PART 5Special procedures

CHAPTER 2Agricultural land and drainage cases relating to succession

Succession cases41

1

This rule applies to an application made under section 39 or section 53 of the 1986 Act.

2

In proceedings under section 39, an applicant who opposes or intends to oppose any other application under that section may include in their own notice of application, or in a separate response, the following additional information—

a

the reasons why they oppose or intend to oppose that other application;

b

a statement whether they dispute that applicant's claim to be a designated applicant and, if so, why;

c

a claim to be a more suitable applicant than any other and, if so, why;

d

a statement whether or not the applicant has agreed with one or more other applicants or intending applicants to request the landlord's consent to a direction entitling them to a joint tenancy of the holding or might be willing to do so.

3

If the landlord does not respond to an application within the time allowed, the landlord is not entitled to dispute any matter alleged in the application but—

a

in the case of an application under section 39 or section 53, the landlord is entitled to give the landlord's views on the suitability of the applicant; and

b

in the case of an application under section 39, the landlord may make an application under section 44 of the 1986 Act for consent to the operation of a notice to quit.