Section 24 Assured agricultural occupancies: opting out etcI1I2

The 1988 Act is amended as follows.

In section 24 (assured agricultural occupancies), after subsection (1) insert—

“(1A)

Subsection (1) has effect subject to section 24A(1) (opting out).”

In subsection (2)(a) of that section omit “which is not an assured shorthold tenancy”.

In subsection (3) of that section, for “shall be treated as if it were such a tenancy” substitute “, and every opted-out tenancy, is to be treated as if it were an assured tenancy”.

After that section insert—

“Opting out

24A

(1)

A tenancy that would otherwise be an assured agricultural occupancy for the purposes of this Part is not such an occupancy for those purposes if—

(a)

before the tenancy is entered into, an opt-out notice (see subsection (2)) is served by the person who is to be the landlord on the person who is to be the tenant, and

(b)

the tenancy is not the continuation of an existing occupancy (see subsection (3)).

(2)

An opt-out notice is a notice, in such form as may be prescribed, stating that the tenancy is not to be an assured agricultural occupancy.

(3)

A tenancy is the continuation of an existing occupancy if—

(a)

the person to whom the tenancy is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it was granted, a tenant under an assured agricultural occupancy, and

(b)

the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it was granted, a landlord under the assured agricultural occupancy referred to in paragraph (a).

(4)

In this Chapter “opted-out tenancy” means a tenancy that, but for this section, would be an assured agricultural occupancy.”