PART IVSuccession on Death or Retirement of Tenant
Succession on death of tenant
35Application of sections 36 to 48
1
Sections 36 to 48 below (except sections 40(5), 42 and 45(8) which are of general application) shall apply where—
a
an agricultural holding is held under a tenancy which falls within paragraph (a) or (b) of section 34(1) above, and
b
the sole (or sole surviving) tenant (within the meaning of that section) dies and is survived by a close relative of his.
2
In sections 36 to 48 below (and in Part I of Schedule 6 to this Act)—
" close relative " of a deceased tenant means—
- a
the wife or husband of the deceased ;
- b
a brother or sister of the deceased ;
- c
a child of the deceased ;
- d
any person (not within or above) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage ;
- a
"the date of death" means the date of the death of the deceased;
" the deceased " means the deceased tenant of the holding;
"the holding" (except where the context otherwise requires) means the agricultural holding mentioned in subsection (1) above;
" related holding " means, in relation to the holding, any agricultural holding comprising the whole or a substantial part of the land comprised in the holding ;
" the tenancy " means the tenancy of the holding.