Case B Notice to Quit

The Agricultural Holding Act 1986 (AHA) is a piece of legislation governing longer term Agricultural Tenancies in England and Wales. One element of the AHA is the laying down of the specific grounds upon which AHA tenancies can be terminated and one such ground is where a landowner intends to repurpose land for a non-agricultural use, including re-development.

A Case B notice to quit can only be served when planning permission for a use other than agriculture has been granted. There must be a clear intention for development of the whole of the land, which is well-documented and demonstrable and reflects a reasonable and bona fide plan for redevelopment. It is therefore also necessary that the conditions attached to the planning permission are not so onerous so as to prevent the change of use taking place.

The prospect of a tenant seeking to frustrate the planning application should be taken seriously. Bear in mind that they can make representations as part of the planning application, for example, citing loss of livelihood and consequential family hardship. This was the case recently when a tenant was successful in arguing against a planning application for a solar farm in Yorkshire.

Furthermore, Case B notices can be very costly for both parties. The tenant is entitled to serve a demand for arbitration after service of the notice.

Therefore a landowner would be well advised to discuss matters in advance with the tenant and seek a compromise agreement prior to expending many thousands on a planning application. The tenant may be prepared to refrain from any objections if the landowner is able to offer land from another holding for example.

Butcher & Barlow can assist either party in initial negotiations, and can advise and assist on the service of the notice or the demand for arbitration.

Our can be contacted on 01606 334309 or emailed at agriculture@butcher-barlow.co.uk.

 

 

This blog was first published in the February 2024 edition of The Farmart magazine.