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Succession: Agricultural occupiers

This content applies to England

The succession rights for agricultural occupiers or workers.

The succession rights of agricultural occupiers depend on whether the occupier has protection under the Rent Act 1977, Rent (Agriculture) Act 1976, or Housing Act 1988. Before advising on succession rights, advisers must first establish the type of agricultural occupancy the occupier has. See the section on Agricultural occupiers for more information about how to establish types of agricultural occupancy.

Agricultural occupiers protected by Rent Act 1977

Agricultural occupiers who are protected by the Rent Act 1977 have the same rights to succession as regulated tenants.

Agricultural occupiers protected by Rent (Agriculture) Act 1976

Agricultural occupiers who are protected by the Rent (Agriculture) Act 1976 are entitled to one succession. The contract must have been entered into before 15 January 1989. If there is a spouse/civil partner or cohabitee who was living with the deceased tenant immediately before her/his death, s/he succeeds to the statutory tenancy. In the absence of a spouse/civil partner or cohabitee, a member of the deceased tenant's family may succeed to an assured agricultural tenancy, if s/he has been living with the deceased tenant for two years prior to her/his death.

Assured agricultural occupiers

Agricultural occupiers whose agreement began on or after 15 January 1989 are likely to be assured agricultural occupiers. Assured agricultural occupiers have the same succession rights as assured tenants.

Other agricultural occupiers

Agricultural holdings, farm business tenancies, and some other agricultural tenancies may have residential components, and may have succession rights. These are not dealt with in this section.[1]

[1] see Agricultural Holdings Act 1986 and Agricultural Tenancies Act 1995, as amended by the Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 SI 2006/2805.

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