The Renters’ Rights Act 2025 – Agricultural workers’ occupation and their special provisions

Our guide to the Renters' Rights Act 2025 can be downloaded for free:  The Renters' Rights Act 2025

Our webinar on the Renters' Rights Act 2025 takes place on 4 March 2026.  You can register for it here:  The Renters Rights Act 2025 Webinar - 1pm on Weds 4 March 2026 - Burges Salmon

This is a deeper dive into the special rules around agricultural workers' accommodation, and how they are changed by the Renters' Rights Act 2025.

Agricultural workers are in a special position as far as housing is concerned – if they are housed by their employer, then they have enhanced protection as an Assured Agricultural Occupant (AAO) unless their landlord opts-out before the tenancy is entered into.   These enhanced protections include their landlord having limited grounds for possession, and the tenancy continuing beyond the tenant’s employment. 

They also carry advantageous succession rights, as a family member (not just a spouse or civil partner) can succeed without a specific provision to that effect within the tenancy agreement, provided certain criteria are met.  

The Renters' Rights Act 2025 changes how a landlord can gain possession of an opted-out tenancy, and introduces new grounds that are only available for opted-out tenancies. 
 

AAOs are a special form of residential tenancy.  When dealing with rented housing occupied by an agricultural work, some questions need to be asked:
 

Who qualifies as an Assured Agricultural Occupant?

Only qualifying agricultural workers will enjoy enhanced protection as an AAO. 
 

What does “Work in agriculture” mean?

The definition is set by section 1 of the Rent (Agriculture) Act 1976: 
 

(1)(a)  “agriculture” includes—
(i)    dairy-farming and livestock keeping and breeding (whether those activities involve the use of land or not);
(ii)    the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not);
(iii)    the use of land as grazing, meadow or pasture land or orchard or osier land;
(iv)    the use of land for market gardens or nursery grounds; and
(v)    forestry;
 

(b)  “forestry” includes—
(i)    (i)the use of land for nursery grounds for trees, and
(ii)    (ii)the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes.
 

(2)  For the purposes of the definition in subsection (1)(a) above—
 

“consumable produce” means produce grown for consumption or other use after severance or separation from the land or other growing medium on or in which it is grown;
“livestock” includes any animal which is kept for the production of food, wool, skins or fur, or for the purpose of its use in the carrying on of any agricultural activity, and for the purposes of this definition “animal” includes bird but does not include fish.

Ascertaining whether someone works “in agriculture” is not always clear cut:  

Working in agriculture includes:
•    dairy farming
•    livestock keeping and breeding
•    growing produce, including edible crops such as cereals, fruit and vegetables, and non-        edible crops like bulbs, plants and flowers
•    forestry, market gardens and nurseries
•    maintaining meadow or pasture land, woodlands and reed beds
•    repairing farm machinery
 

Working in agriculture doesn't include:
•    shop assistants in farm shops
•    fish farming
•    gamekeeping
•    tending racehorses
•    keeping animals for sport/entertainment
 

What does being a “qualifying worker” mean?

A qualifying worker is someone who: 
•    Has been employed under a written or oral contract of employment – generally self-employed contractors are excluded
•    Whole-time - meaning at least 35 hours a week, unless the worker is unable to work the whole-time due to an injury (whether caused by an accident or otherwise) or disease caused by their employment in agriculture 
•    Works in agriculture – either is ‘employed’ in agriculture or has ‘worked’ in agriculture, and
•    Has worked in agriculture for 91 out of the previous 104 weeks (with a week being not less than 35 hours), including time on paid holiday or sick leave.
 

How does a landlord opt out of an agricultural worker gaining AAO status?
 

Before the tenancy is entered into, the landlord/employer must: 

•    Current position – serve notice on the prospective tenant stating that the tenancy is intended to be an assured shorthold tenancy, not an AAO.  The notice is called a Form 9 notice. 

•    Position from 1 May 2026 – the same as before, but the notice will now be called an “opt-out” notice, in a template to be provided by the Government. 

The template for the opt-out notice has not yet been published by the Government, but is likely to be similar to a Form 9 notice, although it will state that the tenancy is intended to be an assured periodic tenancy, not an assured shorthold tenancy. 

The tenancy that is granted will need to be at a rent of more than £250 a year (or more than £1,000 a year in Greater London).  This can be paid as a salary rebate.

Existing Form 9 notices served before 1 May 2026 will remain valid and the landlord will be entitled to rely upon the three new grounds. 

New grounds for possession for opted-out tenancies 

At the end of employment, a separate notice to end the tenancy will need to be given – the tenancy is not terminated by notice to terminate the contract of employment.  

From 1 May 2026, no fault section 21 notices will be abolished, and all tenancies will be assured periodic tenancies.   All termination notices will need to cite specific grounds for termination.  
 

The Renters' Rights Act 2025 introduces new grounds for termination which are only available if a tenancy of an agricultural employee has been opted-out:

•    Termination of a residential subtenancy when an agricultural headlease comes to an end, if there is a Farm Business Tenancy or an Agricultural Holdings Act 1986 tenancy over the whole farm, including the worker’s house (Ground 2ZA).

•    Termination on the basis that the property is needed to house an agricultural worker employed by the landlord (Ground 5A). 

•    Termination if the housing was supplied to the worker due to their employment by the landlord and the worker has ceased to be employed by the landlord (Ground 5C). 

What about using a service occupation agreement? 

Service occupation agreements are personal licences used when it is essential for an employee to live in a property owned by the employer to perform their duties.  They do not carry long-term security of tenure and end when employment ends.

Service occupation agreements are not recommended for agricultural workers or anyone who may become an agricultural worker.  This is because if occupation is not strictly essential for the performance of the worker's duties, the landlord may have inadvertently granted an AAO.

What are my key takeaway points?

• From 1 May 2026, a landlord must serve an opt-out notice (previously Form 9) on a prospective tenant before the tenancy is entered into, if they wish to prevent the agricultural workers gaining AAO status.
• A landlord of an opted-out tenancy will be able to rely upon a no-fault section 21 notice validly served on the tenant before 1 May 2026 as long as a claim for possession is issued by no later than 31 July 2026. 
• A landlord will be able to rely upon 3 new grounds for possession for an opted-out tenancy. 

Written with Ryan Small and Lucy Mostyn