Possession of assured agricultural occupancies
A landlord can seek possession of an assured agricultural occupancy if they prove a ground and apply to court.
What is an assured agricultural occupancy?
Farm workers who live in tied accommodation might have special protection under the Housing Act 1988 if their occupancy began on or after 15 January 1989.
Possession proceedings for an assured agricultural occupancy are the same as a fully assured tenancy, with the exception that some grounds are not available to the landlord.
The worker must meet certain conditions to qualify as an agricultural occupier.
Find out more about who qualifies as an agricultural occupier.
Grounds for possession of an assured agricultural occupancy
To end the occupancy the landlord must prove a reason for possession, known as a ground.
The grounds for possession for an assured agricultural occupancy are the same as those that apply to fully assured tenancies, except some grounds are not available to the landlord.
Grounds are either mandatory or discretionary. The court must make an outright order for possession if the landlord can prove a mandatory ground. It may only make a possession order on a discretionary ground if it is reasonable to do so.
Private landlord served notice on or after 1 May 2026
New grounds for possession apply to section 8 notices from 1 May 2026 for private assured tenancies.
Mandatory grounds 2ZA to 2ZD, 5A and 5C are not available to a landlord of an agricultural occupier.
Find out more about assured tenancy mandatory grounds and assured tenancy discretionary grounds from 1 May.
Private landlord served notice before 1 May 2026
There were different grounds for private tenancy section 8 notices served before 1 May 2026.
Discretionary ground 16 did not apply where the occupier was an assured agricultural occupier.[1]
Ground 16 allows a landlord to regain possession if they let a property for the tenant's employment and that employment ends. This exception is important as the aim of agricultural protection is to prevent the eviction of agricultural workers from tied accommodation when their employment ends.
The ground is not available while the agricultural occupancy lasts. If the occupancy ceases to be an assured agricultural occupancy, ground 16 is available to the landlord. For example, if the occupier assigns the occupancy to someone who has not worked in agriculture for two years.
Find out more about:
Landlord's notice to the agricultural occupier
A landlord must issue a valid notice to start the possession process.[2] The notice is commonly referred to as a 'notice seeking possession' (NSP) or a 'section 8 notice'.
The notice must specify which ground or grounds the landlord is using.
The landlord must state a date after which possession proceedings can start. The length of the notice depends on which ground for possession the landlord uses.
Find out more about a section 8 notice seeking possession.
Landlord starts court proceedings
When the notice expires, the landlord can then start a claim for possession at the County Court and prove one or more grounds for possession.[3]
Proceedings must start within 12 months of the date of service of the notice of seeking possession. This time limit may be extended if the notice uses a rent arrears ground and is due to expire during a breathing space moratorium. A landlord can seek possession on rent arrears grounds if the occupier has rent arrears or has persistently delayed making rent payments.
Find out more about the possession proceedings process.
If the landlord needs the accommodation for another worker
If a landlord wants the property for another worker, they must arrange alternative accommodation. The landlord can then apply for possession using ground 9.
If the landlord is not able to provide alternative accommodation, they can apply to the local authority to rehouse the agricultural occupier.
Find out more about local authority rehousing of agricultural occupiers.
Last updated: 1 May 2026