Possession of assured agricultural occupancies

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 ground 16 is 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.

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 ground 16 is 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.

Find out more about assured tenancy mandatory grounds and discretionary grounds.

Ground 16

Ground 16 does not apply where the occupier is 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.

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.

Notice periods

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.

The landlord must give at least two months notice if they are using grounds 1, 2, 5, 6, 7, or 9. The landlord has to give notice equivalent to the contractual period of the tenancy if this is longer than two months.

The landlord must give at least two weeks notice if they are using grounds 3, 4, 7B, 8, 10, 11, 12, 13, 15, or 17.

For ground 7B, the landlord must give at least:

• one month's notice if the agreement is in the fixed term

• four weeks' notice if the agreement is periodic

Using ground 14 court proceedings can start immediately.

Find out more about a notice seeking possession.

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 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.