Tenants warned about notices to quit for rewilding
© Wirestock/Adobe Stock The Tenant Farmers Association (TFA) has warned that some landlords are trying to regain possession of Agricultural Holdings Act (AHA) land for rewilding.
There have recently been numerous attempts at this for both rewilding and tree planting, but it is not easy for a landlord to regain possession of AHA land for rewilding in a valid way, said the association.
For such land, any notice to quit on the basis that it is needed for a use other than agriculture would be deemed as given under Case B, advised the TFA.
See also: Tenants’ rights if asked to quit land planned for development
However, Case B would not be applicable to rewilding, as it can only be used where the land under notice is subject to a change of use for which planning permission is required.
There are limited exceptions to this, but none would apply to rewilding, said adviser Caroline Squire.
“We would consider a notice to quit served on the grounds that the land is required for rewilding to be a S26 general notice to quit,” she said.
This type of notice needs a tribunal’s consent to its operation, provided the tenant serves a S26 (1) counter notice within one month of the date of the notice, and there are very limited circumstances in which such consent would be granted, she said.
The TFA advises any AHA tenant receiving a notice to quit on the basis the land was required for rewilding to treat it as a S26 general notice to quit, and serve a S26 (1) notice within one month, to require the landlord to gain the tribunal’s consent to the operation of the notice to quit to be able to enforce it.
“To cover all bases, we would also suggest on a without prejudice basis to serve a demand for arbitration under Case B within one month of the notice to quit, just in case the landlord tries to say it was a Case B notice to quit they had served,” said Ms Squire.
“It is also important to remember to apply for the appointment of an arbitrator within three months of the demand for arbitration to keep the demand for arbitration live.”