Search Legislation

Agriculture (Miscellaneous Provisions) Act 1976

Status:

This is the original version (as it was originally enacted).

23Effect of direction under s. 20

(1)Subject to the provisions of this and the following section, a direction by the Tribunal under section 20(5), (6) or (9) of this Act entitling an applicant to a tenancy of the holding, or two or more applicants to a joint tenancy thereof, shall entitle him or them to a tenancy or joint tenancy of the holding as from the relevant time on the same terms as those on which the holding was let immediately before it ceased to be let under the contract of tenancy under which it was let at the date of death; and accordingly, subject as aforesaid, such a tenancy or joint tenancy shall be deemed to be at that time granted by the landlord to, and accepted by, the person or persons so entitled.

(2)In this and the following section " the relevant time "—

(a)except where the following paragraph applies, means the end of the twelve months immediately following the end of the year of tenancy in which the deceased died;

(b)if a notice to quit the holding was given to the tenant thereof by reason of the death of the deceased, being a notice falling within section 24(2)(g) of the 1948 Act which, apart from section 19 of this Act, would have terminated the tenancy at a time after the end of those twelve months, means that time.

(3)If on the date of death the holding was held by the deceased under a tenancy for a fixed term of years, subsection (1) above shall have effect as if the tenancy under which the holding was let at the date of death had before that date become a tenancy from year to year on (with that exception) the terms of the actual tenancy so far as applicable.

(4)If the terms of the tenancy to which such a direction entitles the person or persons concerned would not, apart from this subsection, include a covenant by the tenant or each of the tenants not to assign, sub-let or part with possession of the holding or any part thereof without the landlord's consent in writing, subsection (1) above shall have effect as if those terms included such a covenant.

(5)Any tenancy of the holding inconsistent with the tenancy to which such a direction entitles the person or persons concerned shall, if it would not cease at the relevant time apart from this subsection, cease at that time as if terminated at that time by a valid notice to quit given by the tenant.

(6)If the person or persons whom such a direction entitles to a tenancy or joint tenancy of the holding as from the relevant time becomes or become the tenant or joint tenants thereof before that time under a tenancy granted by the landlord to, and accepted by, the person or persons concerned, the direction shall cease to have effect and section 24 of this Act shall not apply.

(7)The rights conferred on any person by such a direction (as distinct from his rights under his tenancy of the holding after he has become the tenant or a joint tenant thereof) shall not be capable of assignment.

(8)The Lord Chancellor may by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament provide for all or any of the provisions of this Part of this Act (except this subsection) to apply, with such exceptions, additions or other modifications as may be specified in the regulations, in cases where the person or any of the persons whom such a direction entitles to a tenancy or joint tenancy of the holding dies before the relevant time.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources