Paragraph 12 New ground for possession for occupation by agricultural workerI1I2

After Ground 5 insert—

• “Ground 5A

  The landlord seeking possession requires the dwelling-house for the purpose of housing a qualifying agricultural worker.

  For the purpose of this ground a person is a “qualifying agricultural worker” in case A or B.

  Case A is where—

  1. (a)

     the person will be employed in agriculture as a seasonal or permanent employee under a contract of employment, and

  2. (b)

     the employer under that contract is—

     1. (a)

        the landlord, or

     2. (b)

        in the case of joint landlords seeking possession, at least one of those landlords.

  Case B is where—

  1. (a)

     the person will be—

     1. (i)

        employed in agriculture under a contract of employment, but the employer under that contract is not the landlord or, in the case of joint landlords, any of those landlords, or

     2. (ii)

        working in agriculture under a contract that is not a contract of employment, whether the contract is express or implied and (if express) whether oral or in writing,

  2. (b)

     the person will be employed or working in agriculture under that contract wholly or mainly for—

     1. (i)

        the landlord, or

     2. (ii)

        in the case of joint landlords seeking possession, at least one of the landlords, and

  3. (c)

     the relevant landlord intends that employment or work to continue for at least six months after the relevant date;

  and here “relevant landlord” means the landlord, or whichever of the joint landlords, the person will be wholly or mainly working for.

  In this ground—

  • “agriculture” has the same meaning as in the Rent (Agriculture) Act 1976 (see section 1 of that Act);

  • “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996.”