Agriculture Act 1947

18 Power of Minister to take possession where occupier dispossessed and no other arrangements made.

(1) Where, at the date as from which a person is required under paragraph (a) or (b) of subsection (1) of the last foregoing section himself to farm any land or to let it to a person approved by the Minister, the person on whom the requirement is imposed has not complied therewith, the Minister may take possession of the land for the purpose of farming it, and—

(a) on the Minister taking possession of the land any tenancy thereof granted without the Minister's approval and since the imposition of the requirement shall be deemed to have terminated by reason of a notice to quit duly given by the landlord, and

(b) subsection (7) of the last foregoing section shall apply in relation to the tenant whose tenancy is deemed to have terminated as aforesaid as it applies in relation to an occupier whose interest is terminated under subsection (1) of that section.

(2) While the Minister is in possession of land under this section, it shall be his duty to secure that it is farmed in accordance with the rules of good husbandry either—

(a) by a person acting under the direction of the Minister, or

(b) by a person entrusted by the Minister with the farming thereof on such terms, being terms which in the opinion of the Minister would be appropriate to a letting thereof to a tenant from year to year, as may be agreed between the Minister and the said person;

and subject to the provisions of this section the Minister and the person who, apart from any tenancy deemed to have terminated under paragraph (a) of subsection (1) of this section, for the time being would be entitled to possession of the land but for the exercise by the Minister of his powers under this section (hereafter in this section referred to as " the landlord ") shall have the like rights against and liabilities to each other as if the Minister were a tenant of the land under a tenancy from year to year beginning on the date on which the Minister took possession of the land and granted by the landlord under a tenancy agreement containing such provisions (other than provisions as to rent or any such payment as is mentioned in the next following subsection) as may be agreed between the Minister and the landlord, and providing for the making of payments by the Minister of such amounts at such times as a tenant under such an agreement might reasonably be expected to make by way of rent.

(3) On the Minister taking possession of land under this section there shall be ascertained—

(a) the amount (if any) in addition to rent which might reasonably have been expected to be payable by an incoming tenant, under the agreement referred to in the last foregoing subsection, in respect of tilings previously done for the purposes of the farming of the land, and in respect of seeds, tillages, growing crops and other matters;

(b) the cost of the carrying out of any work which under the rules of good husbandry or under a contract of tenancy ought to have been carried out on the land by the occupier before the Minister took possession thereof, being work which is necessary for putting the land into good tenantable condition,

and if the said amount is greater than the said cost the difference shall be recoverable from the Minister by the landlord, and if less the difference shall be recoverable from the landlord by the Minister.

(4) Where the Minister has taken possession of land under this section in consequence of the termination of the interest of a tenant, then without prejudice to the responsibilities of the landlord under the rules of good estate management he shall be liable to the Minister to carry out any work which under the contract of tenancy with the tenant the owner of the reversion expectant upon the termination of the tenancy was liable to carry out, being work which is necessary for putting the land into good tenantable condition; and any such liability shall be enforceable by the Minister in like manner as if it were imposed by the agreement referred to in subsection (2) of this section.

(5) The Minister shall be entitled to continue in possession of land under this section—

(a) where it is being farmed by a person acting under the direction of the Minister, and it is shown to the Minister that the landlord has made arrangements satisfactory to the Minister for the farming of the land by himself or by a person approved by the Minister, until the next twenty-ninth day of September, eleventh day of October, twenty-fifth day of March, or sixth day of April, as may be specified in a notice in writing served on the Minister by the landlord not later than two months before the said day;

(b) where it is being farmed by a person to whom the Minister has entrusted the farming thereof, until that person is entitled to possession of the land as tenant thereof under an agreement with the landlord approved by the Minister.

(6) Nothing in subsection (2) of this section shall entitle the Minister, on giving up possession of land, to compensation for disturbance; but save as aforesaid that subsection shall apply as if when the Minister gives up possession he were quitting the land on the termination of the tenancy referred to in that subsection by notice to quit duly given by the landlord.

(7) The enactments relating to income tax and the enactments relating to land tax, and in particular such of those enactments as relate to the deduction of tax from rent and to the taxation of excess rents, shall apply—

(a) in relation to payments made under subsection (2) of this section by the Minister to the landlord, as if the Minister were a tenant and the landlord were a lessor of the land under such a tenancy agreement as is mentioned in the said subsection (2) and the payments were rent paid thereunder;

(b) in relation to payments made by any such person as is mentioned in paragraph (b) of that subsection to the Minister, as if the said person were a tenant and the Minister were a lessor of the land under such a letting as is mentioned in the said paragraph (b) and the payments were rent paid thereunder.

(8) Any question arising under subsections (2) to (6) of this section between the Minister and the landlord shall in default of agreement be determined by arbitration under the Agricultural Holdings Act, 1923.