Agricultural occupier rehousing by local authority
A landlord can ask the local authority to rehouse an agricultural occupier if they need the accommodation for another worker.
When a landlord can apply for help rehousing an agricultural occupier
Agricultural occupiers live in accommodation tied to their employment. They have strong security of tenure, even after their employment ends.
If a landlord wants the property for another worker, they might be able to find suitable accommodation themselves for the existing occupier. If the landlord cannot find suitable accommodation they can apply to the local authority to rehouse an agricultural occupier.[1]
Agricultural Dwelling House Advisory Committees (ADHACs) formerly advised local councils on requests to rehouse agricultural tenants.[2] In 2012 the government closed the committees in England.
Types of occupancy where a landlord can apply
The landlord can apply to the local authority for help if the occupier is:[3]
a protected agricultural occupier
an assured agricultural occupier
Find out more about agricultural occupancies.
How a landlord can apply to the local authority
The application must be in writing.[4]
A landlord can make an application whether or not the occupier is still in employment. The replacement person does not have to be another agricultural worker.
The local authority is not obliged to find alternative suitable accommodation for an occupier if they will continue to be employed in the same job by the landlord after they move.[5]
Conditions for application
The landlord must show the local authority that:[6]
they need the accommodation for another person in their employment
they cannot by any reasonable means provide suitable alternative accommodation
the local authority should rehouse the worker in the interest of efficient agriculture
When the local authority receives the application
The local authority must notify the occupier of a landlord's rehousing request within seven days.[7]
Notification of decision
The local authority should notify the occupier and the landlord of its decision on the application within three months of receiving it.[8]
The local authority must set out reasons if they are not satisfied that the conditions are met.[9]
The authority must set out what action it plans to take if it is satisfied the conditions are met.
Sourcing suitable accommodation
The local authority must use its best efforts to provide suitable alternative accommodation if it is satisfied the required conditions are met.[10]
When assessing the priority of the landlord's claim on its resources, the local authority must consider the:[11]
urgency of the case
resources at its disposal
competing claims on the accommodation they could provide
A local authority can provide suitable alternative accommodation by any means open to it. This might include:
its own housing stock
a nomination to another social landlord
providing a rent deposit or guarantee to assist in finding private accommodation
If the worker plans to take up new employment in a different local authority area, the authority must liaise with the other authority to provide suitable accommodation.
If the local authority cannot find suitable accommodation
The local authority will fulfil its statutory duty if it uses its best endeavours but cannot find suitable accommodation.
Local authority offer of accommodation
The local authority must make their offer in writing and specify the date the accommodation will be available. The letter must give the worker at least 14 days to accept the offer.
These provisions also apply to accommodation provided by any other agency or person under an arrangement with the local authority.
Suitability of an offer
The local authority offer is suitable if it is:[12]
reasonable for the worker's particular needs
in reasonable proximity to any new employment
large enough to accommodate the worker and their family
The local authority does not have to take account of any other need or preference the worker might consider important.
Occupier's response to accommodation offer
If the occupier refuses a suitable offer, the local authority does not have a duty to make another offer if the occupier refuses a suitable offer. The landlord might be able to apply to the County Court for possession.
An occupier who has been made an offer they find unacceptable could contact:
their trade union official
a housing advice specialist
Challenges to a local authority decision
There is no statutory right to review the suitability of a local authority's accommodation offer.
A landlord can seek possession if the occupier has been offered suitable accommodation. The occupier would have a defence if they can show that the the offer is unsuitable.
Find out more about possession proceedings for protected agricultural occupiers and assured agricultural occupiers.
Last updated: 9 May 2023