Agricultural Holdings Act 1986

69 Improvements: successive tenancies. E+W

(1) Where the tenant of an agricultural holding has remained in the holding [F1 , or in any agricultural holding which comprised the whole or a substantial part of the land comprised in the holding,] during two or more tenancies, he shall not be deprived of his right to compensation under this Act in respect of relevant improvements by reason only that the improvements werre made during a tenancy other than the one at the termination of which he quits the holding.

[F2 (1A) Where this Act applies in relation to any tenancy referred to in subsection (1) above by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in that subsection to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.]

(2) Where, on entering into occupation of an agricultural holding, the tenant—

(a) with the consent in writing of his landlord paid to an outgoing tenant any compensation payable by the landlord under or in pursuance of this Act (or the M1 Agricultural Holdings Act 1948 or Part III of the M2 Agriculture Act 1947) in respect of the whole or part of a relevant improvement, or

(b) has paid to the landlord the amount of any such compensation payable to an outgoing tenant,

the tenant shall be entitled, on quitting the holding, to claim compensation in respect of the improvement or part in the same manner, if at all, as the outgoing tenant would have been entitled if the outgoing tenant had remained tenant of the holding and quitted it at the time at which the tenant quits it.

(3) Where, in a case not falling within subsection (2) above, the tenant, on entering into occupation of an agricultural holding, paid to his landlord any amount in respect of the whole or part of a relevant improvement, he shall, subject to any agreement in writing between the landlord and the tenant, be entitled on quitting the holding to claim compensation in respect of the improvement or part in the same manner, if at all, as he would have been entitled if he had been tenant of the holding at the time when the improvement was carried out and the improvement or part had been carried out by him.

Textual Amendments

F1 Words in s. 69(1) inserted (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 6(1) (with arts. 6(8), 10)

F2 S. 69(1A) inserted (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 6(2) (with arts. 6(8), 10)

Marginal Citations

M1 1948 c. 63.

M2 1947 c. 48.