Protected agricultural occupancy rights

Farm workers who have lived in tied accommodation since before 15 January 1989 might have special protection under the Rent (Agriculture) Act 1976. A protected agricultural occupancy is similar to a regulated tenancy.

An agricultural occupier retains protection after they stop working in agriculture or for their landlord. Most other people in tied accommodation lose their protection.

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

The occupier also has protection if the occupancy started before 15 January 1989 but they met the qualifying period of agricultural work on or after 15 January 1989.[1]

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

The statutory tenancy can give the occupier more rights compared to their initial agreement.

How a worker's contractual agreement can end

The contract between a protected agricultural occupier and their landlord ends if the:[2]

• worker retires or resigns

• worker is dismissed or made redundant

• landlord issues a notice of rent increase

• worker or landlord registers a fair rent[3]

• landlord issues a notice to quit

When the contract ends, the protected agricultural occupancy becomes a statutory agricultural tenancy. The occupier must live in the property as their residence.[4]

If the occupier had to retire early because they were injured at work or contracted a disease due to the work, they become a statutory agricultural tenant. This happens even if they were not able to work in agriculture for two years because of an injury or disease.[5]

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

The tenancy or licence agreement sets out the terms and conditions of the protected agricultural occupancy.

Rent for a protected agricultural occupancy

The contract sets out the amount of rent an occupier pays. In many cases little or no rent is paid during the contractual term.

Workers and employees are free to agree their own rent.[6] A landlord can serve a notice of increase at any time. The increase does not have to be in a specific form.

A landlord or occupier can register a fair rent if one is not already registered. They must use the prescribed form. Forms are available from the Valuation Office Agency.

Registration of a fair rent ends the protected agricultural occupancy contract and starts a statutory agricultural tenancy.

Find out more about fair rents.

Repairs during a protected agricultural occupancy

The landlord has no duty to repair under section 11 of the Landlord and Tenant Act 1985.[7]

The landlord must ensure the property is fit for human habitation.[8]

Find out more about fitness for human habitation.

Assignment of a protected agricultural occupancy

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

The contract sets out the right to assign the tenancy or licence. If the worker assigns some or all of the property to another person without the landlord's consent, the landlord can bring possession proceedings on a discretionary ground.[9]

Notice to end a protected agricultural occupancy

A landlord can serve a notice to quit to end the contractual protected agricultural occupancy.

A notice to quit must be in writing and the notice period must be at least four weeks, or the contractual period of the tenancy if this is longer.[10]

When the notice expires a statutory agricultural tenancy starts.

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

Retained rights from 15 January 1989

The Rent (Agriculture) Act 1976 stopped governing most new occupancy agreements on 15 January 1989. There cannot be any new protected agricultural occupancy agreements.

An existing protected agricultural occupier or statutory agricultural tenant retains their rights if they either:[11]

• sign a new agreement with the same landlord

• move to a different property and the court directed it should be protected

When the worker's contractual agreement ends a protected agricultural occupancy becomes a statutory agricultural tenancy. If the original contract was a licence, a statutory agricultural tenancy is a weekly tenancy.[12]

The occupier benefits from all the terms of the original contract.[13] Some issues not covered by the contract are imposed by law.[14]

The landlord and tenant can vary some of the terms of a statutory tenancy by written agreement.[15]

The Upper Tribunal held that occupation of the premises by the spouse of a sole protected occupier was enough for a statutory tenancy to arise. Because the tenancy was not transferred to the non-tenant spouse, statutory protection ended when they divorced.[16]

Rent for a statutory agricultural tenancy

Many occupiers will not have paid rent during their employment. The landlord might charge rent when the contract ends and the statutory agricultural tenancy starts.

The tenant is not liable to pay rent under a statutory agricultural tenancy until either:[17]

• they agree the amount of rent with the landlord

• the landlord gives a notice of increase

An agreed rent cannot exceed the registered fair rent for the property.

If no fair rent is registered, landlords can charge a provisional rent until a fair rent can be registered. The maximum rent is one and half times the rateable value of the property.[18] The rent can be increased to this level by a notice of increase in the prescribed form.[19]

Either party can apply for registration of a fair rent.[20] Where a fair rent has been registered, the rent can be raised to the level of the fair rent by a notice of increase in the prescribed form.[21]

Find out more about registration of a fair rent.

Rent under a statutory tenancy is payable weekly in arrears. The landlord and occupier can agree to a different payment agreement.[22]

Utilities and services

The landlord might have provided services from their own installations during the worker's contract. For example, electricity and water supplies, or sewage disposal facilities.

They might be the only convenient services for the accommodation. For example, where the property does not have mains connections.

During the statutory agricultural tenancy, the landlord must continue to provide any services:[23]

• they previously supplied

• reasonably necessary for someone occupying the house as a statutory tenant

• the tenant cannot reasonably be expected to provide for themselves

Repairs during a statutory agricultural tenancy

The Landlord and Tenant Act 1985 section 11 applies to a statutory agricultural tenancy.[24] The landlord must keep the structure and exterior of the dwelling in repair. [25] The landlord cannot vary the contract to remove their duty.

The landlord must ensure the property is fit for human habitation.[26]

The tenant must allow reasonable access for repairs.[27]

Find out more about a responsibility for repairs.

Assignment of a statutory agricultural tenancy

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

A statutory tenant cannot assign, sub-let or part with possession of the property or any part of it.[28]

Tenant's notice to end a statutory agricultural tenancy

The tenant can give a notice to quit to end a statutory agricultural tenancy.

The tenant must give either:[29]

• the length of notice specified in the original agreement

• at least four weeks' notice if the original agreement did not specify a length

The tenancy ends if the occupier leaves the property with no intention to return.[30]

Retained rights from 15 January 1989

The Rent (Agriculture) Act 1976 stopped governing most new occupancy agreements on 15 January 1989. There cannot be any new protected agricultural occupancy agreements.

An existing protected agricultural occupier or statutory agricultural tenant retains their rights if they either:[31]

• sign a new agreement with the same landlord

• move to a different property and the court directed it should be protected

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

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

Find out more about possession of protected agricultural occupancies.

Subtenants

Where a statutory tenancy, ends any subtenant who has been lawfully sublet the dwelling or any part of it is protected. They become a direct tenant of the landlord on the same terms as the statutory tenant.

This only applies if the subtenant qualifies as an agricultural occupier.[32]

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

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

This applies when the occupier is either in the:

• initial protected agricultural occupancy

• statutory agricultural tenancy after their contract ends

There can be one succession.[33]

A statutory tenancy will end on the tenant's death if they do not have any successors.[34]

Spouse, civil partner, or cohabitee

The spouse, civil partner, or cohabitee of an agricultural worker who was living with the worker immediately before their death becomes a statutory agricultural tenant. A cohabitee is treated as a spouse if they were living with the original occupier as their wife or husband.[35]

They have the right to remain in the accommodation if they occupy it as their residence.[36]

If more than one person meets the requirement the County Court can decide who will be a statutory agricultural tenant.[37]

Another member of the family

If the occupier dies after 15 January 1989, another member of the agricultural worker's family can succeed if:

• 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 cohabitee who could succeed

If more than one person meets the requirement the County Court can decide who will succeed.

The successor will have an assured tenancy.[38]

Find out more about assured tenancies.

When 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. 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.