A growing number of landlords are using 'inappropriate' notices to evict farm tenants for tree planting purposes, the Tenant Farmers Association (TFA) has warned.
The Agricultural Holdings Act 1986 allows a landlord to use a 'Case B' notice to quit on a tenant if planning permission has been gained for a non-agricultural use of the land.
The TFA said there had been an 'alarming' increase in these cases, with tenant farmers unable to contest the notices.
As tree planting does not require planning permission, a Case B notice to quit cannot be validly served by a landlord who intends to plant trees on the land which is subject to the notice.
TFA rural surveyor, Caroline Squire explained that tenant farmers were not able to contest these notices, "so they are quite frightening when they arrive".
"However, tenants can ask for the notice to quit to be referred to arbitration to determine that it is an ineligible notice," she said.
"It is critically important that the notice demanding arbitration is served by the tenant within one month of the date of the landlord’s notice to quit.
"Failure to respond within the deadline will render the landlords notice valid."
Ms Squire urged any tenant in receipt of a notice to quit for whatever purpose to get advice from the TFA or a relevant professional 'as soon as possible'.
Tree planting on land falls under the Permitted Development rights contained within the General Permitted Development Order.
Whilst it has always been the case that this falls outside the scope of Case B, a recent court judgement has underlined the point.
The only circumstance in which a Case B notice to quit for tree planting might be valid is if the tree planting was ancillary to a development which had planning permission, the TFA said.
For example, if there was planning permission for a timber processing facility and the land around it was required to grow timber to be used within that facility.
Similarly, a landscaping requirement for a housing development might also fall within scope, the TFA explained.
However, straight tree planting without a connected change of use confirmed by a planning consent will always be out of scope for case B, it added.
Landlords wanting to resume rented land for tree planting can use a general notice to quit, this will need the consent of the First-Tier Property Chamber Tribunal if the tenant has served a counter notice requiring the landlord to obtain the Tribunal’s consent.
However, the TFA said it was important that the tenant in receipt of the notice to quit serves a counter notice within one month of the landlord’s notice.
