Agricultural occupancy security: HA 1988 s. 25
HA 1988 s. 25 governs security of tenure for assured agricultural occupancies, covering periodic tenancies and employment notices.
If a statutory periodic tenancy arises on the coming to an end of an assured agricultural occupancy— it shall be an assured agricultural occupancy as long as, 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 in question; and if no rent was payable under the assured agricultural occupancy which constitutes the fixed term tenancy referred to in subsection (2) of section 5 above, subsection (3)(d) of that section shall apply as if for the words “the same as those for which rent was last payable under” there were substituted “monthly beginning on the day following the coming to an end of”. In its application to an assured agricultural occupancy, Part II Part 1 of Schedule 2 to this Act shall have effect with the omission of Ground 16 Grounds 2ZA to 2ZD, 5A and 5C . In its application to an assured agricultural occupancy, Part III of Schedule 2 to this Act shall have effect as if any reference in paragraph 2 to an assured tenancy included a reference to an assured agricultural occupancy. If the tenant under an assured agricultural occupancy gives notice to terminate his employment then, notwithstanding anything in any agreement or otherwise, that notice shall not constitute a notice to quit as respects the assured agricultural occupancy. Nothing in subsection (4) above affects the operation of an actual notice to quit given in respect of 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 protects housing rights for agricultural workers when a fixed-term assured agricultural occupancy comes to an end. If the worker continues living in the property and satisfies the statutory agricultural worker condition, a statutory periodic tenancy arises automatically under the same status.
Where an agricultural worker lived in the dwelling without paying rent during the fixed term, the resulting periodic tenancy converts to monthly rental periods starting immediately the following day. Certain statutory grounds for possession by the landlord are excluded or adapted for agricultural occupancies.
Resigning from farm employment does not automatically terminate the housing occupancy. A worker's notice to end their employment contract cannot be treated as a notice to quit their tenancy, keeping housing rights separate from job resignation.
When it applies
- A farm worker's fixed-term agricultural tenancy expires while they continue working on the farm and living in the cottage.
- An agricultural employee who lived rent-free during a fixed term transitions into a periodic tenancy after the term ends.
- A farm worker resigns from their job, and the farm owner claims the resignation notice automatically serves as a notice to leave the cottage.
What this section does not say
- Rehousing obligations of local authorities when an agricultural worker is displaced.
- Calculating statutory compensation or damages for an unlawful eviction of a farm worker.
- Initial creation and general definition of an assured agricultural occupancy.
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This page reproduces the text of HA 1988 s. 25 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.