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

43 Restriction on operation of notice to quit given by reason of death of tenant. E+W

(1) A notice to quit the holding given to the tenant of the holding by reason of the death of the deceased and falling within Case G shall not have effect unless—

(a) no application to become the tenant of the holding is made (or has already at the time of the notice to quit been made) under section 39 above within the period mentioned in subsection (1) of that section, or

(b) one or more such applications having been made within that period—

(i) none of the applicants is determined by the Tribunal to be in their opinion a suitable person to become the tenant of the holding, or

(ii) the Tribunal consent under section 44 below to the operation of the notice to quit in relation to the whole or part of the holding.

(2) Where the Tribunal consent under section 44 below to the operation of a notice to quit to which subsection (1) above applies in relation to part only of the holding, the notice shall have effect accordingly as a notice to quit that part and shall not be invalid by reason that it relates only to part of the holding.