Opt out of assured agricultural status HA 1988 s. 24A
Landlords can prevent a farm tenancy from becoming an assured agricultural occupancy by serving a prescribed opt-out notice before entering the agreement.
A tenancy that would otherwise be an assured agricultural occupancy for the purposes of this Part is not such an occupancy for those purposes if— before the tenancy is entered into, an opt-out notice (see subsection (2 is served by the person who is to be the landlord on the person who is to be the tenant, and the tenancy is not the continuation of an existing occupancy (see subsection (3. An opt-out notice is a notice, in such form as may be prescribed, stating that the tenancy is not to be an assured agricultural occupancy. A tenancy is the continuation of an existing occupancy if— the person to whom the tenancy is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it was granted, a tenant under an assured agricultural occupancy, and the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it was granted, a landlord under the assured agricultural occupancy referred to in paragraph (a). In this Chapter “ opted-out tenancy ” means a tenancy that, but for this section, would be 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 provision allows a landlord to prevent an agricultural tenancy from becoming an assured agricultural occupancy. To opt out, the person who is to be the landlord must serve a notice in the prescribed form on the person who is to be the tenant before the tenancy agreement is entered into.
An opt-out notice has no effect if the tenancy is a continuation of an existing occupancy. A tenancy is a continuation if, immediately before it was granted, at least one of the tenants was a tenant under an assured agricultural occupancy, and at least one of the landlords was a landlord under that same occupancy.
A tenancy that successfully opts out under these rules is defined as an opted-out tenancy. Such tenancies do not carry the statutory protections assigned to assured agricultural occupancies under this Part of the Act.
When it applies
- A farmland owner serves a prescribed opt-out notice to an incoming farm worker before signing a new residential tenancy agreement.
- A joint landlord gives an opt-out notice to a new agricultural tenant prior to the grant of a dwelling-house tenancy.
- A landlord attempts to serve an opt-out notice on an existing worker who is already living in the property under an assured agricultural occupancy.
What this section does not say
- Rules for recovering possession of property under an assured shorthold tenancy.
- Local authority duties regarding the rehousing of agricultural workers.
- Assessment of damages resulting from unlawful eviction or harassment.
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This page reproduces the text of HA 1988 s. 24A 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.