Assured agricultural occupancy rights

Farm workers who live in tied accommodation might have protection under the Housing Act 1988 if their occupancy began on or after 15 January 1989. An assured agricultural occupancy is similar to a full assured tenancy.

An agricultural occupier retains security of tenure after they stop working in agriculture or for their landlord. For example, if they retire or resign. Most other people in tied accommodation lose their protection.

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

Find out more about who qualifies as an agricultural occupier.

An assured agricultural occupancy has two stages:

• an assured agricultural occupancy during the worker's contractual agreement

• a statutory periodic assured tenancy that starts when worker's contract ends

How a worker's contractual agreement can end

The contract between an assured agricultural occupier and their landlord might end because the:

• worker retires or resigns

• fixed term expires

• worker is dismissed or made redundant

• landlord serves a notice of seeking possession and this expires

When the contract ends, a statutory periodic tenancy begins.[1]

Occupiers who had to retire early because they were injured at work or contracted a disease due to the work can remain in the accommodation even if they were not able to work in agriculture for two years because of the injury of disease.

Once the occupier meets the conditions for agricultural protection, the assured agricultural occupancy lasts during the worker's contractual agreement.

Rent for an assured agricultural occupancy

The contract sets out the amount of rent an occupier pays. The landlord can charge a 'market' rent from the start of the occupancy. In many cases, landlords do not charge for tied accommodation.

If the landlord wants to increase the rent during a fixed term they must either.

• use a clause in the agreement

• agree the increase with the occupier

Find out more about rent and rent increases for private tenants.

Repairs during an assured agricultural occupancy

The landlord must keep the structure and exterior of the dwelling in repair. The landlord must also keep the installations in the dwelling for the supply of water, gas, electricity, sanitation, space heating and heating water in good repair and proper working order.[2]

The landlord must ensure the property is fit for human habitation.[3]

The occupier must allow reasonable access for repairs.[4]

Find out more about responsibility for repairs.

Assignment of an assured agricultural occupancy

Assignment is when an occupier transfers a licence or tenancy to another person.

The contract sets out the right to assign.[5]

When an agreement loses agricultural protection

The agreement loses agricultural protection if it is assigned to a non-qualifying person. For example, if it is assigned to someone who has not worked in agriculture for two years.[6]

If the occupancy agreement is a tenancy at a low rent or a licence the landlord can evict the new occupier with a notice to quit and they do not have to prove grounds.

The new occupier would have basic protection.

If the occupancy is a tenancy where rent was paid the landlord can evict the occupier by proving an assured tenancy ground.

Ground 16 provides the landlord with a discretionary ground for possession. The landlord can use the discretionary ground 12 if a fixed term occupancy is assigned in breach of the contract.

Find out more about assured tenancy grounds.

Worker's notice to end their employment

An assured agricultural occupier can give notice to end their employment. This is not a notice to quit and the occupier does not lose their security.[7]

Retained rights

An assured agricultural occupier keeps their assured status if they either:[8]

• move to a different property to allow the employer to re-let the original property to a replacement employee

• sign a new licence or tenancy for the same property, even if they were not working in agriculture at the time

When the worker's contractual agreement ends an assured agricultural occupancy becomes a statutory periodic assured tenancy.

If the original agreement was a fixed term and rent was payable, the periods of the tenancy are the same as the rental periods.[9] Where the occupier was not liable to pay rent, the periods of the tenancy are monthly beginning on the day following the end of the licence or tenancy.[10]

Rent for a statutory periodic assured tenancy

The rent will be the same as the rent paid during the contractual agreement.

The landlord might start to charge rent when the contract ends and the periodic tenancy starts. Where there is no rent review clause, the landlord can increase the rent using either a:

• section 13 rent increase notice

• section 6 notice to vary the tenancy terms

Many occupiers will not have paid rent during their employment. If the landlord increases the rent to a market level this could be a significant sudden increase.

An occupier can refer an increase to the First-tier Tribunal to determine a reasonable market rent. The Tribunal cannot prevent a landlord from charging a market rent, but it can delay an increase.[11]

Find out more about rent increases for assured tenancies.

Repairs during a statutory periodic assured tenancy

The landlord must keep the structure and exterior of the dwelling in repair. The landlord must also keep the installations in the dwelling for the supply of water, gas, electricity, sanitation, space heating and heating water in good repair and proper working order.[12]

The landlord must ensure the property is fit for human habitation.[13]

The tenant must allow reasonable access for repairs.[14]

Find out more about responsibility for repairs.

Assignment of a statutory periodic assured tenancy

Assignment is when an occupier transfers a licence or tenancy to another person.

A periodic assured tenant cannot assign, sublet or part with possession of the whole or part of the dwelling.[15]

Tenant's notice to end a statutory periodic assured tenancy

A tenant can end a periodic tenancy by giving a valid notice to quit in writing.[16]

The notice period must be:

• at least four weeks

• the period of the tenancy, if longer

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

Retained rights

An assured agricultural occupier keeps their assured status if they either:[17]

• move to a different property to allow the employer to re-let the original property to a replacement employee

• sign a new licence or tenancy for the same property, even if they were not working in agriculture at the time

A landlord can seek possession of an assured agricultural occupancy if they prove a ground and apply to the court.

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.

Find out more about possession of assured agricultural occupancies.

Succession is the transfer of occupancy rights to a family member when the occupier dies.

If an assured agricultural occupier dies, a member of their family might be eligible to succeed.

This applies when the occupier is either in the:

• initial assured agricultural occupancy

• statutory periodic assured tenancy after their contract ends

There can be one succession.

Spouse, civil partner or cohabitee

The spouse or civil partner of an assured agricultural occupier can succeed as a statutory assured tenant if they lived with the worker at the time of death.[18]

Someone living with the deceased occupier as their husband or wife is treated as their spouse.[19]

Another member of the family

Another member of the agricultural worker's family can succeed as a statutory assured tenant if they were living at the property at the time of the worker's death and:[20]

• they lived with the tenant for at least two years up to the time of the worker's death

• the worker has no spouse, civil partner or other partner who could succeed to the tenancy

If there is more than one member of the family who qualifies the County Court can decide who succeeds.[21]

Where a person is not eligible to succeed

A person living with the worker at the time of their death might not be eligible to succeed to the tenancy. For example, if they do not meet the conditions, or if there has already been a succession to the tenancy.

They are an occupier with basic protection.

Find out more about occupiers with basic protection.

Tenancy passes under will or intestacy

An assured periodic tenancy might pass on under the will or intestacy rules to someone who is not entitled to succeed.

The landlord can seek possession under mandatory ground 7 if they begin proceedings within 12 months from the tenant's death.[22]

Find out more about assured tenancy grounds.