Section 24A — Housing Act 1988: Opting out

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.