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Agricultural Tenancies Act 1995

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This is the original version (as it was originally enacted).

28Resolution of disputes

(1)Subject to subsections (4) and (5) below and to section 29 of this Act, any dispute between the landlord and the tenant under a farm business tenancy, being a dispute concerning their rights and obligations under this Act, under the terms of the tenancy or under any custom, shall be determined by arbitration.

(2)Where such a dispute has arisen, the landlord or the tenant may give notice in writing to the other specifying the dispute and stating that, unless before the end of the period of two months beginning with the day on which the notice is given the parties have appointed an arbitrator by agreement, he proposes to apply to the President of the RICS for the appointment of an arbitrator by him.

(3)Where a notice has been given under subsection (2) above, but no arbitrator has been appointed by agreement, either party may, after the end of the period of two months referred to in that subsection, apply to the President of the RICS for the appointment of an arbitrator by him.

(4)Subsection (1) above does not affect the jurisdiction of the courts, except to the extent provided by section 4(1) of the [1950 c. 27.] Arbitration Act 1950 (staying of court proceedings where there is submission to arbitration), as applied to statutory arbitrations by section 31 of that Act.

(5)Subsections (1) to (3) above do not apply in relation to—

(a)the determination of rent in pursuance of a statutory review notice (as defined in section 10(1) of this Act),

(b)any case falling within section 19(1) of this Act, or

(c)any claim for compensation under Part III of this Act.

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