Part 1Agricultural tenancies

Chapter 2General provision as to new types of tenancy

Succession to short limited duration tenancies and limited duration tenancies

22Right of landlord to object to acquirer of tenancy

(1)

A person to whom a lease constituting a short limited duration tenancy F1, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy is transferred under section 16 (provisions relating to leases) of the 1964 Act must give notice of the transfer to the landlord within 21 days of the transfer or (where that is not possible) as soon as practicable thereafter; and the lease is, subject to subsections (2) and (3), binding on the landlord and that person as landlord and tenant respectively as from the date of the transfer if such notice is given.

F2(2)

Sections 12A, 12B and 12C(1), (2) and (5) of the 1991 Act apply in relation to subsection (1) as they do in relation to section 12(1), subject to the following modifications—

(a)

in section 12A—

(i)

in subsection (2), the reference to notice given under section 12(1) is to be read as a reference to notice given under subsection (1),

(ii)

in subsections (3)(b) and (c) and (4)(b), for “holding” substitute “ land comprised in the lease ”,

(b)

in section 12B(2), the reference to notice given under section 12(1) is to be read as a reference to notice given under subsection (1),

(c)

in section 12C, in subsection (1), for “holding” substitute “ land comprised in the lease ”.

(3)

Where a lease constituting a short limited duration tenancy F3, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy is transferred to a person under subsections (4A) and (4B)(b) of section 16 of the 1964 Act, the landlord is entitled to acquire the person’s interest in the lease provided that—

(a)

the landlord gives the person notice—

(i)

in writing; and

(ii)

within 30 days of the giving of the notice under subsection (1),

of the landlord’s intention to acquire that interest; and

(b)

the terms upon which the landlord acquires that interest are no less favourable to the person than any reasonable terms upon which the lease was transferred to the person.