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The Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015

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Landlord may contest liabilityE+W

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13.—(1) Subject to sub-paragraph (2), a landlord who wishes to contest liability to execute any repairs or replacements specified in a notice from the tenant under paragraph 12 must within one month of the service of that notice serve a counter-notice in writing upon the tenant specifying the grounds on which, and the items of repair or replacement in respect of which, liability is contested and requiring that the question of liability be determined by arbitration under the Act.

(2) Alternatively, the landlord and tenant may agree to refer the question of liability for third party determination.

(3) The operation of a notice given under paragraph 12(1)(a) is suspended upon—

(a)a counter-notice being served by the landlord on the tenant (to the extent of the items specified in the counter-notice); or

(b)the parties referring the question of liability for third party determination (to the extent of the items specified in the referral).

(4) The suspension operates under—

(a)sub-paragraph 3(a) until the date on which the arbitrator’s award is delivered to the tenant; and

(b)sub-paragraph 3(b) until the date on which the third party’s determination is delivered to the tenant.

Commencement Information

I1Sch. 1 para. 13 in force at 1.10.2015, see reg. 1(1)

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