AHA 1986 succession Flashcards

1
Q

What date does AHA Tenancy apply to before and after dates

A

after 12 July 1984 and before 1 Septeber 1995

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2
Q

When must you apply to tribunal for death of tenant?

A

Within three months of the death of tenant

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3
Q

When must you give notice for retireemnt

A

One month from the day after notification is given by retirement

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4
Q

What date were the changes to succession and uner what act?

A

1 September 2024 under Agirculture Act 2020

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5
Q

What elements of the succession element have been scrapped

A

Comerical unit test

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6
Q

What are the two tests which have to be satisified?

A

suitability and eligbility test

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7
Q

What are the main parts of the eligibility test?

A

Close living relative test, pirncipal source of livelihood

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8
Q

What are the main part of the close living relative test

A

Close living relative of previous tenant: spouse, civil partner, child or person treated tenant’s child

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9
Q

What are the mains factors of the princiapl source livelihood test

A

They must show that they have derived their icncome or principsal source of livelihood from agricultural work on the holding in the last five of 7 (section 36 (3) (a) abd s50 (2) a

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10
Q

Waht elese is included in the AHA livelihood test

A

3 years can at college/universirt but the applicant does not have to have studied agriculure or agriculutre relating course

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11
Q

What has been abolished for retirement

A

outgoing tenant no longer to be over 65

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12
Q

What are the changes to the suitabilility test

A

They have to show they have sufficient training and experience, sufficiennt health, view of suitabilityfrom the labdlord, comercially to high standards of efficient production and care for teh environment. Thet must be able show that the tenancy was available on the open marke a prudent landlod would be willing to shortlis the tenancy

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13
Q

What is the schedule AHA tennacies is under for succession

A

Schedule 6

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14
Q

What is the timeline for notice if they object the application

A

within 28 days of receibing the notice

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15
Q

What notice should the landlord serve on the tenant and when should be serveed

A

just serve a section G notice within 3 months

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16
Q

What will they have to prove if they want to override the successful application

A

Should override the successful applicant must satisfy: good husbandary, sound estate management agricultural research/ education, greater hardship, land required for a non agricultural use, allotments. Must be fair and reasonable landlord would insist on posession

17
Q

What is the notice for retirment notice sucession and when must the successor apply to court

A

12 months
1 month after aplcaitionhas been put in