effect of direction on succession to other holdings, 8.103

eligibility of nominated successor, 8.79–8.80

greater hardship, 8.85

interaction with death provisions, 8.104

introduction, 8.72–8.73

landlord’s notice to quit, 8.93

notices to quit, and, 8.87–8.92

overview, 8.02–8.03

retirement notices

generally, 8.74–8.78

notices to quit, and, 8.87–8.92

sub-tenancies, 8.98

suitability, 8.82–8.83

voluntary arrangements, 8.105

Surrender and regrant

compensation for termination of agricultural holdings, and, 9.07

farm business tenancies, and

generally, 3.23–3.25

implied, 3.33–3.35

termination, 4.43–4.44

T

Tenancy agreements

agricultural holdings, and

arbitration as to terms, 6.09–6.11

conservation covenant, 6.45

covenant against alienation, 6.12–6.18, 6.40–6.42

creation, 6.04

distress for unpaid rent, 6.161–6.165

estate management obligations, 6.19–6.23

express covenants, 6.24–6.31

express leasehold covenants, 6.36–6.56

fixed equipment, 6.47–6.49, 6.57–6.101

fixtures and buildings, 6.102–6.108

formalities, 6.04

good husbandry clause, 6.37

husbandry obligations, 6.19–6.23

miscellaneous statutory rights, 6.32–6.35

quota clauses, 6.50–6.56

record of condition of holding and equipment, 6.109

re-entry and forfeiture, 6.43–6.44

removal of fixtures, 6.102–6.108

rent review, 6.110–6.128

rent valuations, 6.129–6.160

repair and maintenance, 6.47–6.49, 6.63–6.101

residence, 6.46

right to written document, 6.06–6.18

Schedule 1 terms, 6.07–6.08

short notice clause, 6.38–6.39

statutory framework, 6.01–6.03

farm business tenancies, and

agri-environment schemes, 3.71–3.72

basic payment scheme, 3.83–3.106

break clauses, 3.50–3.56

covenant against alienation, 3.59–3.66

duration, 3.38–3.40

freedom of contract, and, 3.36

husbandry obligations, 3.41–3.49

insurance, 3.82

introduction, 3.36–3.37

re-entry and forfeiture, 3.57–3.58

repairing obligations, 3.74–3.81

residence clause, 3.73

user covenants, 3.67–3.70

Tenancy Reform Industry Group (TRIG)

establishment, 1.32

reform proposals

agricultural holdings, 1.34

agricultural property relief, 1.36

business asset taper relief, 1.36

Code of Practice for Agri-Environment Schemes and Diversification, 1.38–1.40

farm business tenancies, 1.35

farm diversification, 1.36

implementation, 1.37–1.44

inheritance tax, 1.36

introduction, 1.33

legislative response, 1.37

Report (2003)

further reform proposals, 1.41–1.44

implementation of proposals, 1.37–1.40

introduction, 1.33

reform proposals, 1.34–1.36

terms of reference, 1.32

Tenant right

compensation for termination of agricultural holdings, and, 9.38–9.41

Tender

non-payment of rent, and, 7.82

Termination of farm business tenancies

compensation

fixtures, 4.48–4.54

generally, 4.46–4.47

improvements, 4.55–4.

‘land’, 4.48

legal framework, 4.46–4.47

compensation for fixtures

consequences of annexation, 4.50–4.52

‘fixtures’, 4.49

generally, 4.48

statutory right of removal, 4.53–4.54

compensation for improvements

amount, 4.75–4.84

appointment of arbitrator, 4.87–4.88

business goodwill, 4.67

conditions of claim, 4.58

consent to improvements, 4.68–4.74

contracting out, and, 4.95–4.96

generally, 4.48

goodwill, 4.67

IACS designations, 4.67

intangible improvements, 4.62–4.67

landlord’s consent to improvements, 4.68–4.74

limit to amount, 4.80–4.83

notice of claim, 4.86

other intangible advantages. 4.66–4.67

physical and routine improvements, 4.59–4.61

planning permission, 4.62–4.65

protecting the tenant’s right, 4.89–4.96

repossession of part of holding, 4.91–4.93

settlement of claim, 4.85–4.88

severance of reversion, 4.94

successive tenancies, 4.90

‘tenant’s improvements’, 4.56–4.57

compensation for planning permission

amount, 4.84

generally, 4.62–4.65

fixed term tenancies

breach of other covenants, and, 4.22–4.26

breach of repairing covenant, and, 4.32–4.33

break clauses, 4.09–4.13

forfeiture, 4.15–4.34

irremediable breaches, and, 4.24–4.27

leases for lives, 4.14

less than two years, of, 4.07

non-payment of rent, and, 4.19–4.21

over two years, of, 4.02–4.06

proviso for re-entry, 4.17–4.18

relief against forfeiture, 4.28–4.31

remediable breaches, and, 4.24–4.27

severance of reversion, 4.08

waiver, 4.34

introduction, 4.01

merger, 4.45

periodic tenancies

joint tenants, 4.40

other, 4.39

sub-tenants, 4.41–4.42

yearly tenancies, 4.35–4.39

surrender, 4.43–4.44

yearly tenancies, 4.35–4.39

TFEU

generally, 2.14

Town and Country Planning Acts

generally, 2.09

Trade connection

agricultural holdings, and, 5.26

Treaty on the Functioning of the European Union (TFEU)

generally, 2.14

Tree preservation orders

application, 12.192

breach, 12.194

compensation, 12.195

conservation areas, 12.196–12.197

cross-compliance, and, 15.70

exceptions, 12.193

power to make, 12.188–12.195

scope, 12.192

terms, 12.192

‘tree’, 12.191

U

Unlawful use

agricultural holdings, and, 5.17

User covenants

farm business tenancies, and

compensation for improvements, 3.70

generally, 3.67–3.6

preserving tenancy status, 3.69

V

Validity

notices to quit, and

certainty, 7.03

form, 7.06–7.07

fraud, and, 7.08–7.09

minor errors, 7.04–7.05

unambiguity, 7.03

‘Voluntary’ principle

land use, and, 2.02

nature conservation, and, 13.01–13.02

pollution control, and, 14.02

W

Waiver

minor errors, of, 7.04–7.0

right to full notice to quit, of, 7.12

Water pollution

Code of Good Agricultural Practice, 14.54, 14.101–14.104

‘controlled waters’, 14.20

defences, 14.24

diffuse water pollution, 14.08

‘knowingly permits’, 14.22–14.23

legislative policies, 14.06–14.08

inorganic nitrates, 14.35–14.39

nitrate sensitive areas, 14.40–14.43

nitrate vulnerable zones, 14.44–14.52

offences, 14.17–14.24

point source pollution, 14.07

poisonous, noxious or polluting matter, 14.21

preventive measures, 14.25–14.

problem areas, 14.04–14.05

quality standards, 14.09–14.16

silage and slurry storage, 14.25–14.34

water protection zones, 14.53

Water protection zones

generally, 14.53

Water quality

environmental permits, 14.12–14.16

introduction, 14.09

statutory objectives, 14.10–14.11

Watercourses

cross-compliance, and, 15.51–15.52

Wildlife and Countryside Act 1981

generally, 2.04, 2.06

Wildlife Enhancement Scheme

generally, 13.117–13.121

management agreements, 13.122–13.123

Y

Yearly tenancies

termination of farm business tenancies, and, 4.35–4.39

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