Agricultural tenancies: implied surrender and regrant and the operation of the Agricultural Tenancies Act 1995

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Gibbard, Roger (1998)
  • Publisher: University of Reading

Agricultural tenancies arising after 1st September 1995 are mostly governed by the Agricultural Tenancies Act 1995. As such, tenants under this Act do not benefit from the degree of protection conferred on tenancies already in existence, which remain under the Agricultural Holdings Act 1986. Section 4 of the 1995 Act seeks to protect those tenancies which subsequently inadvertently undergo a surrender and regrant and which would otherwise lose the protection of the 1986 Act. This paper seeks to investigate, by relating recent case law and statute to the situation of agricultural tenancies, the occasions where surrender and regrant might occur and whether in such instances the protection of the 1986 Act will be lost.
  • References (5)

    Densham, H.A.C. and Evans, D. (1997) Scammell and Densham's Law of Agricultural Holdings. Butterworths. London.

    Hill and Redman's Law of Landlord and Tenant 18th edn. Butterworths. London.

    Sydenham, A. (1996) 1986 and 1995 Act Tenancies? In Country Landowner, February 1996.

    p22.

    Sydenham, A. and Mainwaring, N. (1995) Farm Business Tenancies. Jordans. London.

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