Modifications etc. (not altering text)
C1Pts. III–VI (ss. 25–82) excluded by Housing Act 1988 (c. 50, SIF 61), s. 101
(1)Any eligible person may apply under section 39 below to the Tribunal for a direction entitling him to a tenancy of the holding unless excluded by subsection (2) or section 37 or 38 below.
(2)Subsection (1) above (and section 41 below) shall not apply if on the date of death the holding was held by the deceased under—
(a)a tenancy for a fixed term of years of which more than twenty-seven months remained unexpired, or
(b)a tenancy for a fixed term of more than one but less than two years.
(3)For the purposes of this section and sections 37 to 48 below, “eligible person” means ([F1subject to the provisions of Part I of Schedule 6 to this Act and] without prejudice to section 41 below) any surviving close relative of the deceased in whose case the following [F2conditions are] [F2condition is] satisfied—
(a)in the seven years ending with the date of death his only or principal source of livelihood throughout a continuous period of not less than five years, or two or more discontinuous periods together amounting to not less than five years, derived from his agricultural work on the holding or on an agricultural unit of which the holding forms part, [F3and
(b)he is not the occupier of a commercial unit of agricultural land.]
(4)In the case of the deceased’s wife the reference in subsection (3)(a) above to the relative’s agricultural work shall be read as a reference to agricultural work carried out by either the wife or the deceased (or both of them).
[F4(4A)In the case of the deceased’s civil partner the reference in subsection (3)(a) above to the relative’s agricultural work shall be read as a reference to agricultural work carried out by either the civil partner or the deceased (or both of them).]
[F5(5)Part I of Schedule 6 to this Act, which supplements subsection (3) above and makes provision with respect to the assessment of the productive capacity of agricultural land for the purposes of paragraph (b) of that subsection, shall have effect.]
[F5(5)For the purposes of the condition in subsection (3)(a), any period during which a close relative of the deceased was, in the period of seven years mentioned in that condition, attending a full-time course at a university, college or other establishment of higher or further education shall be treated as a period throughout which the relative's only or principal source of livelihood derived from the relative's agricultural work on the holding; but not more than three years in all shall be so treated by virtue of this subsection.]
[F6(6)The reference in subsection (3)(a) above to agricultural work carried out by a person on the holding or on an agricultural unit of which the holding forms part includes—
(a)agricultural work carried out by him from the holding or an agricultural unit of which the holding forms part, and
(b)other work carried out by him on or from the holding or an agricultural unit of which the holding forms part,
which is of a description approved in writing by the landlord after the commencement of this subsection.]
Textual Amendments
F1Words in s. 36(3) omitted (11.11.2020 for specified purposes) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 11(2)(a)
F2Words in s. 36(3) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 11(2)(b)
F3S. 36(3)(b) and word omitted (11.11.2020 for specified purposes) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 11(2)(c)
F4S. 36(4A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 37; S.I. 2005/3175, {art. 2(1), Sch. 1}
F5S. 36(5) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 11(3)
F6S. 36(6) inserted (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 5(1) (with art. 10)