Agricultural Holdings Act 1986 (c. 5)

Part IV E+W Succession on Death or Retirement of Tenant

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 E+W

35 Application of sections 36 to 48. E+W

(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 [F1 (and in Part I of Schedule 6 to this Act)]—

• “close relative” of a deceased tenant means—

  (a)

  the wife [F2 , husband or civil partner] of the deceased;

  (b)

  a brother or sister of the deceased;

  (c)

  a child of the deceased;

  (d)

  any person (not within (b) or (c) above) who, in the case of any marriage [F3 or 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 [F3 or 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.

[F4 (3) 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.]

Textual Amendments

F1 Words in s. 35(2) omitted (11.11.2020 for specified purposes) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 10

F2 S. 35(2): words in definition of "close relative" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 36(2); S.I. 2005/3175, {art. 2(1), Sch. 1}

F3 S. 35(2): words in definition of "close relative" inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 36(3); S.I. 2005/3175, {art. 2(1), Sch. 1}

F4 S. 35(3) inserted (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 4(2) (with art. 10)