8.01 The Agriculture (Miscellaneous Provisions) Act 1976 radically extended the security of tenure for farm tenants by introducing a statutory succession scheme enabling a close relative of a deceased tenant to succeed to the tenancy.

The statutory succession scheme allows for two successions following the death of an agricultural tenant, but only applies to agricultural holdings within the Agricultural Holdings Act 1986. The succession scheme was substantially amended by the Agricultural Holdings Act 1984. The 1984 Act abolished succession rights for all new tenancies granted on or after 12 July 1984 (with limited saving provisions) and modified the scheme so as to permit succession following a farmer’s retirement.¹ The statutory succession scheme has been criticised, not least by the Law Commission, who recommended its abolition in a 1987 Report.² It remains in force, although the number of tenancies to which it applies is diminishing as succession rights are exhausted.