Landlord’s Notice to Quit under Section 5 of the Agricultural Tenancies Act 1995

Landlord’s Section 5 Notice to Quit to Farm Business Tenant

PROP.LAN.23

This Landlord’s Section 5 Notice to Quit to Farm Business Tenant should be used by an agricultural Landlord who wishes to bring a Farm Business Tenancy (FBT) to an end on the contractual expiry date. 

A FBT with a term of more than two years does not automatically expire at the end of the contractual term. Instead, it continues as a statutory periodic tenancy from year to year unless a notice under Section 5 of the Agricultural Tenancies Act 1995 is served by either party. (There is no requirement to serve a Section 5 Notice where the fixed term is two years or less.)

This Notice complies with Section 5, which requires the notice to be in writing and to be given at least 12 months before the contractual expiry date of the FBT.

The Notice should be served on the Tenant by the method (or one of the methods) specified in the tenancy agreement. There is often a “Notices” clause which will stipulate where and how notices should be served. Subject to what the tenancy agreement says, delivery by hand or by recorded delivery will probably be safest.

Remember that the notice period begins from the time the Tenant receives the Notice, not when it was posted. Do not leave it until the last minute to post the Notice.

It is good practice to enclose a duplicate Notice for the Tenant to sign and return. This provides the Landlord with evidence that the Notice has been received.

This Landlord’s Section 5 Notice to Quit to Farm Business Tenant is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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