The Agricultural Holdings (Requests for Landlord’s Consent or Variation of Terms and the Suitability Test) (England) Regulations 2021

PART 3 The Suitability Test

The Suitability Test

5.—(1) This Part applies where the Tribunal(1) is determining a person’s suitability to become the tenant of a holding in the case of a particular applicant under section 39(2), as between two or more applicants under section 39(6), or under section 53(5) of the 1986 Act(2).

(2) When determining an application as to whether a person is suitable to become the tenant of a holding under a provision referred to in paragraph (1), the Tribunal must have regard to all relevant matters including—

(a) the person’s likely capability and capacity to farm the holding commercially, with or without other land, taking into account the need for high standards of efficient production and care for the environment in relation to managing that holding;

(b) the person’s experience, training and skills in agriculture and business management;

(c) the person’s financial standing and their character;

(d) the character, situation and condition of the holding;

(e) the terms of the tenancy,

and having had regard to all relevant matters, the Tribunal must be satisfied that, if the applicant had applied in an open competition for a tenancy of this holding, that is assumed to be available under the 1986 Act, a prudent and willing landlord could reasonably be expected to regard the applicant as among the candidates to whom they would be willing to grant the tenancy.

(3) When determining an application under paragraph (1), the Tribunal must disregard—

(a) all offers as to rent in relation to the holding;

(b) the age of the person applying.

Transitional and Revocation Provisions

6.—(1) Paragraph (2) applies to any application to the Tribunal made under Part 4 of the 1986 Act after 1st September 2024 for a direction entitling the applicant to a tenancy of an agricultural holding on the death or retirement of a tenant where the date of death or the date of the giving of the retirement notice, as applicable, was before 1st September 2024.

(2) In relation to any application to which this paragraph applies, the provisions of section 39(8) of the 1986 Act as they had effect immediately before 1st September 2024 continue to apply for the purposes of section 39 of the 1986 Act (other than subsection (8A)).

(3) In this regulation “application” includes any proceedings arising out of any such application or any direction given in any such proceedings.

7.  The Agricultural Holdings (Transitional Provision) (England) Regulations 2021(3) are revoked.

(1)

See section 96(1) of the 1986 Act for the definition of “the Tribunal”.

(2)

By virtue of section 53(6A), inserted by paragraph 18 of Schedule 3 to the 2020 Act, section 39(8) and (8A) applies to section 53 determinations as regards suitability.

(3)

S.I. 2021/324