ABSTRACT
There are, in addition, some miscellaneous exclusions which are listed at 2.3.
By virtue of s 43(1)(a), the 1954 Act does not apply to agricultural holdings which have their own statutory regime contained in the Agricultural Holdings Act 1986. Section 69(1) of the 1954 Act provides that ‘agricultural holding’ has the same meaning for the purposes of the 1954 Act as in s 1(1) of the Agricultural Holdings Act 1986. This defines ‘agricultural holding’ as:
… the aggregate of the land (whether agricultural land or not) comprised in a contract of tenancy which is a contract for an agricultural tenancy, not being a contract under which the land is let to the tenant during his continuance in any office, appointment or employment held under the landlord …
and a contract of tenancy is a contract for an agricultural tenancy:
if, having regard to –
(a) the terms of the tenancy,
(b) the actual or contemplated use of the land at the time of the conclusion of the contract and subsequently, and
(c) any other relevant circumstances,
the whole of the land comprised in the contract, subject to such exceptions only as do not substantially affect the character of the tenancy, is let for use as agricultural land.
