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 reflects the changes to the eligibility and suitability tests introduced on 1 September 2024 but it should be noted that the “old rules” will apply in full to all applications in advance of that date.