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Section 35: Application of sections 36 to 48.

Agricultural Holdings Act 1986 · 1986 c. 5View on legislation.gov.uk

Part IV: Succession on Death or Retirement of Tenant

Sections 36 to 48 below (except sections 40(5), 42 and 45(8) which are of general application) shall apply where—

an agricultural holding is held under a tenancy which falls within paragraph (a) or (b) of section 34(1) above, and
the sole (or sole surviving) tenant (within the meaning of that section) dies and is survived by a close relative of his.

In sections 36 to 48 below ...—

  • "close relative" of a deceased tenant means—

    (a)the wife , husband or civil partner of the deceased;

    (b)a brother or sister of the deceased;

    (c)a child of the deceased;

    (d)any person (not within (b) or (c) above) who, in the case of any marriage or civil partnership 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 or civil partnership;

  • "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.

Where this Act applies in relation to a tenancy by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in subsection (2) above (in the definition of related holding) to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.