Agricultural Holdings Act tenancy succession: the rules and procedure

Some Agricultural Holdings Act tenancies (or “AHA ’86 tenancies” as they’re sometimes known as) are able to be succeeded by a family member of the tenant twice, on either the death or retirement of the named tenant.

The main function of succession rights is to protect someone who relies on the holding for their livelihood.

Tenancy succession is not automatic and is subject to specific legal procedures.

This guide explains:

• Which AHA ‘86 tenancies are capable of succession;

• How an applicant qualifies for succession; and

• The procedure for applying for succession.

The tenancy succession rules and procedures are complicated and making a mistake or missing a deadline could result in any application being denied. It is therefore strongly recommended that you seek the help of an experienced land agent or solicitor when making a succession application.

This guide explains the law on tenancy successions prior to 1 September 2024. If a tenant dies or a Retirement Notice is served on or after 1 September 2024, then new rules will apply in England (position is to be confirmed in Wales). See “what will the position be after 1 September 2024” below for more information.