Possession of protected agricultural occupancies

Farm workers who live in tied accommodation might have special protection under the Rent (Agriculture) Act 1976 if their occupancy began before 15 January 1989.

Possession proceedings for a protected agricultural occupancy are similar to a regulated tenancy under the Rent Act 1977.

The worker must meet certain conditions to qualify as an agricultural occupier.

Find out more about who qualifies as an agricultural occupier.

A protected agricultural occupancy has two stages:

• the initial protected agricultural occupancy during the worker's contractual agreement

• the statutory agricultural tenancy that starts when worker's contract ends

Find out more about protected agricultural occupancies.

During the contractual agreement

The contractual agreement must first come to an end before a landlord can seek possession.

The landlord can serve a valid notice on the occupier to end the contractual agreement. The agreement then becomes a statutory agricultural tenancy.

During the statutory agricultural tenancy

A statutory agricultural tenancy starts when the contractual agreement ends and the tenant remains in occupation.

To end the statutory agricultural tenancy, the landlord must apply to court and prove a ground for possession.

A landlord can bring the contractual agreement to an end by serving a notice to quit. When the notice expires the contractual agreement becomes a statutory agricultural tenancy and the landlord can apply to the court for possession.

A contractual agreement can end for other reasons, including:

• a notice of rent increase

• the registration of a fair rent

• when the occupier's employment ends

A landlord does not have to serve a notice to quit in these circumstances.

Form of notice

A notice to quit served by the landlord must:

• be in writing

• include prescribed information

• identify the premises in question

• expire on the first or last day of a rental period

The last day of a rental period is usually the day before rent is due.

Notice period

The notice period must be at least four weeks or the contractually agreed rental period, whichever is longer.[1]

When a notice to quit expires a landlord must issue a claim for possession in the County Court if the tenant has not left the accommodation.

Find out more about a landlord's notice to quit.

To end the occupancy the landlord must prove a ground for possession, also known as a case.

Many of the grounds are the same or similar to grounds for possession for regulated tenants under the Rent Act 1977.

Schedule 4 of the Rent (Agriculture) Act 1976 provides the full list of grounds.

The court cannot make a possession order under a discretionary ground unless it considers it reasonable to do so.[2]

The court has the power to:[3]

• stay or suspend execution of a possession order

• postpone the date of possession

• adjourn the proceedings

Grounds 1 and 2 are unique to agricultural occupiers. They allow the landlord to seek possession where the occupier is provided with suitable accommodation.[4]

Landlord offers suitable alternative accommodation

For the landlord to use ground 1, the court must be satisfied the landlord has offered suitable alternative accommodation to the occupier.

The new accommodation will suitable if: [5]

• it is a regulated tenancy or gives equal security

• it is reasonably suitable to the needs of the worker and their family with regard to proximity to work

• the rent is similar to local authority housing or is reasonably suitable to the means and needs of the tenant

Local authority offers suitable alternative accommodation

For the landlord to use ground 2, the court must be satisfied that the local authority has offered suitable alternative accommodation to the occupier.[6]

The landlord can apply to the local authority to provide alternative accommodation.[7]

Ground 2 will be satisfied if either:

• the authority has made an offer of suitable accommodation and given the occupier 14 days to accept

• the authority has notified the tenant that they have received an offer of accommodation from a third party

The landlord must show that the tenant accepted the offer or acted unreasonably in refusing the offer.

Find out more about local authority rehousing of agricultural occupiers.

Grounds 11 to 13 are mandatory.[8] The court must give the landlord possession if it is satisfied a mandatory ground is met.

Owner-occupier landlord

The landlord has a mandatory ground if they were an owner-occupier and the court is satisfied the accommodation is required as a residence for either:

• the landlord

• a member of the landlord's family who resided with them when they last occupied the property

Retirement residence

The landlord has a mandatory ground if they acquired the property intending to occupy it as a residence upon retirement and they either:

• need it as a retirement residence

• have died and it is needed as a retirement residence for a member of their family who was residing with them at the date of death

Overcrowding

The landlord has a mandatory ground if the property is overcrowded and the occupier is guilty of an offence under housing legislation.

Find out more about overcrowding.

When the notice expires, the landlord can start a claim for possession at the County Court and prove one or more grounds for possession.

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 1.

If a 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.