Agriculture Act 1967

38 Recovery of possession of farmhouses made redundant by amalgamation.

(1) This section shall have effect where, after the carrying out of any proposals for amalgamation approved for the purposes of a scheme under section 26 of this Act, a dwelling-house which, at the time when the proposals were submitted, was occupied by a person responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any of the land comprised in the amalgamation is let on a regulated tenancy otherwise than to—

(a) a person who ceased to be so responsible as part of the amalgamation, or

(b) a person who is, or at any time was, employed by the landlord in agriculture, or

(c) the widow of any such person as is mentioned in either of the preceding paragraphs.

(2) If—

(a) not later than the commencement of the regulated tenancy, the tenant has been given notice in writing that possession may be recovered under this section, and

(b) apart from the Rent Acts, the landlord would be entitled to recover possession of the dwelling-house, and

(c) the court is satisfied that the dwelling-house is required for occupation by a person employed or to be employed by the landlord in agriculture,

the court shall, in proceedings commenced by the landlord during the period specified in subsection (3) below, make an order for the possession of the dwelling-house, whether or not it would have power to do so under section 3 of the Act of 1933, and section 5(2) of the Act of 1920 shall not apply in relation to the order.

(3) The period referred to in subsection (2) above is one of five years beginning with the date on which the proposals for the amalgamation were approved or, if occupation of the dwelling-house after the amalgamation continued in, or was first taken by, a person falling within subsection (1)(a) above or his widow, a period expiring three years after the date on which the dwelling-house next became unoccupied.

(4) In this section—

• " the Rent Acts " means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939, or any of those Acts, and " the Act of 1920 " and " the Act of 1933 " mean respectively the [1920 c. 17.] Increase of Rent and Mortgage Interest (Restrictions) Act 1920 and the [1933 c. 32.] Rent and Mortgage Interest Restrictions (Amendment) Act 1933 ;

• " employed " and " agriculture " have the same meanings as in the [1948 c. 47.] Agricultural Wages Act 1948 or, in Scotland, the [1949 c. 30.] Agricultural Wages (Scotland) Act 1949 ;

• " landlord ", " tenant " and " tenancy " have the same meanings as in the Act of 1920;

• " regulated tenancy " means a tenancy to which the Rent Acts apply by virtue of section 1 of the [1965 c. 75.] Rent Act 1965 ; and

• " order for possession ", in relation to Scotland, means decree of removing or warrant of ejection or other like order.