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Agricultural Holdings Act 1986, Section 1 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In this Act “agricultural holding” means the aggregate of the land (whether agricultural land or not) comprised in a contract of tenancy which is a contract for an agricultural tenancy, not being a contract under which the land is let to the tenant during his continuance in any office, appointment or employment held under the landlord.
(2)For the purposes of this section, a contract of tenancy relating to any land is a contract for an agricultural tenancy if, having regard to—
(a)the terms of the tenancy,
(b)the actual or contemplated use of the land at the time of the conclusion of the contract and subsequently, and
(c)any other relevant circumstances,
the whole of the land comprised in the contract, subject to such exceptions only as do not substantially affect the character of the tenancy, is let for use as agricultural land.
(3)A change in user of the land concerned subsequent to the conclusion of a contract of tenancy which involves any breach of the terms of the tenancy shall be disregarded for the purpose of determining whether a contract which was not originally a contract for an agricultural tenancy has subsequently become one unless it is effected with the landlord’s permission, consent or acquiescence.
(4)In this Act “agricultural land” means—
(a)land used for agriculture which is so used for the purposes of a trade or business, and
(b)any other land which, by virtue of a designation under section 109(1) of the M1Agriculture Act 1947, is agricultural land within the meaning of that Act.
(5)In this Act “contract of tenancy” means a letting of land, or agreement for letting land, for a term of years or from year to year; and for the purposes of this definition a letting of land, or an agreement for letting land, which, by virtue of subsection (6) of section 149 of the M2Law of Property Act 1925, takes effect as such a letting of land or agreement for letting land as is mentioned in that subsection shall be deemed to be a letting of land or, as the case may be, an agreement for letting land, for a term of years.
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