C1Part IV Succession on Death or Retirement of Tenant

Annotations:
Modifications etc. (not altering text)
C1

Pts. III–VI (ss. 25–82) excluded by Housing Act 1988 (c. 50, SIF 61), s. 101

Succession on death of tenant

35 Application of sections 36 to 48.

1

Sections 36 to 48 below (except sections 40(5), 42 and 45(8) which are of general application) shall apply where—

a

an agricultural holding is held under a tenancy which falls within paragraph (a) or (b) of section 34(1) above, and

b

the sole (or sole surviving) tenant (within the meaning of that section) dies and is survived by a close relative of his.

2

In sections 36 to 48 below F4(and in Part I of Schedule 6 to this Act)—

  • “close relative” of a deceased tenant means—

    1. a

      the wife F1, husband or civil partner of the deceased;

    2. b

      a brother or sister of the deceased;

    3. c

      a child of the deceased;

    4. d

      any person (not within (b) or (c) above) who, in the case of any marriage F2or civil partnership to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage F2or civil partnership;

  • “the date of death” means the date of the death of the deceased;

  • “the deceased” means the deceased tenant of the holding;

  • “the holding” (except where the context otherwise requires) means the agricultural holding mentioned in subsection (1) above;

  • “related holding” means, in relation to the holding, any agricultural holding comprising the whole or a substantial part of the land comprised in the holding;

  • “the tenancy” means the tenancy of the holding.

F33

Where this Act applies in relation to a tenancy by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in subsection (2) above (in the definition of related holding) to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.