{
  "url": "https://openlegislation.uk/agricultural-holdings-act-1986/section-35",
  "json_url": "https://openlegislation.uk/agricultural-holdings-act-1986/section-35.json",
  "legislation": "ukpga/1986/5",
  "legislation_title": "Agricultural Holdings Act 1986",
  "legislation_url": "https://openlegislation.uk/agricultural-holdings-act-1986",
  "path": "section/35",
  "kind": "section",
  "number": "35",
  "heading": "Application of sections 36 to 48.",
  "text": "(1) Sections 36 to 48 below (except sections 40(5), 42 and 45(8) which are of general application) shall apply where—\n(a) an agricultural holding is held under a tenancy which falls within paragraph (a) or (b) of section 34(1) above, and\n(b) the sole (or sole surviving) tenant (within the meaning of that section) dies and is survived by a close relative of his.\n(2) In sections 36 to 48 below ...—\n“close relative” of a deceased tenant means—\n(a)the wife , husband or civil partner of the deceased;\n(b)a brother or sister of the deceased;\n(c)a child of the deceased;\n(d)any person (not within (b) or (c) above) who, in the case of any marriage or civil partnership to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage or civil partnership;\n“the date of death” means the date of the death of the deceased;\n“the deceased” means the deceased tenant of the holding;\n“the holding” (except where the context otherwise requires) means the agricultural holding mentioned in subsection (1) above;\n“related holding” means, in relation to the holding, any agricultural holding comprising the whole or a substantial part of the land comprised in the holding;\n“the tenancy” means the tenancy of the holding.\n(3) Where this Act applies in relation to a tenancy by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in subsection (2) above (in the definition of related holding) to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 35(2) omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 10; S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 35(2): words in definition of \"close relative\" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 36(2); S.I. 2005/3175, {art. 2(1), Sch. 1}"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 35(2): words in definition of \"close relative\" inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 36(3); S.I. 2005/3175, {art. 2(1), Sch. 1}"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "S. 35(3) inserted (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 4(2) (with art. 10)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1986/5/section/35",
    "retrieved_at": "2026-10-29T09:59:34.910760+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}