Medical evidence concerning the suitability to succeed to the tenancy of a farm: the case of ‘toad of toad hall’

Although there is widespread support for the "ideal model" of agricultural production being based around the owner-occupier farmer, it is recognized that, for a variety of reasons, this ideal is neither always attainable nor desirable. There is also a need to ensure that farming becomes competitive when exposed fully to world markets. This means that farmers are likely to require the flexibility to expand their businesses in circumstances where they may not have the capital to purchase the additional assets. The need to find suitable systems for agricultural tenancy reform remains paramount as a means both for sustaining rural communities generally and for establishing mechanisms suitable for matching the demand for and supply of private land for rent. The United Nations Food and Agriculture Organization (FAO) recently commissioned a study of agricultural land tenure systems in order to identify elements of good practice in existing arrangements for the leasing of private sector agricultural land. This report is confined to a consideration of and commentary on the existing literature on tenure and tenancy arrangements as a basis for identifying examples of good practice. For the purposes of establishing good practice, this report concentrates on the market economies of northern and western Europe, predominantly the fifteen current member states of the European Union, while being aware of the principal dimensions of land reform in central and eastern European and former Soviet Union countries.

Private sector agricultural tenancy arrangements in Europe : themes and dimensions, a critical review of current literature

Agricultural tenancies arising after 1st September 1995 are mostly governed by the Agricultural Tenancies Act 1995. As such, tenants under this Act do not benefit from the degree of protection conferred on tenancies already in existence, which remain under the Agricultural Holdings Act 1986. Section 4 of the 1995 Act seeks to protect those tenancies which subsequently inadvertently undergo a surrender and regrant and which would otherwise lose the protection of the 1986 Act. This paper seeks to investigate, by relating recent case law and statute to the situation of agricultural tenancies, the occasions where surrender and regrant might occur and whether in such instances the protection of the 1986 Act will be lost.

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Agricultural tenancies: implied surrender and regrant and the operation of the Agricultural Tenancies Act 1995

The place of the agricultural tenancy in modern farming in England and Wales

"Section I: Agricultural Holdings Under the Agricultural Holdings Act 1986. Part I: Formation of an agricultural holding. Part II: The tenancy agreement . Part III: Security of tenure. Part IV: Succession on death or retirement of tenant. Part V: Compensation on quitting. Part VI: Disputes procedures and miscellaneous. Section 2: Statutes and statutory instruments - 1986 Act. Section 3: Forms and Precedents - 1986 Act. Section 4: Farm Tenancies Under the Agricultural Tenancies Act 1995. Part I: Formation of a farm business tenancy. Part II: The tenancy agreement. Part III: Termination of a farm business tenancy. Part IV: Fixtures and compensation for improvements. Part V: Dispute resolution. Part VI: Miscellaneous. Section 5: Statutes and Statutory Instruments - 1995 Act. Section 6: Forms and Precedents - 1995 Act."

W. S. Scammell

Papers

Scammell and Densham's Law of Agricultural Holdings