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Question Title: Substantial property with stables and paddocks
| Question: 306 |
| I have been asked to find tenants for a large property which has extensive outbuildings and grounds of about 20 acres. This is mainly paddocks for horses but there is about 3/4 acres of gardens round the house. The owners only want it to be rented for a short period whilst they are abroad. Will this be an agricultural tenancy or can I let it as an assured shorthold?
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| Answer: |
| Where agricultural land exceeding two acres, as defined, is let together with the dwelling house, then the tenancy cannot be an assured tenancy. The definition of agricultural land is the same as used for rating purposes and is land used as:- arable, meadow or pasture; plantation or woodland; poultry farming; market garden or used in conjunction with an agricultural building. But agricultural land does not include the following:- Land occupied together with a house as a park, gardens other than market gardens, pleasure grounds, land used mainly or exclusively for the purposes of sport or recreation or land used as a racecourse. The courts have applied the "predominant use" test to determine whether it is or is not agricultural land and in doing so will consider the terms of the tenancy, the actual or contemplated use of the land at the time of the conclusion of the contract or subsequently and any other relevant considerations. So if the land here is used for recreation rather than agriculture and the tenancy agreement is clear as to its purpose then the creation of an assured shorthold tenancy should be possible.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 6 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 33 |
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factsheet-33
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For more information, discuss on the Forum
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