You have an agricultural tenancy if you meet certain conditions relating to the type of home you have, who your employer is, and the job you do. The conditions are shown below.
The type of home you have
You have to live in a self-contained home. You will not have an agricultural tenancy if you share a house with your landlord or if you live in a hostel. If your landlord provides services such as cleaning your home, you will not have an agricultural tenancy. However, if your landlord provides meals, this does not affect your right to an agricultural tenancy.
Who your employer is
Your employer must own the home you live in or have arranged for someone else to supply the home so that you can do your work. If your employer is the government, the royal family, a local authority, the Forestry Commission or a housing association, you will not have an agricultural tenancy. However, all these employers should give you extra housing rights as part of your employment contract. Ask your employer or trade union about these rights.
The job you do
You have to be an agricultural worker.
This means the following:
- you work 35 hours or more a week (unless you have a permit to work shorter hours because of an industrial injury), and
- you have to work, for at least some of the time, with things like crops, livestock or forestry. Maintaining tractors and other equipment on the farm is included in this work. Just working on a fish farm, keeping animals mainly bullet for sport, or working in a research station do not count, and
- you have been employed in agriculture for 91 out of the last 104 weeks. Time from previous employers can be counted, as can time when you were on paid holiday or sick leave. If an industrial injury stopped you from working before you had worked 91 weeks, you will still pass this test.