Agricultural occupancy

Some agricultural workers occupy accommodation as a condition of their employment. The accommodation is tied to their work and is sometimes referred to as a farm cottage.

Most people living in tied accommodation have limited rights to remain in their accommodation when their employment ends.

Agricultural workers have security of tenure after their employment ends if they qualify as an agricultural occupier.

Types of agricultural occupancy

Workers who meet the qualifying conditions usually have:

• a protected agricultural occupancy if their agreement started before 15 January 1989

• an assured agricultural occupancy if their agreement started on or after 15 January 1989

An agricultural occupancy gives workers lifetime security of tenure even if they stop working.

Protected agricultural occupancy

A protected agricultural occupancy is governed by the Rent (Agriculture) Act 1976 and gives the occupier similar protection to a Rent Act regulated tenancy. This includes:

• fair rent control

• succession rights

• protection against eviction

Assured agricultural occupancy

An assured agricultural occupancy is governed by the Housing Act 1988 and gives the occupier similar protection to a fully assured tenancy.

The rights are less favourable than protected agricultural occupancy rights but the landlord can only evict the occupier in limited circumstances by proving grounds.

Agricultural work includes:[1]

• forestry

• the use of land as grazing, meadow, or pasture land

• dairy farming and the keeping and breeding of livestock

• the production of consumable produce for sale or for consumption

• the use of land for market gardens or nursery grounds

The definition includes all operations involved in farming land for commercial purposes.[2] This includes the repairs and maintenance of farm machinery.[3]

Not all rural activity counts as agricultural work. For example, working in a farm shop as an assistant is not agricultural work.[4]

The definition of agricultural work is not exhaustive. A worker can contact their trade union for expert advice if their job is difficult to categorise.

Forestry

Forestry includes the use of land for:[5]

• nursery grounds for trees

• woodlands that support the use of land for other agricultural purposes

Keeping and breeding livestock

Livestock includes any animal kept for use in any agricultural activity or for the production of:

• food

• wool

• skins or fur

The definition of animals includes birds, such as chickens and turkeys, but not fish.[6]

Animals reared for sport are not livestock. Game-keeping, hunting, and rearing racehorses do not count as agricultural activities.[7]

Keeping animals for grazing is agricultural work even if the animals are not classed as livestock. For example, racehorses.[8]

Arable farming

Arable farming, such as growing crops, is agricultural work. Growing crops and weeds for testing commercial weedkillers is not.[9]

There are three tests the occupier must meet to qualify as an agricultural occupier.

The occupier must:[10]

1. have worked in agriculture for a qualifying period

2. occupy a property in qualifying ownership

3. have a relevant tenancy or licence

The occupier must have worked in agriculture for the qualifying period.

A person meets the qualifying period if they have worked in agriculture for 91 weeks out of the immediately preceding 104 weeks, either:[11]

• full time

• as a permit worker

The worker meets the condition if they have worked for the qualifying period at any time during their occupancy.[12]

Once a person has worked for the qualifying period, they continue to meet this test, irrespective of their future employment record.[13]

The work does not have to be with the same employer. The qualifying period can cover agricultural work for the current employer or on another farm, or farms, anywhere in the United Kingdom and European Union.[14]

Full time

Full time means 35 hours or more per week.[15]

A week can count towards the 91 weeks even if the occupier worked fewer than 35 hours. This includes where the occupier:[16]

• takes a holiday they are entitled to

• is absent from work, or works less than full time, with their employer's consent

• is not able to work due to injury or disease, whether or not caused by their job

Permit worker

A week counts towards the qualifying period if the occupier worked as an agricultural permit worker.[17]

The Agricultural Wages Board might grant a worker a permit if they are suffering from a physical or mental incapacity that prevents them from earning the minimum pay prescribed by an agricultural wages order.[18]

A qualifying injury or disease caused by agricultural work

An occupier who suffers a qualifying injury of disease in their employment and cannot work full time in agriculture passes this test and is considered to have worked in agriculture for the qualifying period.[19]

The person must have been employed in agriculture full time or as a permit worker at the time the injury or disease made them unable to work.[20]

A qualifying injury or disease is one caused by either an:[21]

• accident arising out of and in the course of the worker's agricultural employment

• injury or disease prescribed for agricultural workers under social services legislation

People who recover full health during the initial 91 week period no longer have agricultural protection until they meet the qualifying period.[22] Time a person is unable to work as a consequence of a qualifying injury or disease counts towards the 91 weeks.[23]

Self-employment

Weeks in self-employment do not count.[24] For example, self-employed agricultural contractors.

