Office of Public Sector Information

The Landlord and Tenant Act 1985 (c. 70)

31 In section 14(3) of the Landlord and Tenant Act 1985 (leases to which section 11 does not apply), at the end there shall be added “and in relation to which that Act applies or to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.”

The Agricultural Holdings Act 1986 (c. 5)

32 In Schedule 6 to the Agricultural Holdings Act 1986 (eligibility to apply for a new tenancy under Part IV of that Act), in paragraph 6 (occupation to be disregarded for purposes of occupancy condition), in sub-paragraph (1) after paragraph (d) there shall be inserted—

“(dd) under a farm business tenancy, within the meaning of the Agricultural Tenancies Act 1995, for less than five years (including a farm business tenancy which is a periodic tenancy),”.

The Housing Act 1988 (c. 50)

33 In section 101(2) of the Housing Act 1988 (which relates to tenancies and licences affecting property proposed to be acquired under Part IV of that Act), after “smallholdings)” there shall be inserted “nor the Agricultural Tenancies Act 1995 (farm business tenancies)”.

34 In Schedule 1 to that Act (tenancies which cannot be assured tenancies), for paragraph 7 there shall be substituted—

“Tenancies of agricultural holdings etc

7 (1) A tenancy under which the dwelling-house—

(a) is comprised in an agricultural holding, and

(b) is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding.

(2) A tenancy under which the dwelling-house—

(a) is comprised in the holding held under a farm business tenancy, and

(b) is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.

(3) In this paragraph—

• “agricultural holding” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and

• “farm business tenancy” and “holding”, in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.”

The Town and Country Planning Act 1990 (c. 8)

35 (1) Section 65 of the Town and Country Planning Act 1990 (notice etc. of applications for planning permissions) shall be amended as follows.

(2) In subsection (2), for “a tenant of any agricultural holding any part of which is comprised in that land” there shall be substituted “an agricultural tenant of that land”.

(3) In subsection (8), for the definition of “agricultural holding” there shall be substituted—

““agricultural tenant”, in relation to any land, means any person who—

(a) is the tenant, under a tenancy in relation to which the Agricultural Holdings Act 1986 applies, of an agricultural holding within the meaning of that Act any part of which is comprised in that land; or

(b) is the tenant, under a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995), of land any part of which is comprised in that land;”.

The Coal Mining Subsidence Act 1991 (c. 45)

36 In section 21 of the Coal Mining Subsidence Act 1991 (property belonging to protected tenants) in subsection (3), after paragraph (a) there shall be inserted—

“(aa) a tenant under a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995;”.

37 In Schedule 3 to that Act (property belonging to protected tenants) in paragraph 1(2), after paragraph (b) there shall be inserted—

“(bb) section 20 of the Agricultural Tenancies Act 1995;”.