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PART II
FORMS OF APPLICATION AND REPLY
Application by eligible person or by person wishing to be treated as eligible
person
3. (1)
An application to the tribunal under section 20 of the 1976 Act for a direction
entitling the applicant to a tenancy of an agricultural holding shall be made
in Form 1.
(2)
An application to the tribunal under section 21 of the 1976 Act for a determination
that the applicant is to be treated as an eligible person shall be made in Form
1 and if the applicant also makes an application under section 20 of that Act,
both applications shall be made at the same time and in the same Form.
(3)
An application made under this rule shall not be entertained by the tribunal
if it is not made within the relevant period.
Landlord's application for consent to operation of notice to quit
4. (1) An application by the landlord under section 22 of the 1976 Act for the tribunal's
consent to the operation of a notice to quit shall be in Form 2 and, subject
to paragraphs (3) and (4), may be made at any time after the landlord receives
notice of an application under rule 3(1).
(2)
Where the landlord bases his application under section 22 of the 1976 Act on
the ground of hardship to a person or persons other than himself, he shall give
particulars in his application of that person or those persons and of the hardship
on which he relies.
(3)
Where, at the expiry of the relevant period, only one application under rule
3(1) in respect of the holding is pending, any application by the landlord shall
be made within four months after a copy of the application under rule 3(1) is
served on him.
(4)
Where, at the expiry of the relevant period, more than one application under
rule 3(1) in respect of the holding is pending, any application by the landlord
shall be made -
(a) |
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within four months after a copy of the first application under rule 3(1) is
served on him, or |
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(b) |
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within one month after the date on which the number of applications under rule
3(1) which are pending is reduced to one or within one month after such earlier
date as the tribunal may direct, |
whichever of those periods expires last.
(5)
The secretary shall forthwith inform the landlord of the start of any period
of four months under paragraph (3) or paragraph (4) and any period of one month
under paragraph (4).
Notice of application
5. (1) An applicant shall at the time of making his application serve notice of the
application in Form 3 on the landlord and on any person who, to the knowledge
of the applicant, has made or may be able to make an application under rule
3(1), and shall inform the tribunal in his application of the name and address
of every person to be notified by him.
(2)
The applicant shall also inform the tribunal in his application of the name
and address of -
(a) |
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the personal representatives of the deceased, or, if a grant of probate or of
letters of administration has not been made, any person who appears to be responsible
for the management of the holding on behalf of the deceased's estate; |
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(b) |
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any other person who to the knowledge of the applicant may be interested in
the outcome of the application. |
and in each case shall give the tribunal an indication of the nature
of that person's interest in the outcome of the application.
Landlord's reply
6. A landlord who intends to oppose the whole or any part of an application under
rule 3(1) shall, within one month after a copy of the application has been served
on him, reply thereto in Form 1R (which is the form appended to the copy of
the application served on him).
Applicant's reply to landlord's application
7. An applicant who intends to oppose an application to the tribunal under rule
4 shall, within one month after a copy of the application has been served on
him, reply thereto in Form 2R (which is the form appended to the copy of the
application served on him).
Applicant's reply to other applications under rule 3(1)
8. (1)
An applicant who intends to oppose any application under rule 3(1) by any other
person shall, within one month after the expiry of the relevant period, reply
to that application in Form 4.
(2)
Any request by two, three or four applicants for the consent of the landlord
to a direction entitling them to a joint tenancy of the holding under section
20(9) of the 1976 Act may be made in the reply of each of them under this rule.
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