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—

    1. a

      the wife or husband of the deceased ;

    2. b

      a brother or sister of the deceased ;

    3. c

      a child of the deceased ;

    4. 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 ;

  • "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.