Ending an agricultural tenancy
Different requirements for ending an agricultural tenancy apply to fixed-term, periodic and other agreements.
Ending an agricultural tenancy on a periodic agreement (except for year-to-year)
A party (tenant or owner) must serve written notice on the other party if they want to end a periodic agricultural tenancy. Unless it is a year-to-year tenancy, the length of notice must be at least equal to the length of the tenancy period. This means the period for which rent is paid, for example monthly or quarterly.
In addition to the above requirements for ending a periodic agricultural tenancy (other than a year-to-year tenancy), written notice must be given as follows:
- Sharefarming arrangements for crop growing require at least a one month notice period. The period of notice must end at least one month after the end of the current annual cropping program.
- Other periodic arrangements (other than year-to-year) require a notice period of at least one month.
Ending a year-to-year agricultural tenancy
An agricultural tenancy from year-to-year cannot be terminated unless at least 6 months’ written notice is given to the other party before the end of the tenancy period. The period of notice must end at least one month after the end of the annual cropping program.
Ending an agricultural tenancy on a fixed-term agreement
An agricultural tenancy on a fixed-term agreement with no provision for holding over will finish at the end of the lease and no notice is required to end it.
Other notice requirements may apply in some situations
These notice periods do not apply to termination for breach of the agricultural tenancy, or where the tenant and the owner have otherwise agreed on the amount of notice to be given.