3 Exclusion of insecure interests
8.10 The statutory succession scheme is an extension of the security of tenure provisions of the 1986 Act. Consequently, the Act prevents succession where the interest of the deceased was not such as to attract security of tenure.
No application for succession can be made in the following circumstances:(i)If the deceased’s tenancy was a fixed term of which more than 27 months remained unexpired at his death;25 or
(ii)If the deceased’s interest was a fixed term of more than one but less than two years;26 or
(iii)If the deceased received a notice to quit which had become binding and final prior to the date of death. This will be the case where tribunal consent has already been given, or no counter notice claiming security served, before the date of death. Similarly, no succession is possible if the tenant has received a notice to quit under Case C (Bad Husbandry) or Case F (Insolvency). If, prior to the tenant’s death, the landlord served notice to quit under Cases B, D or E, then no succession is allowed if the arbitration procedures have been exhausted prior to the death, and the notice to quit upheld. This is also the case if the tenant failed to demand arbitration within the statutory time limits.27
(iv)No application for succession can be made if the holding consists of land held by a smallholdings authority (or the Ministry) for the purposes of smallholdings within the meaning of Part III of the Agriculture Act 1970.28 This is expressly the case whether the tenancy was granted before or after the commencement of the 1970 Act.29
(v)No application can be made if the holding is vested in the trustees of a charitable trust established for the settlement/employment in agriculture of ex-members of the armed forces.30