Farm Tenancies: Your Rights and Protections in England

Farm tenancies in England can provide secure, long-term homes and livelihoods. However, their rights and protections differ from standard residential tenancies, and knowing where you stand is vital if you face issues like rent increases or eviction. This guide aims to clarify your position as a farm tenant in England, explaining your legal rights, relevant forms, and practical steps if you're dealing with a challenging situation.

Understanding Farm Tenancies in England

Farm tenancies are a specialist type of lease involving agricultural land or farmhouses. The main legislation is the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995. Your rights as a renter depend on which type of tenancy agreement you have:

• Agricultural Holdings Act 1986 tenancy (AHA): Provides long-term and often lifetime security for tenancies starting before 1 September 1995. Strict rules apply to eviction and rent increases.
• Farm Business Tenancy (FBT): Applies after 1 September 1995, offering more flexibility to landlords but still some protection for tenants.

How Farm Tenancies Differ from Residential Tenancies

Farm tenancies are not covered by the Housing Act 1988, which governs most residential tenancies in England. If your main home is provided as part of your employment as a farm worker, you may be an "agricultural occupier" with different eviction protections (see UK Government guidance).

Key Legal Protections for Farm Tenants

The level of protection depends on your tenancy type. Here’s a summary:

• AHA 1986 tenants have strong eviction protection: a landlord must serve lawful notice and obtain a tribunal's consent before eviction.
• FBT tenants must have the proper notice period (usually at least 12 months) in writing to end the tenancy. No "no-fault" eviction as with Section 21 in residential lettings.
• Rent reviews can usually only happen once every three years, unless otherwise specified in your agreement. You can challenge unfair rent reviews via the First-tier Tribunal (Property Chamber) - Agricultural Land and Drainage.

What to Do If You Face Eviction or a Dispute

If your landlord gives you notice to quit or you dispute a rent increase, there are important steps you can take to protect your rights:

• Check your tenancy agreement: Confirm if it falls under the AHA 1986 or is a newer Farm Business Tenancy.
• Request written notice: Any notice to end a farm tenancy must be in writing and comply with legal requirements.
• Consider mediation: Many disputes can be resolved with help from a professional mediator. See guidance at Defra's guide for tenants and landowners.
• Apply to the First-tier Tribunal (Property Chamber): For some disputes (such as rent reviews or notices to quit), you can appeal the matter to the tribunal. See below for details.

Official Forms for Farm Tenancy Protection

• Notice to Quit (Statutory Form A): Used by landlords to formally terminate an agricultural tenancy. For example, if your landlord wants you to leave the holding, they must serve you this notice correctly.
  Access Notice to Quit (Form A) here.
• Application to Tribunal for Consent to Notice to Quit: If you want to challenge a notice to quit, you can apply to the First-tier Tribunal within one month. The form and process are outlined on the gov.uk tribunal forms page (search for Agricultural Land & Drainage forms).
• Rent Review Notice: There is no single statutory form, but landlords must follow strict procedures described in your agreement and in the Agricultural Holdings Act 1986. Disputes can be referred to the tribunal.
  See Defra's tenancy guidance for more.

Who Resolves Farm Tenancy Disputes?

Most farm tenancy disputes in England are handled by the First-tier Tribunal (Property Chamber) – Agricultural Land and Drainage. They decide cases about notices to quit, rent disputes, and some other matters. Always check their guidance if you need to make an application or appeal.

Relevant Legislation for Farm Tenancies

• Agricultural Holdings Act 1986
• Agricultural Tenancies Act 1995
• Housing Act 1988 (for comparison – most residential tenancies)

FAQ: Farm Tenancy Rights and Processes

1. Are farm tenants protected from eviction in England?
   Farm tenants with Agricultural Holdings Act 1986 agreements have strong protection and can only be evicted via proper notice and tribunal approval. Farm Business Tenancies offer less security but still require written notice and a notice period.
2. How can a farm tenant challenge a rent increase?
   You can object formally and, if unresolved, apply to the First-tier Tribunal (Property Chamber) to settle the dispute.
3. Which forms are needed to end an agricultural tenancy?
   Landlords or tenants use the statutory Notice to Quit (Form A). If you wish to challenge it, quickly apply to the tribunal.
4. Who decides farm tenancy disputes in England?
   The First-tier Tribunal (Property Chamber) – Agricultural Land and Drainage deals with most tenancy disputes.
5. What should I do if I receive a Notice to Quit?
   Act quickly: check the notice for legal compliance, seek advice, and if needed, challenge it within one month by applying to the tribunal.

Conclusion: Key Takeaways for Farm Tenants

• Protections for farm tenancies vary by agreement type – AHA 1986 offers the greatest security.
• Official forms and tribunals are in place to help you challenge eviction or unfair rent increases.
• Always act quickly and seek advice if served with notice or in dispute with your landlord.

Understanding your tenancy type and knowing where to get official help can make a big difference in safeguarding your rights.

Need Help? Resources for Renters

• Defra: Agricultural Tenancies Guidance
• First-tier Tribunal (Property Chamber) - for application forms and official process guidance
• Citizens Advice - free, impartial support for tenants
• Tenancy types explained – GOV.UK

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1. Agricultural Holdings Act 1986
2. Agricultural Tenancies Act 1995
3. Housing Act 1988
4. Notice to Quit (Form A)
5. First-tier Tribunal (Property Chamber)
6. DEFRA Agricultural Tenancies Guidance

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