Commentary

311 Protected occupancy by succession

AGRICULTURAL TENANCIES vol 2(1)
| Commentary

311 Protected occupancy by succession

| Commentary

311 Protected occupancy by succession

A protected occupancy by succession arises on the death of a protected occupier where:

  1. 311.1

        the deceased occupier leaves a surviving spouse or civil partner who was residing in the dwellinghouse immediately before the deceased’s death and, following the death, the surviving spouse or civil partner has a relevant licence1 or tenancy2; or

  2. 311.2

        there is no surviving spouse or civil partner who qualifies under sub-paragraph 311.1, but one or more persons who were members of the deceased’s family3 were residing with the deceased at the time of and for

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