Agricultural Holdings Act 1986

25 Length of notice to quit. E+W

(1) A notice to quit an agricultural holding or part of an agricultural holding shall (notwithstanding any provision to the contrary in the contract of tenancy of the holding) be invalid if it purports to terminate the tenancy before the expiry of twelve months from the end of the then current year of tenancy.

(2) Subsection (1) above shall not apply—

(a) where the tenant is insolvent,

(b) to a notice given in pursuance of a provision in the contract of tenancy authorising the resumption of possession of the holding or some part of it for some specified purpose other than the use of the land for agriculture,

(c) to a notice given by a tenant to a sub-tenant,

(d) where the tenancy is one which, by virtue of subsection (6) of section 149 of the M1 Law of Property Act 1925, has taken effect as such a term of years as is mentioned in that subsection.

(3) Where on a reference under section 12 above with respect to an agricultural holding the arbitrator [F1 or third party] determines that the rent payable in respect of the holding shall be increased, a notice to quit the holding given by the tenant at least six months before it purports to take effect shall not be invalid by virtue of subsection (1) above if it purports to terminate the tenancy at the end of the year of the tenancy beginning with the date as from which the increase of rent is effective.

(4) On an application made to the Tribunal with respect to an agricultural holding under paragraph 9 of Part II of Schedule 3 to this Act, the Tribunal may, if they grant a certificate in accordance with the application—

(a) specify in the certificate a minimum period of notice for termination of the tenancy (not being a period of less than two months), and

(b) direct that that period shall apply instead of the period of notice required in accordance with subsection (1) above;

and in any such case a notice to quit the holding which states that the Tribunal have given a direction under this subsection shall not be invalid by virtue of subsection (1) above if the notice given is not less than the minimum notice specified in the certificate.

(5) A notice to quit within subsection (3) or (4) above shall not be invalid by virtue of any term of the contract of tenancy requiring a longer period of notice to terminate the tenancy, and a notice to quit within subsection (4) above shall not be invalid by reason of its terminating at a date other than the end of a year of the tenancy.

Textual Amendments

F1 Words in s. 25(3) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 13

Marginal Citations

M1 1925 c. 20.