Agricultural Holdings Act 1986

50 Right to apply for new tenancy on retirement of tenant. E+W

(1) The eligible person named in the retirement notice may (subject to section 57(2) below) apply under section 53 below to the Tribunal for a direction entitling him to a tenancy of the holding unless excluded by section 51 below.

(2) For the purposes of sections 49 to 58 of this Act, “eligible person” means F1 ... a close relative of the retiring tenant in whose case the following [F2 condition is] satisfied—

(a) in the last seven years 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, F3 ...

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of the wife of the retiring tenant the reference in subsection (2)(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 retiring tenant (or both of them).

[F4 (3A) In the case of the civil partner of the retiring tenant the reference in subsection (2)(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 retiring tenant (or both of them).]

[F5 (4) For the purposes of the condition in subsection (2)(a), any period during which a close relative of the retiring tenant 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 (5) The reference in subsection (2)(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

F1 Words in s. 50(2) omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 13(2)(a); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

F2 Words in s. 50(2) substituted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 13(2)(b); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

F3 S. 50(2)(b) and word omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 13(2)(c); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

F4 S. 50(3A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 38; S.I. 2005/3175, art. 2(1), Sch. 1

F5 S. 50(4) substituted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 13(3); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

F6 S. 50(5) inserted (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 5(3) (with art. 10)