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Agriculture Act 1970

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This is the original version (as it was originally enacted).

100Further provisions as to recovery of possession of redundant farmhouses in England and Wales

Part II of Schedule 3 to the [1968 c. 23.] Rent Act 1968 (cases in which a court in England or Wales must order possession of a dwelling-house subject to a regulated tenancy) shall be amended by adding at the end—

Case 14

Where—

(a)the last occupier of the dwelling-house before the relevant date was a person, or the widow of a person, who was at some time during his occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit within the meaning of the [1947 c. 48.] Agriculture Act 1947, and

(b)the tenant is neither—

(i)a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of the said land, nor

(ii)a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture, and

(c)the creation of the tenancy was not preceded by the carrying out in connection with any of the said land of an amalgamation approved for the purposes of a scheme under section 26 of the [1967 c. 22.] Agriculture Act 1967, and

(d)not later than the relevant date, the tenant was given notice in writing that possession might be recovered under this Case, and

(e)the court is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the said land or by a person employed or to be employed by the landlord in agriculture, and

(f)the proceedings for possession are commenced by the landlord before the expiry of five years from the date on which the occupier referred to in paragraph (a) above went out of occupation;

and for the purposes of this Case " employed " and " agriculture " have the same meanings as in the [1948 c. 47.] Agricultural Wages Act 1948 and " amalgamation " has the same meaning as in Part II of the Agriculture Act 1967.

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