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Succession

QuestionAnswer
Tenancies granted on/before which date are succession tenancies? 12 July 1984
Tenancies granted between 12th July 1984 are what? Lifetime tenancies
What must a close relative do in order to be granted the tenancy? Apply to the first tier tribunal
What must the Tribunal decide the tenant is? Suitable and Eligible
Where is the legal Authority for succession tenancies found in the 86 Act? Part IV
Where are the provision for succession on death found in the 86 Act? Section 34-48
Where are the provision for succession on retirement found? Section 49-58
On succession by agreement with the landlord, what test must be satisfied and where in the act are the provision found? Must satisfy the close relative test only provided by Section 37 of the 86 Act
What are the tests for eligibility? 1. Close relative test 2. Principle source of Livelihood Test 3. The commercial unit occupation test
What section of the act provides the authority for the close relative test? Section 35(2)
What section of the act provides the authority for the principle source of livelihood test? Section 36 (3) (a)
Which section provides for the tribunal to consider them eligible if they fail the principle source of livelihood test? Section 41
How did the Regulatory Reform Order 2006 effect the principle source of livelihood test? Farmer can now diversify the holding from agriculture without risking their succession right provided it has consent from the LL since 18th October 2006
What section of the act provides the authority for the Commercial Unit occupation test Sch VI Part I
Test for suitable - what will the tribunal take into account? 'All relevant matters' incl age, health, experience, training
What will also be taken into account in the test for suitability? Landlords view
When LL and received notice of T death, what is the time limit for him to serve a notice quit on the tenant and which notice quit? 3 months - Case G notice under Sch III
What is the time limit for the LL to apply to the tribunal to get consent for the N2Q? 4 months
What must the LL satisfy to get consent for his N2Q? Satisfy one of the grounds under section 27 (3) a-f
On death of tenant how long does the successor have to apply to arbitration? 3 months following the date of death
What must the applicant do before applying to the tribunal? Deliver a notice in righting to all interested parties (defined in 2007 Rules Order)
If not fully eligible and making application under section 41 how long does the successor have to apply? 3 months
What must the applicant include in the application? Provide a written description of the holding in which the application relates to and must be signed by himself and not an agent.
To establish suitable/eligibility what information must they provide in the application? 1. Maps of the holding 2. Birth certificates of the applicant and the deceased tenant 3. Any qualifications 4. Medical certificate 5. Farm accounts of 5 years (good practise to provide 7) 6. tenants will (if one was written)
Section 39 86 Act provides what? If applicant has competition, they may provide a response as to why they dispute their competitors application
What do the tribunal do when they have received the application? Provide a copy to the LL
Once LL has received copy of application how long do they have to respond? 28 days
What happens if LL does not respond in 28 days? LL cannot dispute the application. Can still provide view on suitability however.
If there are multiple applicants what will the tribunal consider (if available)? The tenants will. Consider in order who was appointed in the will
At what age must the tenant be to retire? 65
When else may they retire? When they are permanently infirm at any age
What must the tenant do if they wish to retire? Serve a retirement notice on the LL
Once a retirement notice is served how long does the successor have to apply to the tribunal? 1 month
What happens in the case of retirement if its a joint tenancy? All the tenants must be 65 or all in firm in order to retire
What do the joint tenant run the risk of if they are all not able to retire? LL may serve a Case C notice to quit on them for bad husbandry
After tribunal has notified the LL of the application how long does LL have to challenge the application? 1 month
What is different between a death application and a retirement application For a retirement application, applicant cannot apply under section 41 to be treated as eligible. Applicant must be able to satisfy the Principle source of livelihood test.
What happens for the tenant if the tribunal refuses the application the successor? Tenant will be unable ti make a further application to tribunal to retire for another successor
What happens for the applicant in the event they are refused the tenancy? If they are refused the tenancy by tribunal on retirement, they will have lost their chance to apply again at death.
Which case relates to the principle source of livelihood test? Lloyd Hunter-Helm v ALIH Properties (2008)
What were the main facts of the Lloyd Hunter-Helm v ALIH Properties Case? Principle source of livelihood disputed Feed store not agri Hay from feed store provided for free Held that this was legitimately described as part of the livelihood taken from qualifying work. Lloyd found eligible and suitable.
What is classes as a close relative under s35 (2) Spouse Sibling Child (incl treated child) cannot skip a generation
What is required of the principle source of the livelihood test according to s 36 (3) (a)? prove that 7 years prior to death/retirement of tenant principle source of livelihood came from agriculture for a period of 5 yrs as a result of working on or part of the holding
What is a commercial unit? A unit capable of producing an income pa equivalent to two agri workers wages or if it makes more than £38 k pa.
Created by: Joph