1 The protected annual tenancy
5.27 For agricultural land to qualify as an ‘agricultural holding’, so coming within the protection of the legislation, it must have been let under a ‘contract of tenancy’, viz. a letting of land, or agreement for letting land, for a term of years or from year to year.58 Many agricultural tenancies are yearly tenancies, and the legislation provides that where they are within the 1986 Act, such tenancies can only be terminated by a minimum of twelve months’ notice to quit expiring on a term date of the tenancy.59 The Agricultural Holdings Act 1986 also converted into a yearly tenancy with protection any letting of land for an interest less than a yearly tenancy and many contractual licences to occupy agricultural land.
Provision was also made for the continuation of fixed term lettings of two years or more as yearly tenancies following termination. The scheme of protection was therefore based on the (deemed or actual) yearly tenancy of agricultural land, and security was given to the tenant by providing that such tenancies can only be brought to an end in accordance with the notice to quit provisions of Part I of the 1986 Act.60 The contract of tenancy must not be a contract under which the land was let to the tenant during his continuance in any office, appointment or employment held under the landlord.61 To prove the existence of a tenancy, writing is not essential – although the tenancy will, of course, commonly be in writing. If a landowner allowed someone to occupy land in return for an annual, or other regular, payment, the inference is that he was granting an agricultural tenancy or licence and the Agricultural Holdings Acts will apply accordingly. Entering into occupation in response to an verbal offer of a tenancy may also have given rise to an oral tenancy to which the provisions of the 1986 Act will apply.62
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