- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more
13.—(1) If at any time and from time to time the landlord or the tenant shall be of opinion that any item of fixed equipment is, or before the same was damaged or destroyed by fire was, redundant to the farming of the holding, the landlord or the tenant may by giving two months' notice in writing to the other of them require that the question whether such item of fixed equipment is, or before such damage or destruction was, so redundant shall be determined, in default of agreement, by arbitration under the Act, and if the arbitrator shall award that the said item of fixed equipment is, or before such damage or destruction by fire was, redundant to the farming of the holding then, as from the date of such award, paragraph 14(1) shall apply to that item and both the landlord and the tenant shall be relieved from all liability in respect of any antecedent breach of any obligation to maintain, repair or replace the item of fixed equipment so awarded to be redundant and the landlord shall be entitled to demolish and remove such item of fixed equipment and to enter upon the holding for those purposes.
(2) In any arbitration to which sub-paragraph (1) of this paragraph applies, no item of fixed equipment shall be determined to be, or to have been before damage or destruction by fire, as the case may be, redundant to the farming of the holding, unless the arbitrator shall be satisfied that the repair or replacement of such item is or, as the case may be, was, not reasonably required having regard to—
(a)(i)the landlord's responsibilities to manage the holding in accordance with the rules of good estate management; and
(ii)the period for which the holding may reasonably be expected to remain a separate holding; and
(b)the character and situation of the holding and the average requirements of a tenant reasonably skilled in husbandry.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: