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Vol 24 No 10 Oct/Nov 2019

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Lewis and Buchan: Clinical Negligence A Practical Guide

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Muir Watt & Moss: Agricultural Holdings 15th ed

Edited by: Timothy Fancourt, Caroline Shea, Catherine Taskis, Emily Windsor, Edward Peters, Jamie Sutherland

ISBN13: 9781847038555
Previous Edition ISBN: 0421444908
Published: February 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £265.00

In stock.

An agricultural holding is the land comprised in a tenancy of agricultural land or property, to be used wholly or mainly for agricultural purposes. The property may include, farm cottages, market gardens and small holdings as well as agricultural land, farms and farm buildings.

There are two main types of agricultural tenancy: tenancies subject to the old Agricultural Holdings Act 1986 regime (generally referred to as ‘agricultural holdings’ and those subject to the new Agricultural Tenancies Act 1995 regime (farm business tenancies). Broadly speaking, those tenancies beginning before September 1995 will be governed by the Agricultural Holdings Act 1986, and those beginning in or after that month will usually be governed by the Agricultural Tenancies Act 1995, though there are exceptions. It is critical to know which regime (if either) applies because the rules governing issues such as repairs, compensation, succession, rent review, security of tenure and termination differ between the two. The text covers in detail all aspects of these tenancies under both regimes.

The book offers a comprehensive and authoritative discussion of legal principles relating to agricultural tenancies with examples as to how the principles apply in practice, using relevant case law and secondary materials. The commentary in the text is supported by appendices including the relevant statutes, statutory instruments and specimen forms (or references to interactive forms available on the website. Importantly, the appendices also contain many procedural tables, which take the reader through the steps required in a variety of statutory procedures and applications.

Key features:

  • A definitive work with a strong established reputation – it has been a leading authority since it first published in 1912
  • Deals separately with the two statutory regimes governing agricultural tenancies – the Agricultural Tenancies Act 1995 and the Agricultural Holdings Act 1986 – and explains which applies
  • The principles and case law under both Acts come under analysis, explaining the different types of tenancy and the rules applying to each
  • Deals with such matters as tenancy creation, rent review, repairs and maintenance, removal of fixtures, security of tenure, succession and termination
  • Explains the contractual and statutory obligations and rights of both landlord and tenant
  • Addresses the key practical issues confronting a landlord or tenant, such as whether fixtures can be removed, whether compensation is available when a tenancy is terminated, how rent is to be reviewed and what happens on death or retirement 
  • Procedural tables included will help ensure the correct procedures are followed and meet the appropriate deadlines in relation to termination, succession, compensation, and variation of rent
  • Guidance on effective service of notices under each Act

Property Law, Agricultural Law
Introduction: an overview

Section One: Tenancies Governed by the Agricultural Tenancies Act 1995
1. The farm business tenancy regime
2. Duration, terms and termination
3. Rent and rent review
4. Removal of Fixtures and buildings
5. Compensation on termination
6. Dispute resolution
7. Micscellaneous provisions in the 1995 Act

Section Two: Tenancies Governed by the Agricultural Holdings Act 1986
8. General principles, conditions for application , and definitions
9. Statutory Control over interest granted
10. The terms of the tenancy agreement
11. Fixed equipment
12. Farming practices, estate management and statutory rights and restrictions
13. ReNt review
14. Termination of tenancy: notices to quit
15. Statutory restrictions on the operation of notices to quit
16. Compensation and custom
17. Succession on death or retirement
18. Subtenancies
19. market gardens and statutory smallholdings
20. Dispute resolution
21. Micscellaneous provisions in the 1986 Act

Section Three: Service of Notices and Other Instruments
22. Service of Notices and Other Instruments


Series: Property and Conveyancing Library

Gadsden and Cousins on Commons and Greens 3rd ed ISBN 9780414072138
To be published February 2020
Sweet & Maxwell Ltd
Hague on Leasehold Enfranchisement 6th ed: 3rd Supplement ISBN 9780414071544
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Housing Law Looseleaf Pay-as-you-go ISBN 9780421391109
Latest Release September 11, 2019
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Dilapidations: The Modern Law and Practice 6th ed ISBN 9780414065444
Published December 2017
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Cousins On The Law of Mortgages 4th ed ISBN 9780414034365
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Reynolds and Clark: Renewal of Business Tenancies 5th ed ISBN 9780414057548
Published December 2016
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Gale on Easements 20th ed ISBN 9780414057517
Published December 2016
Sweet & Maxwell Ltd
Gadsden on Commons and Greens Revised 2nd ed ISBN 9780414025677
Published January 2012
Sweet & Maxwell Ltd
Hague on Leasehold Enfranchisement 5th ed ISBN 9781847031341
Published July 2009
Sweet & Maxwell Ltd
Out of print
Muir Watt & Moss: Agricultural Holdings 14th ed ISBN 9780421444904
Published December 1998
Sweet & Maxwell Ltd
Out of print