1 General

8.04 The succession scheme applies to tenancies granted before 12 July 1984, and to those ‘saved’ by s 34 as outlined above.¹¹ An application for succession can be made when the sole (or, in the case of joint tenancy, sole surviving) tenant dies and is survived by a close relative of his.¹² The application must be made within three months of the tenant’s death, beginning with the day after the date of death, and notice of application must be served on the landlord.¹³ The applicant must demonstrate to the agricultural land tribunal that he is both ‘eligible’ and ‘suitable’ to succeed to the tenancy – he must, moreover, be eligible within the meaning of the Act both at the date of death and at the date of the proceedings.¹⁴ ‘Eligibility’ and ‘Suitability’ are further discussed below.

8.05 If an application for succession is made, any notice to quit given by the landlord on the tenant’s death is effectively suspended. By virtue of s 43, a notice to quit given under Case G cannot have effect unless either no application is made within the allowed time, or none of the applications succeeds, or the tribunal consent to the operation of the notice to quit.¹⁶