Part II Provisions Affecting Tenancy During its Continuance

Miscellaneous

19AF1Disputes relating to requests for landlord's consent or variation of terms

1

The appropriate authority may by regulations make provision for the tenant of an agricultural holding to refer for arbitration under this Act a request made by the tenant to the landlord where—

a

the request falls within subsection (3), and

b

no agreement has been reached with the landlord on the request.

2

The regulations may also provide that, where the tenant is given the right to refer a request to arbitration, the landlord and tenant may instead refer the request for third party determination under this Act.

3

A request falls within this subsection if—

a

it is a request for—

i

the landlord's consent to a matter which under the terms of the tenancy requires such consent, or

ii

a variation of the terms of the tenancy,

b

it is made for the purposes of—

i

enabling the tenant to request or apply for relevant financial assistance or relevant financial assistance of a description specified in the regulations, or

ii

complying with a statutory duty, or a statutory duty of a description specified in the regulations, applicable to the tenant, and

c

it meets such other conditions (if any) as may be specified in the regulations.

4

The regulations may provide for the arbitrator or third party on a reference made under the regulations, where the arbitrator or third party considers it reasonable and just (as between the landlord and tenant) to do so—

a

to order the landlord to comply with the request (either in full or to the extent specified in the award or determination);

b

to make any other award or determination permitted by the regulations.

5

The regulations may (among other things) make provision—

a

about conditions to be met before a reference may be made;

b

about matters which an arbitrator or third party is to take into account when considering a reference;

c

for regulating the conduct of arbitrations or third party determinations;

d

about the awards or determinations which may be made by the arbitrator or third party, which may include making an order for a variation in the rent of the holding or for the payment of compensation or costs;

e

about the time at which, or the conditions subject to which, an award or determination may be expressed to take effect;

f

for restricting a tenant's ability to make subsequent references to arbitration where a reference to arbitration or third party determination has already been made under the regulations in relation to the same tenancy.

6

The provision covered by subsection (5)(e) includes, in the case of a request made for the purpose described in subsection (3)(b)(i), conditions relating to the making of a successful application for assistance.

7

In this section—

  • “appropriate authority” means—

    1. a

      in relation to England, the Secretary of State, and

    2. b

      in relation to Wales, the Welsh Ministers;

  • “relevant financial assistance” means financial assistance under—

    1. a

      section 1 of the Agriculture Act 2020 (powers of Secretary of State to give financial assistance),

    2. b

      section 21 of, or paragraph 8 of Schedule 5 to, that Act (powers of Secretary of State and Welsh Ministers to give financial assistance in exceptional market conditions), or

    3. c

      a scheme of the sort mentioned in section 2(4) of that Act (third party schemes);

  • “statutory duty” means a duty imposed by or under—

    1. a

      an Act of Parliament;

    2. b

      an Act or Measure of Senedd Cymru;

    3. c

      retained direct EU legislation.