AHA 1986 — Pre-September 1995 Agricultural Tenancies

Agricultural Holdings Act 1986 — Security of Tenure, Notice to Quit (Cases D-H), Succession Rights (Two Generations) and Arbitration Rent Reviews

The Agricultural Holdings Act 1986 governs all agricultural tenancies created before 1 September 1995. New AHA 1986 tenancies cannot be created — the Agricultural Tenancies Act 1995 (Farm Business Tenancies) governs all new agricultural tenancies from that date. Existing AHA 1986 tenancies continue with strong security of tenure. Key points: (1) security of tenure — landlord must serve a 12-month Notice to Quit (NtQ) effective at the end of a tenancy year; tenant can contest unless an incontestable Case applies (Sch 3 Part I AHA 1986); (2) incontestable Cases — Case B (planning permission; non-agricultural use); Case D (failure to comply with Remediation Notice — at least 6 months for non-monetary breach); Case E (irreparable breach); Case F (insolvency); Case G (death of tenant — NtQ within 3 months of landlord notification); (3) contestable NtQ — tenant serves Counter-Notice → Agricultural Land Tribunal (ALT) consent required (fair and reasonable landlord test, s.26(2)); (4) succession rights (Part IV; Sch 6) — up to 2 successions; eligible close relative (spouse; civil partner; child; sibling; parent); substantially employed on holding 5 of last 7 years; principal livelihood test; ALT suitability test; retirement succession (s.49); (5) arbitration rent reviews (s.12) — either party; not more than every 3 years; open market rent; disregard tenant's improvements and scarcity.

14 min readUpdated 7 June 2026Last reviewed: 17 May 2026agricultural-holdings-actaha-1986farm-tenancysecurity-of-tenure

Security of tenure, incontestable Notice to Quit cases and contestable NtQ (ALT consent)

AHA 1986 tenants have strong statutory security of tenure — the landlord must serve a 12-month NtQ, and most NtQs can be contested by the tenant.

Valid NtQ (s.25 AHA 1986): written; at least 12 months' notice; effective at end of a tenancy year (anniversary date)
Incontestable Cases (Sch 3 Part I): Case B (planning permission — non-agricultural use required); Case D (failure to comply with Remediation Notice — at least 6 months for non-monetary breach; 2 months for monetary breach); Case E (irreparable breach — incapable of remedy); Case F (insolvency/bankruptcy); Case G (death — NtQ within 3 months of landlord notification by personal representatives)
Contestable NtQ: tenant serves Counter-Notice within 1 month → ALT must consent for NtQ to take effect; ALT grants consent only if fair and reasonable landlord test satisfied (s.26(2) — relative hardship; landlord's need for land; tenant's agricultural livelihood dependence)

Succession rights (Part IV — two generations), suitability test, retirement succession and arbitration rent reviews

Succession rights are the most significant protection for AHA 1986 tenants — up to two generations can succeed, dramatically extending the period during which the landlord cannot recover the land.

Succession on death or retirement: eligible close relative (spouse; civil partner; child; sibling; parent) — substantially employed on holding 5 of last 7 years; principal livelihood test — must apply to ALT for new tenancy direction
Suitability test (Sch 6 para 7-8): ALT assesses training; practical experience; financial resources; landlord's reasonable expectations — unsuitable nominees can be refused
Maximum two successions: original tenant → first successor; first successor → second successor — no third succession; landlord can recover possession after second successor dies or retires
Retirement succession (s.49): retiring tenant nominates eligible close relative; same eligibility and suitability criteria apply
Arbitration rent reviews (s.12): either party may demand — not more than once every 3 years; open market rent (3-year yearly tenancy basis); must disregard tenant's improvements; grant-aided improvements; and scarcity element

Frequently asked questions

Can I remove an AHA 1986 tenant without the Agricultural Land Tribunal's consent?+

Only if you can establish an incontestable Case under Schedule 3 Part I AHA 1986. The most commonly relied-upon are: Case D (failure to comply with a Remediation Notice — at least 6 months must be given for non-monetary breaches); Case E (irreparable breach); Case F (insolvency); Case G (death of tenant — NtQ must be served within 3 months of landlord notification by personal representatives). For any NtQ without an incontestable Case, the tenant can serve a Counter-Notice and demand ALT consent — which is granted only if it is fair and reasonable for the tenant to give up possession.

How do succession rights work under the AHA 1986?+

On death or retirement of an AHA 1986 tenant, an eligible close relative (spouse; civil partner; child; sibling; parent) who has been substantially employed on the holding for 5 of the last 7 years and who depends on the holding as their principal source of livelihood can apply to the ALT for a new tenancy. The ALT also applies a suitability test (training; experience; financial position). Up to two successions are permitted — the third generation has no succession rights, allowing the landlord to recover possession.

What is the difference between an AHA 1986 tenancy and a Farm Business Tenancy?+

AHA 1986 (pre-1 September 1995): strong security of tenure (ALT consent usually required to end tenancy); succession rights (up to 2 generations); arbitration rent reviews (maximum every 3 years; open market rent). Farm Business Tenancies (ATA 1995 — from 1 September 1995): no security of tenure (ends at agreed term); no succession rights; 12-month notice; rent review terms set by agreement. New AHA 1986 tenancies cannot be created.

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