Succession rights for agricultural occupiers
Succession rights depend on the type of agricultural occupancy the occupier has and whether the agreement was entered into before 15 January 1989.
Succession rights of agricultural 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.
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 their death, they succeed 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 they have been living with the deceased tenant for two years prior to their 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.
Last updated: 15 February 2021