HL Deb 02 July 1984 vol 454 c87

24A Line 95, at end insert— (" (4) Where by virtue of paragraph 3 above any land is deemed to be occupied by each of two or more survivors of the deceased as a result of a direction entitling them to a joint tenancy of the land, the preceding provisions of this paragraph shall apply to each of the survivors as if the land were jointly occupied by him and the other survivor or survivors as joint tenants under that tenancy.")

24B* Line 110, at end insert—

("Deemed occupation in case of tenancy or licence granted by survivor, spouse or controlled company (5A.—(1) Where—

  1. (a) any agricultural land is occupied by any person under such a tenancy as is mentioned in paragraphs (a) to (d) of paragraph 2(1) above or as a licensee; and
  2. (b) that tenancy or licence was granted by a survivor of the deceased or a connected person (or both), being at the time it was granted a person or persons entitled to occupy the land otherwise than under a tenancy, or in a capacity, falling within paragraphs (a) to (f) of paragraph 2(1);
then, unless sub-paragraph (2) below applies, the survivor shall, for the purposes of the occupancy condition, be deemed to be in occupation of the whole of the land.

(2) Where the tenancy or licence referred to in sub-paragraph (1) above was ganted by the person or persons there referred to and one or more other persons who were at the time it was granted entitled to occupy the land as mentioned in paragraph (b) of that sub-paragraph, subparagraphs (2) and (3) of paragraph 4 above shall apply to the survivor as if the land were jointly occupied by him and the said other person or persons as holders of their respective interests for the time being in the land.

(3) In this paragraph "connected person", in relation to a survivor of the deceased, means—

  1. (a) the survivor's spouse; or
  2. (b) a body corporate controlled by the survivor;
and for the purposes of sub-paragraph (2) above and the provisions of paragraph 4 there mentioned any interest in the land for the time being held by a connected person by whom the tenancy or licence was granted shall be attributed to the survivor.")

Lord Belstead

I beg to move that this House doth agree with the Commons in their Amendment No. 24. I have already spoken to Amendments Nos. 24, 24A and 24B, and I beg formally to move.

Moved, That this House doth agree with the Commons in their Amendment No. 24, as amended by Amendments Nos. 24A and 24B (Lord Belstead)

On Question, Motion agreed to.