Agricultural Holdings Act 1986

18 Restrictions on distraining on property of third party.E+W

(1)Property belonging to a person other than the tenant of an agricultural holding shall not be distrained for rent if—

(a)the property is agricultural or other machinery and is on the holding under an agreement with the tenant for its hire or use in the conduct of his business, or

(b)the property is livestock and is on the holding solely for breeding purposes.

(2)Agisted livestock shall not be distrained by the landlord of an agricultural holding for rent where there is other sufficient distress to be found; and if such livestock is distrained by him by reason of other sufficient distress not being found, there shall not be recovered by that distress a sum exceeding the amount of the price agreed to be paid for the feeding, or any part of the price which remains unpaid.

(3)The owner of the agisted livestock may, at any time before it is sold, redeem it by paying to the distrainer a sum equal to the amount mentioned in subsection (2) above, and payment of that sum to the distrainer shall be in full discharge as against the tenant of any sum of that amount which would otherwise be due from the owner of the livestock to the tenant in respect of the price of feeding.

(4)Any portion of the agisted livestock shall, so long as it remains on the holding, continue liable to be distrained for the amount for which the whole of the livestock is distrainable.

(5)In this section “livestock” includes any animal capable of being distrained; and “agisted livestock” means livestock belonging to another person which has been taken in by the tenant of an agricultural holding to be fed at a fair price.