2 Tenancies for Two Years or Less
4.07 The provisions for statutory continuation only apply to terms for more than two years. A fixed term for two years or less will therefore terminate at common law by effluxion of time, without service of notice.
The 1995 Act contains no provision dealing with termination of this category of tenancy, and this is left to the common law rules. In practice, many short term arrangements which were formerly used under the Agricultural Holdings Act 1986 to create insecure short term occupancies, such as grazing licences and Gladstone v Bower tenancies,14 are now facilitated using short fixed terms of less than two years, without fear of unwittingly conferring security of possession on the tenant. The insecure status of short term farm business tenancies therefore gives considerable flexibility in arranging short-term lettings, such as trial tenancies, grass keep lets or short term commercial lets of land awaiting development.
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