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Agricultural Holdings Act 1986

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60 Right to, and measure of, compensation for disturbance.E+W

(1)This section applies where the tenancy of an agricultural holding terminates by reason—

(a)of a notice to quit the holding given by the landlord, or

(b)of a counter-notice given by the tenant under section 32 above after the giving to him of such a notice to quit part of the holding as is mentioned in that section,

and the tenant quits the holding in consequence of the notice or counter-notice.

(2)Subject to section 61 below, where this section applies there shall be payable by the landlord to the tenant by way of compensation for disturbance—

(a)a sum computed under subsection (3) below (in this section referred to as “basic compensation”), and

(b)a sum computed under subsection (4) below (in this section referred to as “additional compensation”).

(3)The amount of basic compensation shall be—

(a)an amount equal to one year’s rent of the holding at the rate at which rent was payable immediately before the termination of the tenancy, or

(b)where the tenant has complied with the requirements of subsection (6) below, a greater amount equal to either the amount of the tenant’s actual loss or two years’ rent of the holding whichever is the smaller.

(4)The amount of additional compensation shall be an amount equal to four years’ rent of the holding at the rate at which rent was payable immediately before the termination of the tenancy of the holding.

(5)In subsection (3) above “the amount of the tenant’s actual loss” means the amount of the loss or expense directly attributable to the quitting of the holding which is unavoidably incurred by the tenant upon or in connection with the sale or removal of his household goods, implements of husbandry, fixtures, farm produce or farm stock on or used in connection with the holding, and includes any expenses reasonably incurred by him in the preparation of his claim for basic compensation (not being costs of an arbitration to determine any question arising under this section or section 61 below).

(6)The requirements of this subsection are—

(a)that the tenant has not less than one month before the termination of the tenancy given to the landlord notice in writing of his intention to make a claim for an amount under subsection (3)(b) above, and

(b)that the tenant has, before their sale, given to the landlord a reasonable opportunity of making a valuation of any such goods, implements, fixtures, produce or stock as are mentioned in subsection (5) above.

(7)Compensation payable under this section shall be in addition to any compensation to which the tenant may be entitled apart from this section.

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