Protected agricultural occupiers

Protected agricultural occupiers

• Protected agricultural occupiers have substantial housing rights
• There are two stages to a protected agricultural occupancy
• You can only be evicted if your landlord gets a court order

What is a ‘protected agricultural occupier’?

Protected agricultural occupiers are agricultural workers who rent a home that is tied to their employment and enjoy strong housing rights. This type of renting agreement is rare and not many agricultural workers renting their home from their employer will be a protected agricultural occupier. 

You can only qualify as a protected agricultural occupier if you meet the following criteria:

• You moved into your home before 15 January 1989 
• Your rented home is provided, or arranged, by your employer
• You live in a self-contained home and do not share living space with either your landlord or more than 2 other people 
• You meet the ‘agricultural worker’ condition 

You will still meet the agricultural worker condition even if you have been unable to work due to an industrial injury. Find out more about meeting the above conditions here.

Stages of a protected agricultural occupancy

Once you become a protected agricultural occupier by meeting the conditions, you gain strong rights and security. Your renting agreement has two stages:

• the initial protected agricultural occupancy (this is also known as the ‘contractual agreement’ and begins at the time you meet the agricultural worker conditions)
• the statutory agricultural tenancy (this replaces the ‘protected agricultural occupancy’ when one of the events below happens)

Changing from a protected occupier to a statutory tenant

Your protected agricultural occupancy will become a statutory tenancy when any of the following events occur:

• your employment ends 
• your landlord gives you a ‘notice of rent increase’
• you or your landlord register a fair rent
• your landlord gives you a ‘notice to quit’

You must continue to occupy the home as your residence to be classed as a statutory tenant. 

Changing from a protected agricultural occupier to a statutory agricultural tenant does not mean you lose any of the rights you had in the first stage. The terms of your original contract still apply but you may have even stronger rights once you become the statutory tenant. Get help if you are unsure of your rights.

What are my rights during the initial stage?

Your rights during the initial protected agricultural occupancy stage should be set out in a written tenancy or licence agreement or within an employment contract.

Once the initial stage ends and you become a statutory agricultural tenant, the terms of the written agreement you had initially will still apply, unless you and your landlord agree otherwise. If your landlord provided any essential services or utilities to you during the initial stage, they should continue this when you become a statutory agricultural tenant if it would be difficult to arrange the services or utilities yourself.

How much rent will I have to pay?

Your contract with the landlord will set out the amount of rent you must pay. In many cases, agricultural employers won’t charge rent or charge very low rent while you work for them. This does not affect your rights under a protected agricultural occupancy. All protected agricultural occupants have strong housing rights.

Can my rent be increased during the initial stage?

Yes, your landlord can give you written notice to increase your rent at any time. This then ends the initial protected agricultural occupancy, and you will become a statutory agricultural tenant.

Can I make sure the amount of rent I pay is fair?

Yes. You can apply to the rent officer to set a fair rent. This is known as a registered rent and is the maximum amount of rent your landlord can charge. Once a fair rent is registered the initial protected agricultural occupancy will end and you will be classed as a statutory agricultural tenant. Fair rents can then be registered every two years. Landlords can also apply to register a fair rent. You can find out about how to register a fair rent here.

Paying rent when the initial stage ends

When the initial stage ends (as described above) you will become the ‘statutory agricultural tenant’. At this stage you can only be required to pay rent when one of the following happens:

• you reach agreement with landlord about how much rent to pay
• you receive a notice of increase

There are limits on how much rent you can be charged in the statutory stage. It is unlikely that there are any protected agricultural occupancies left that have not already become statutory tenancies. This means that if you were a protected agricultural occupier, you are likely to now be a statutory tenant paying a ‘fair rent’. Please see above for information about registering a fair rent. Get help if you are unsure. 

Repairs during the initial stage

Under the initial stage, the responsibilities for repairs should be laid out in your tenancy agreement. Unlike most other tenancies, you could be responsible for repairs to the exterior of the property, or installations for plumbing and electricity among other things.  

If you are a protected agricultural occupier and you are unsure whether your landlord should carry out repairs or make your home fit to live in, get help. This is a complex area of the law.

Repairs when the initial stage ends

When the initial stage ends you will become the ‘statutory tenant’. In the statutory stage, your landlord is responsible for repairs to:

• the structure and exterior of the building – such as the walls, roof, external doors and windows 
• sinks, baths, toilets and other sanitary fittings, including pipes and drains 
• heating and hot water 
• all gas appliances, pipes, flues and ventilation 
• electrical wiring

As a statutory agricultural tenant, your landlord is always responsible for the above repairs, even if they give you a contract stating that they aren’t.

You should allow your landlord access to the property so they can assess what repairs are needed and to carry out the work.  

Your landlord must arrange a gas safety check once a year if there is a gas supply in your home. Any furniture provided should be fire resistant.

If you are a statutory agricultural tenant and you are unsure whether your landlord should carry out repairs or make your home fit to live in, get help.

Your right to live in your home undisturbed

You have the right to live in your accommodation without being disturbed. You have control over your home so that your landlord and other people cannot freely enter whenever they want to. Your landlord cannot limit or otherwise interfere with your right to live in your home. If your landlord tries to do this it may be harassment, which is against the law.

Should my landlord be registered with Rent Smart Wales?

No. If you have a protected agricultural occupier or have become a statutory agricultural tenant, your landlord does need to register your tenancy with Rent Smart Wales. Your landlord, or property manager is also not required to hold a Rent Smart Wales licence.

Succession in protected or statutory agricultural occupancies

Succession means that someone takes over your renting agreement if you die. If you are a protected agricultural occupier in either the initial or statutory stage, then the following people might be eligible to succeed:

A spouse, civil partner, or cohabitee   

If you have a spouse, civil partner or cohabitee living with you, and they continue to live in the home after you die, they will become a statutory agricultural tenant.

Another family member

If you do not have a spouse, civil partner or cohabitee living with you, but another family member lives with you for at least two years before you die, then that family member will also have rights to stay in the home. They will become a secure contract holder.

A protected or statutory agricultural tenancy can only be passed on once.

If more than one person family member is eligible to inherit your tenancy the County Court can decide who will be a statutory agricultural tenant.

If you live alone, then the protected or statutory agricultural tenancy will end upon your death, and the landlord can take possession of the property.

I want to move out, do I have to give notice?

If you have are in the initial stage (i.e. you are a protected agricultural occupier) you should check if your contract requires you to give notice if you wish to move out of your home.  

If the initial stage has ended as above, and you are a statutory agricultural tenant, you should check your contract to find out how much notice you should give if you become a statutory agricultural tenant. If your contract does not specify a notice period, you must give at least 4 weeks’ notice) 

If you leave your home with no intention to return, then your renting agreement will end.

Can I be evicted?

If you are a protected agricultural or statutory agricultural tenant, your landlord can only evict you by following the correct procedure and getting a possession order from the county court.    

For more information see our advice about eviction of protected agricultural occupiers.

Get help if you have received a notice from your landlord.