Part 1Agricultural tenancies
Chapter 1Types of tenancy
New types of tenancy
5Limited duration tenancies
(1)
Where—
(a)
agricultural land is let under a lease for a term of not less than F110 years;
(b)
the land comprised in the lease is not let to the tenant during the tenant’s continuance in any office, appointment or employment held under the landlord; and
(c)
the lease does not constitute a 1991 Act tenancy,
the tenancy under the lease is, by virtue of this subsection, a limited duration tenancy.
F2(2)
Where—
(a)
at any time before the expiry of the term of a short limited duration tenancy, the landlord and tenant agree in writing to convert the tenancy to a limited duration tenancy; or
(b)
the tenant remains in occupation of the land after the expiry of the term of a short limited duration tenancy of 5 years (including such a term fixed by virtue of section 4(2) or (3)) with the consent of the landlord,
the tenancy has effect as if it were for a term of 10 years commencing at the start of the term of the short limited duration tenancy, and the tenancy is, by virtue of this subsection, a limited duration tenancy.
(3)
Where subsection (5) of section 4 results in a short limited duration tenancy purporting to be for a term of more than 5 years, the tenancy has effect as if it were for a term of F310 years; and the tenancy is, by virtue of this subsection, a limited duration tenancy.
(4)
Without prejudice to subsections (2) and (3), where a lease constituting a tenancy of agricultural land, as described in paragraphs (b) and (c) of subsection (1), purports to be for a term of more than 5 years and less than F310 years, the tenancy has effect as if it were for a term of F310 years; and the tenancy is, by virtue of this subsection, a limited duration tenancy.