Agricultural tenancies—rights of succession
Agricultural tenancies—rights of succession

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Agricultural tenancies—rights of succession
  • Succession on death

Statutory rights of succession in relation to an agricultural tenancy only exist if the Agricultural Holdings Act 1986 (AHA 1986) applies to that tenancy. There are no succession rights in relation to farm business tenancies (ie tenancies granted under the Agricultural Tenancies Act 1995 (ATA 1995)). In substance, this means that:

  1. where a tenancy granted before 12 July 1984 is one to which the AHA 1986 applies, the tenant automatically enjoys statutory rights of succession

  2. where a tenancy granted on or after 12 July 1984 and before 1 September 1995 is one to which the AHA 1986 applies, the tenant enjoys those rights only if any of the circumstances described in AHA 1986, s 34(1)(b) applies, the most common of which is that the parties have expressly included those rights in the tenancy agreement

  3. where a tenancy granted after 1 September 1995 is a ‘succession tenancy’ (ie it is a tenancy granted pursuant to a right of succession contained in an earlier tenancy agreement to which the AHA 1986 applies), it will remain subject to the succession rights contained in the AHA 1986 if they are expressly included in the succession tenancy agreement

There are two distinct rights of succession, both contained in AHA 1986, Part IV:

  1. the right to succeed on the death of the tenant, and

  2. the right to succeed