Assured agricultural occupancy definition HA 1988 s. 24
Defines assured agricultural occupancy: dwelling-house tenancy/licence meeting descriptions and agricultural worker condition; treated as assured tenancy.
A tenancy or licence of a dwelling-house is for the purposes of this Part of this Act an “ assured agricultural occupancy ” if— it is of a description specified in subsection (2) below; and by virtue of any provision of Schedule 3 to this Act the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house subject to the tenancy or licence. Subsection (1) has effect subject to section 24A(1) (opting out). The following are the tenancies and licences referred to in subsection (1)(a) above— an assured tenancy which is not an assured shorthold tenancy ; a tenancy which does not fall within paragraph (a) above by reason only of paragraph 3 , 3A, 3B or paragraph 7 of Schedule 1 to this Act ( or more than one of those paragraphs ) and is not an excepted tenancy ; and a licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which, if it conferred a sufficient interest in land to be a tenancy, would be a tenancy falling within paragraph (a) or paragraph (b) above. For the purposes of subsection (2)(b) above, a tenancy is an excepted tenancy if it is— a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 For the purposes of Chapter I above and the following provisions of this Chapter, every assured agricultural occupancy which is not an assured tenancy shall be treated as if it were such a tenancy , and every opted-out tenancy, is to be treated as if it were an assured tenancy and any reference to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; but the provisions of Chapter I above shall have effect in relation to every assured agricultural occupancy subject to the provisions of this Chapter. Section 14 above shall apply in relation to an assured agricultural occupancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to an assured agricultural occupancy.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section defines what counts as an 'assured agricultural occupancy'. It applies to a tenancy or licence of a dwelling-house that meets two requirements: it must be one of the types listed in subsection (2), and the agricultural worker condition (set out in Schedule 3) must be fulfilled for that dwelling.
The types that qualify are: an assured tenancy that is not an assured shorthold tenancy; a tenancy that would not be an assured tenancy only because of certain exclusions in Schedule 1 (paragraphs 3, 3A, 3B or 7) and is not an 'excepted tenancy'; and a licence giving exclusive occupation that would be one of those tenancies if it were a tenancy. Excepted tenancies are agricultural holdings under the 1986 Act or farm business tenancies under the 1995 Act.
Once an occupancy is assured agricultural, it is treated as if it were an assured tenancy for the purposes of Chapter I and later parts of this Chapter. This means the same rules on security, repairs, and eviction apply, subject to special provisions in this Chapter. Section 14 (repairing obligations) also applies to these occupancies as if they were assured tenancies.
When it applies
- A farm worker lives in a cottage provided by the farmer under a tenancy that is not an assured shorthold tenancy, and the agricultural worker condition is met.
- A person has a written licence to occupy a farmhouse exclusively, but the licence does not create a tenancy; the section decides whether that licence is an assured agricultural occupancy.
- A tenant holds a tenancy that would be an assured tenancy but for the fact that it is excluded under Schedule 1 paragraph 3 (e.g. a student letting) – if the agricultural worker condition applies, it may still be an assured agricultural occupancy.
- An agricultural holding tenancy under the Agricultural Holdings Act 1986 is an 'excepted tenancy' and therefore cannot be an assured agricultural occupancy under this section.
- A long-term farm worker with an assured shorthold tenancy – that tenancy does not qualify under subsection (2)(a), but it might fall under (2)(b) if the shorthold status arises only because of an exclusion in Schedule 1 and the condition is satisfied.
What this section does not say
- This section does not cover agricultural holdings governed by the Agricultural Holdings Act 1986 – those are expressly excepted.
- It does not cover farm business tenancies under the Agricultural Tenancies Act 1995 – those are also excepted.
- It does not set out the agricultural worker condition itself; that is found in Schedule 3 to the Act.
- It does not apply to assured shorthold tenancies that are not caught by the exceptions in subsection (2)(b) – most shortholds are excluded.
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This page reproduces the text of HA 1988 s. 24 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.