The occupier's employer must either:[25]

• be their immediate landlord

• have arranged for the occupier to be housed in the accommodation

The employer does not have to own the property.[26]

Excluded landlords

The worker cannot have agricultural protection if their landlord is a public body. [27]

This includes:

• the Crown

• the Forestry Commission

• a government department

• a local authority

The occupier has a relevant tenancy or licence if the:[28]

• tenancy or licence relates to a separate dwelling house

• occupier has exclusive possession

The occupier might be liable to pay little or no rent.[29]

Occupancies starting before 15 January 1989

An occupancy starting before 15 January 1989 is relevant licence or tenancy if it would have been a regulated tenancy under the Rent Act 1977 but was excluded only because it was granted at low rent or for agricultural use.[30]

If the landlord provides the tenant with board and attendance it is not a relevant licence or tenancy. This might include daily meals and services such as replacing linen. Board and attendance does not include meals provided by the landlord in the course of the occupier's employment.[31]

Occupancies starting on or after 15 January 1989

An occupancy starting on or after 15 January 1989 is a relevant licence or tenancy if it is either:[32]

• an assured tenancy

• a tenancy that is not assured because it was granted at a low rent or for agricultural use

• a licence granting exclusive possession that, if it were a tenancy, would meet one of the above two conditions

Assured shorthold tenancy

An assured shorthold tenancy is not a relevant licence or tenancy.

For a letting starting on or after 15 January 1989, a tenancy or licence where the occupier qualifies as an agricultural occupier will be an assured agricultural occupancy unless the landlord serves a prescribed notice that the occupancy should be an assured shorthold tenancy.[33] The landlord must issue the notice to the occupier before the agreement starts.

For an occupancy starting on or after 18 February 1997, the landlord must use form 9. Find a list of forms on Gov.uk.

The landlord cannot grant an assured shorthold tenancy to a farm worker who already occupies tied accommodation under an assured agricultural occupancy, whether for the same accommodation or another property owned by the same landlord. [34]

Find out more about assured shorthold tenancies.

Agricultural holding or farm business tenancy

An agricultural holding or farm business tenancy is not a relevant licence or tenancy.[35] These are governed by the Agricultural Holdings Act 1986 or Agricultural Tenancies Act 1995.

Tenant farmers can seek advice from the National Farmers Union.

Find out more on GOV.UK.

If the occupier meets the qualifying conditions, their protection depends on when their occupancy began.

Occupancy starting before 15 January 1989

An occupier has a protected agricultural occupancy if:

• their occupancy started before 15 January 1989

• they meet the conditions for agricultural protection

Find out more about the rights of protected agricultural occupiers.

Occupancy starting on or after 15 January 1989

An occupier has an assured agricultural occupancy if:

• their occupancy started on or after 15 January 1989

• they meet the conditions for agricultural protection

Find out more about the rights of assured agricultural occupiers.

A worker without agricultural protection might be a service occupier where either:

• it is an express term of their employment contract that they live at the property for the better performance of their duties

• the occupation of the property is essential for the performance of their duties

Service occupiers have limited security of tenure but they cannot be evicted without a possession order and a bailiffs warrant.

Find out more about service occupiers.

A worker might be a service tenant if they are not a service occupier and their occupancy meets the requirements for a tenancy. Their security of tenure depends on when their agreement started.

Find out more about service tenants.

Protection during possession proceedings

Agricultural workers who do not qualify for a protected agricultural occupancy or assured agricultural occupancy have provisions under the Protection from Eviction Act 1977. This applies to tenants or licensees.

Where a possession order is made within six months after a tenancy or licence ended the court has a duty to suspend the order for the rest of the six month period.[36] The court must do this unless it is not reasonable to do so and either:

• alternative accommodation is or will be available

• efficient management of the land would be seriously prejudiced if an order was not granted

• greater hardship would be caused by suspending the order

• the tenant had caused damage to the premises

The court also has a general power to suspend the possession order if it is reasonable to do so.[37] The suspension can be indefinite but is usually for a limited period.