Eviction of protected agricultural occupiers

• Protected agricultural occupiers whose agreement began before 15 January 1989 can’t be evicted without a good reason
• If you still live in the home and are no longer working in agriculture you keep the rights of a protected agricultural occupier

This page will help you work out your rights if your landlord wants to evict you and you are an agricultural occupier who moved into your home before 15 January 1989.

Am I an agricultural occupier?

Not everyone who lives and works on a farm is classed as an ‘agricultural occupier’. This is a special term that means the occupier meets certain criteria and has gained certain housing rights. To find out if you are classed as an agricultural occupier, and if so what kind of renting agreement you have, visit our agricultural occupiers page here.

How can I be evicted?

Usually, your landlord will have to get a possession order to evict you. The only exception to this is if you are living in your landlord’s home and share living space with them. If this applies to you, please visit our advice about eviction of excluded occupiers.

Protected agricultural occupancies have two stages. The initial stage is usually referred to as the ‘contractual agreement’. When the initial stage ends you are classed as a statutory agricultural tenant.

 Your landlord can only apply for a court order to evict you after the initial stage has ended and you become a statutory agricultural tenant. The initial stage ends when one of the following things happen:  

• your employment ends 
• your landlord has given you a ‘notice of rent increase’ (this must give at least four weeks’ notice)
• you or your landlord have registered a fair rent 
• your landlord has given you a ‘notice to quit’ (this must give at least four weeks’ notice)

If the initial stage has ended because either your employment has ended, a fair rent has been registered or you have received a notice of rent increase, then your landlord does not need to give you a notice to quit before they apply for a court order. 

If you receive a ‘notice to quit’ and have not moved out when the notice expires your landlord must apply for a court order if they still want to evict you. You can find out more about court and the eviction process here.

If you receive a notice from your landlord, get help. An adviser can check if the notice is valid.

Grounds for eviction

Your tenancy can only be ended if you give notice to quit to your landlord, or your landlord gets a possession order in the court. For the court to grant a possession order there must be a legal reason (called a ‘ground’) to evict you. Grounds can be either ‘mandatory’ or ‘discretionary’.

Mandatory grounds
If your landlord can prove a mandatory ground for possession the court has to evict you. The grounds are:  

• if your landlord was living at the property immediately before granting you the tenancy and they (or a family member who was also living with the landlord at that time) are returning to live there. Your landlord must have given you written notice before your tenancy started that this ground may be used.
• if your landlord wants to live in the property due to retirement. Your landlord must have given you written notice before your tenancy started that this ground may be used.
• if you have allowed the property to become overcrowded.

Discretionary grounds
If your landlord is using a discretionary ground for possession the court must consider whether it is reasonable to evict you. Your circumstances can be taken into account. The court can decide to: 

• delay the eviction to give you time to find somewhere else to live 
• stop the eviction if there are exceptional circumstances 
• allow you to pay off arrears by instalments

Find out what decisions the court can make here.

Discretionary grounds are:

• if suitable alternative accommodation is available for you. This must be affordable, fit your households’ needs, and have similar rights to your current home. Suitable alternative accommodation can be provided by your landlord or local council
• you have rent arrears or have broken your tenancy agreement 
• you have caused nuisance or annoyance 
• you have damaged the furniture or condition of the property 
• you have given notice to leave your home and your landlord is selling the property or arranged for someone else to live there
• you have rented all or part of the property to someone without your landlord’s consent  
• you are employed by your landlord and the accommodation is required for a new worker

If you give up your job, are sacked, made redundant, or cannot work because of sickness, you can still stay in your home. If you stop working, your landlord may need your home for another farm worker, but they would still need to use one of the grounds above and get a court order. Get help if this happens.

Possession order and bailiffs

Your landlord can only apply for a possession order after the date stated in a notice to quit or notice of rent increase, or if your employment ends or a fair rent is registered. 

The possession order will tell you what date you should leave. If you have not left by that date and your landlord still wants you to leave, they must ask bailiffs to evict you. It is a criminal offence to evict you themselves.

Illegal eviction

If your landlord tries to evict you without getting a court order it may be a criminal offence. Your local council should help if you have been illegally evicted or harassed by your landlord. You may also be able to obtain a court order requiring the landlord to allow you back into the property.