Muir Watt & Moss: Agricultural Holdings

An agricultural holding is the land comprised in a tenancy of agricultural land or property, to be used wholly or mainly for agricultural purposes. The property may include, farm cottages, market gardens and small holdings as well as agricultural land, farms and farm buildings.

There are two main types of agricultural tenancy: tenancies subject to the old Agricultural Holdings Act 1986 regime (generally referred to as ‘agricultural holdings’ and those subject to the new Agricultural Tenancies Act 1995 regime (farm business tenancies). Broadly speaking, those tenancies beginning before September 1995 will be governed by the Agricultural Holdings Act 1986, and those beginning in or after that month will usually be governed by the Agricultural Tenancies Act 1995, though there are exceptions. It is critical to know which regime (if either) applies because the rules governing issues such as repairs, compensation, succession, rent review, security of tenure and termination differ between the two. The text covers in detail all aspects of these tenancies under both regimes.

The book offers a comprehensive and authoritative discussion of legal principles relating to agricultural tenancies with examples as to how the principles apply in practice, using relevant case law and secondary materials. The commentary in the text is supported by appendices including the relevant statutes, statutory instruments and specimen forms (or references to interactive forms available on the website. Importantly, the appendices also contain many procedural tables, which take the reader through the steps required in a variety of statutory procedures and applications.

Key features:

• A definitive work with a strong established reputation – it has been a leading authority since it first published in 1912
• Deals separately with the two statutory regimes governing agricultural tenancies – the Agricultural Tenancies Act 1995 and the Agricultural Holdings Act 1986 – and explains which applies
• The principles and case law under both Acts come under analysis, explaining the different types of tenancy and the rules applying to each
• Deals with such matters as tenancy creation, rent review, repairs and maintenance, removal of fixtures, security of tenure, succession and termination
• Explains the contractual and statutory obligations and rights of both landlord and tenant
• Addresses the key practical issues confronting a landlord or tenant, such as whether fixtures can be removed, whether compensation is available when a tenancy is terminated, how rent is to be reviewed and what happens on death or retirement
• Procedural tables included will help ensure the correct procedures are followed and meet the appropriate deadlines in relation to termination, succession, compensation, and variation of rent
• Guidance on effective service of notices under each Act
  

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Timothy Fancourt QC
Tim Fancourt has been involved in cases in the Court of Appeal and High Court relating to the enforceability of leasehold obligations, development agreements and authorised guarantee agreements, rectification of commercial leases and appeals against arbitration awards. He also acted for the bodies organising the Olympic Games in relation to protests and occupation of Games sites. He is involved in a number of rent reviews of large office buildings, retail parks and industrial units. His practice includes in particular disputes relating to development land, such as option valuations and overage claims, promissory and proprietary estoppels, dilapidations and contaminated land, and property and rent disputes arising from administrations and liquidations.

Caroline Shea QC
Caroline Shea practices in all areas of commercial, agricultural and residential property law, including related insolvency and professional negligence disputes. She has developed particular expertise in: boundaries and easements; agricultural succession applications; agricultural and commercial notices to quit; agreements for sale; contractual interpretation/rectification; forfeiture/relief; withholding of consent; the intersection of trust, statutory and succession law, with a particular emphasis on complex trust and estoppel claims within family disputes; high value rent review (commercial and agricultural); dilapidations/service charges. Caroline is a Fellow of the Chartered Institute of Arbitrators, and has been appointed in disputes involving both agricultural and general property law. 

Catherine Taskis
Catherine Taskis practices in all aspects of residential and commercial, landlord and tenant, real property law and agricultural law.

Emily Windsor
Emily Windsor specialises in all aspects of property litigation, with particular emphasis on commercial property disputes and agriculture. She has extensive litigation experience at all levels and in the past few years has appeared in cases concerning break clauses, development agreements, rectification, proprietary estoppel, rent review, nuisance, leasehold enfranchisement and agricultural holdings. Emily also has experience of personal and corporate insolvency litigation.

Edward Peters
Edward Peters is a property litigation specialist. He is experienced in all aspects of real property and landlord and tenant law - commercial, residential and agricultural – as well as property related professional negligence and insolvency.He has reported cases in the Supreme Court, House of Lords, Court of Appeal, High Court and Upper and Lands Tribunals, and extensive experience of courts and tribunals of all kinds.He is an FCA Arbitrator and a Fellow of the Chartered Institute of Arbitrators, and has acted as a legal expert and legal assessor.

Jamie Sutherland
Jamie Sutherland practises in all areas of commercial, residential and agricultural landlord and tenant and real property law. He has a busy advisory practice and appears as advocate in applications, trials and appeals before the county courts, the High Court, the Court of Appeal and the property tribunals.