Shropshire Farming Talk: Statutory smallholdings
Under the Agricultural Holdings Act (AHA) 1986, tenants on statutory smallholdings, enjoy less protection than those on standard AHA tenancies.
Statutory smallholders are excluded from the provisions relating to succession and if the tenancy started after September 12, 1984 but before September 1, 1995 it can be subject to a notice to quit after the tenant reaches the age of 65 in certain circumstances.
These provisions were put in place as the holdings were designed to be starter units, however in practice such tenants can often struggle to progress into the private rental or owner-occupied sector.
A smallholdings authority can serve a Case A notice to quit on a smallholdings tenant, however if the effect of service of the notice would deprive the tenant of living accommodation, suitable alternative accommodation must be found in readiness for when the notice takes effect.
It should also be noted that there must be provision within the tenancy agreement that the landlord can rely upon Case A if the landlord wishes to adopt this route.
If the tenant wishes to challenge the Case A notice, he must do so, by demanding arbitration within one month.
For further information on statutory smallholdings please contact me on 07971 583638 or email kathrynwilliams@dmpcuk.com
Kathryn Williams at Davis Meade Property Consultants
