SCHEDULES

F3SCHEDULE 6 Eligibility to Apply For New Tenancy Under Part IV of this Act

Annotations:
Amendments (Textual)
F3

Sch. 6 omitted (11.11.2020 for specified purposes) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 16

Part I“Eligible Person”: Supplementary Provisions

Occupation to be disregarded for purposes of occupancy condition

6

1

Occupation by a close relative of the deceased of any agricultural land shall be disregarded for the purposes of the occupancy condition if he occupies it only—

a

under a tenancy approved by the Minister under subsection (1) of section 2 of this Act or under a tenancy falling within subsection (3) (a) of that section,

b

under a tenancy for more than one year but less than two years,

c

under a tenancy not falling within paragraph (a) or (b) above and not having effect as a contract of tenancy,

d

under a tenancy to which section 3 of this Act does not apply by virtue of section 5 of this Act,

F1dd

under a farm business tenancy, within the meaning of the Agricultural Tenancies Act 1995, for less than five years (including a farm business tenancy which is a periodic tenancy),

e

as a licensee, or

f

as an executor, administrator, trustee in bankruptcy or person otherwise deriving title from another person by operation of law.

2

Paragraphs (a) to (e) of sub-paragraph (1) above do not apply in the case of a tenancy or licence granted to a close relative of the deceased by his spouse F2or civil partner or by a body corporate controlled by him.

3

References in the following provisions of this Schedule to the occupation of land by any person do not include occupation under a tenancy, or in a capacity, falling within paragraphs (a) to (f) of that sub-paragraph.