36 Right of any eligible person to apply for new tenancy on death of tenant

36  Right of any eligible person to apply for new tenancy on death of tenant

(1)     Any eligible person may apply under section 39 below to the Tribunal for a direction entitling him to a tenancy of the holding unless excluded by subsection (2) or section 37 or 38 below.

(2)     Subsection (1) above (and section 41 below) shall not apply if on the date of death the holding was held by the deceased under—

(a)     a tenancy for a fixed term of years of which more than twenty-seven months remained unexpired, or

(b)     a tenancy for a fixed term of more than one but less than two years.

(3)     For

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