4 Extension in lieu of claim for emblements
5.49 The 1986 Act contains an unusual provision124 under the heading ‘Extension of tenancies in lieu of claims to emblements. This provision is aimed at the situation where the landlord granting the tenancy has only a life interest, or some other uncertain interest, which is determined either by his death or cesser.
At common law the tenancy automatically terminated with the landlord’s estate, subject to the tenant’s right to re-enter to claim emblements, ie to harvest crops that come to maturity within a year of sowing. The 1986 Act provides that where the landlord’s interest terminates in these circumstances, the tenancy shall continue until terminated by 12 months’ notice to quit given in the normal manner. The tenant, moreover, will be able to serve a counter notice invoking the security of tenure provisions of Part I of the 1986 Act.
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