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Part IIE+W Provisions Affecting Tenancy During its Continuance

MiscellaneousE+W

22 Rights to require certain records to be made.E+W

(1)At any time during the tenancy of an agricultural holding—

(a)the landlord or the tenant may require the making of a record of the condition of the fixed equipment on the holding and of the general condition of the holding itself (including any parts not under cultivation), and

(b)the tenant may require the making of a record of any fixtures or buildings which, under section 10 above, he is entitled to remove and of existing improvements executed by him or in respect of the execution of which he, with the written consent of the landlord, paid compensation to an outgoing tenant.

(2)Any such record shall be made by a person appointed, in default of agreement between the landlord and tenant, by the President of the Royal Institution of Chartered Surveyors (referred to in this section as “the President”); and any person so appointed may, on production of evidence of his appointment, enter the holding at all reasonable times for the purpose of making any such record.

(3)The cost of making any such record shall, in default of agreement between the landlord and tenant, be borne by them in equal shares.

(4)No application may be made to the President for a person to be appointed by him under subsection (2) above unless the application is accompanied by such fee as may be prescribed as the fee for such an application.

(5)Any instrument of appointment purporting to be made by the President by virtue of subsection (2) above and to be signed by or on behalf of the President shall be taken to be such an instrument unless the contrary is shown.

Modifications etc. (not altering text)

C1S. 22(2) amended (1.3.1996) by S.I. 1996/337, art. 2(a).