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Agricultural Holdings Act 1986

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F18 Arbitration[F1or third party determination ] where terms of written agreement are inconsistent with the model clauses.E+W

(1)This section applies where an agreement in writing relating to a tenancy of an agricultural holding effects substantial modifications in the operation of regulations under section 7 above.

(2)Where this section applies, then, subject to subsection (6) below, the landlord or tenant of the holding may, if he has requested the other to vary the terms of the tenancy as to the maintenance, repair and insurance of fixed equipment so as to bring them into conformity with the model clauses but no agreement has been reached on the request, refer those terms of the tenancy to arbitration under this Act.

F2[(2A)Where the landlord or tenant has the right under subsection (2) above to refer the terms of the tenancy as to the maintenance, repair and insurance of fixed equipment to arbitration under this Act (or would have that right but for subsection (6) below), the landlord and tenant may instead refer those terms for third party determination under this Act.]

(3)On any reference under this section the arbitrator[F3or third party ] shall consider whether (disregarding the rent payable for the holding) the terms referred to arbitration[F4or (as the case may be) for third party determination] are justifiable having regard to the circumstances of the holding and of the landlord and the tenant, and, if he determines that they are not so justifiable, he may by his award[F5or determination ] vary them in such manner as appears to him reasonable and just between the landlord and tenant.

(4)Where it appears to the arbitrator[F6or third party] on any reference under this section that by reason of any provision included in his award[F7or (as the case may be) his determination] it is equitable that the rent of the holding should be varied, he may vary the rent accordingly.

(5)The award[F8or determination] of an arbitrator[F9or (as the case may be) the determination of a third party] under this section shall have effect as if the terms and provisions specified and made in the award were contained in an agreement in writing entered into by the landlord and the tenant and having effect (by way of variation of the agreement previously in force in respect of the tenancy) as from the making of the award[F8or determination] or, if the award[F8or determination] so provides, from such later date as may be specified in it.

(6)Where there has been a reference[F10to arbitration or third party determination ] under this section relating to a tenancy, no [F11subsequent reference to arbitration] relating to that tenancy shall be made before the expiry of three years from the coming into effect of the award of the arbitrator[F12or (as the case may be) the determination of the third party] on the previous reference.

Textual Amendments

F1Words in s. 8 inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(7)

F2S. 8(2A) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(2)

F3Words in s. 8(3) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(3)(a)

F4Words in s. 8(3) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(3)(b)

F5Words in s. 8(3) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(3)(c)

F6Words in s. 8(4) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(4)(a)

F7Words in s. 8(4) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(4)(b)

F8Words in s. 8(5) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(5)(b)

F9Words in s. 8(5) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(5)(a)

F10Words in s. 8(6) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(6)(a)

F11Words in s. 8(6) substituted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(6)(b)

F12Words in s. 8(6) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 5(6)(c)

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