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Rent (Agriculture) Act 1976

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3 Protected occupiers by succession.E+W

(1)Subsection (2) or, as the case may be, subsection (3) below shall have effect for determining what person (if any) is a protected occupier of a dwelling-house after the death of a person (“the original occupier”) who, immediately before his death, was a protected occupier of the dwelling-house in his own right.

(2)[F1Where the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, if the surviving partner has, in relation to the dwelling-house, a relevant licence or tenancy, the surviving partner shall be a protected occupier of the dwelling-house.]

This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.

(3)Where—

(a)the original occupier was not a person who died leaving a [F2surviving partner] who was residing [F3in the dwelling-house immediately before [F4the original occupier's] death], but

(b)one or more persons who were members of [F4the original occupier's] family were residing with [F5the original occupier] at the time of and for the period of six months immediately before his death,

then, after [F4the original occupier's] death, if that person or, as the case may be, any of those persons has, in relation to the dwelling-house, a relevant licence or tenancy, that person or, as the case may be, such one of the persons having such a licence or tenancy as may be decided by agreement, or in default of agreement by the county court, shall be a protected occupier of the dwelling-house.

[F6(3A)In subsections (2) and (3) above “surviving partner” means surviving spouse or surviving civil partner.]

(4)A person who has, in relation to the dwelling-house, a relevant licence or tenancy shall be a protected occupier of the dwelling-house if—

(a)immediately before the licence or tenancy was granted, he was a protected occupier or statutory tenant of the dwelling-house by succession, or

(b)the licence or tenancy was granted in consideration of his giving up possession of another dwelling-house of which he was such an occupier or such a tenant.

(5)In this Act—

  • protected occupier by succession” means a person who is a protected occupier by virtue of subsection (2), (3) or (4) above;

  • statutory tenant by succession” means a person who is a statutory tenant by virtue of section 4(1) below and who, immediately before he became such a tenant, was a protected occupier by succession, or a person who is a statutory tenant by virtue of section 4(3) or (4) below.

(6)A dwelling-house, is in this Act, referred to as subject to a protected occupancy where there is a protected occupier of it.

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