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Agricultural Holdings Act 1986

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51 Excluded cases.E+W

(1)Sections 37 and 38 above shall apply for the purpose of excluding the application of section 50(1) above, but subject to the following modifications—

(a)references to sections 36(1) and 41 above shall be read as references to section 50(1),

(b)references to the holding, a related holding and the tenancy shall be read in accordance with section 49(3) above, and

(c)references to the date of death shall be read as references to the date of the giving of the retirement notice.

(2)Section 50(1) shall not apply if the retiring tenant has at any time given any other notice under section 49(1) above in respect of the holding or a related holding and an application to become the tenant of the holding or a related holding has been duly made by any person under section 53 below in respect of that notice.

(3)Section 50(1) shall not apply if at the retirement date the retiring tenant will be under sixty-five, unless the retirement notice is given on the grounds that—

(a)the retiring tenant or (where the notice is given by joint tenants) each of the retiring tenants is or will at the retirement date be incapable, by reason of bodily or mental infirmity, of conducting the farming of the holding in such a way as to secure the fulfilment of the responsibilities of the tenant to farm in accordance with the rules of good husbandry, and

(b)any such incapacity is likely to be permanent,

and that fact is stated in the notice.

(4)If on the date of the giving of the retirement notice the tenancy is the subject of a valid notice to quit given before that date and including a statement that it is given for any such reason as is referred to in Case B, D or E (not being a notice to quit falling within section 38(3) above as applied by subsection (1) above), section 50(1) shall not apply unless one of the events mentioned in subsection (5) below occurs.

(5)Those events are as follows—

(a)it is determined by arbitration under this Act that the notice to quit is ineffective for the purposes of section 26(2) above on account of the invalidity of any such reason as aforesaid, or

(b)where a counter-notice is duly served under section 28(2) above—

(i)the Tribunal withhold consent to the operation of the notice to quit, or

(ii)the period for making an application to the Tribunal for such consent expires without such an application having been made.

(6)Where one of the events mentioned in subsection (5) above occurs the relevant period shall for the purposes of sections 53(1) and 54(2) below be the period of one month beginning with the date on which the arbitrator’s award is delivered to the tenant, with the date of the Tribunal’s decision to withhold consent, or with the expiry of the said period for making an application (as the case may be).

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