8 Effect of direction entitling the nominated successor to a tenancy of the holding
8.95 A direction by the Tribunal entitling the nominated successor to a tenancy of the holding entitles him to a tenancy of the holding as from the retirement date specified in the retirement notice.
The new tenancy is to be on the same terms as those on which the holding was let at the date of the giving of the retirement notice, and a tenancy on these terms is ‘deemed’ to be granted by the landlord to the nominated successor on the date specified in the notice as the date on which the proposed succession is to take place.1638.96 The new tenancy is deemed to include a covenant not to assign, sublet or part with possession of the whole or part of the holding without the landlord’s consent in writing.164
8.97 The right to receive a tenancy pursuant to a Tribunal’s direction is itself not assignable.165 If the Tribunal’s direction is given within three months prior to the retirement date the Tribunal can (on the tenant’s application) specify as the date for commencement of the new tenancy any date within the period of three months following the retirement date. If the direction is itself made after the retirement date, the new tenancy can commence at any date during the period of three months immediately following the giving of the direction.166