The Agricultural Land Tribunals (Rules) Order 2007

PART 6 Specific applications

Consent to operation of notice to quit

39.  An application for the Tribunal’s consent to the operation of a notice to quit under section 26(1) or 28(2) of the 1986 Act which is made by the landlord after service upon him by the tenant of a counter-notice must be made within one month of the service of the counter-notice.

Succession on death or retirement

40.—(1) This rule applies to an application made under section 39 or section 53 of the 1986 Act.

(2) Before making such an application, the applicant must deliver a notice in writing of his intention to do so to all interested parties.

(3) The applicant must include in his application, in addition to the information required by rule 2(2), confirmation that he has notified the interested parties.

(4) In the case of proceedings under section 39 of the 1986 Act, an applicant who opposes or intends to oppose any other application under that section may include in his own application, or in a separate reply, the following information, in addition to the information required by rule 2(2)—

(a) reasons why he opposes or intends to oppose that other application;

(b) a statement indicating whether he disputes that applicant’s claim to be a designated applicant and, if so, why;

(c) a claim to be a more suitable applicant than any other;

(d) a statement that he has agreed with one or more other applicants to request the landlord’s consent to a direction entitling them to a joint tenancy of the holding.

(5) If any person entitled to make an application under section 39 of the 1986 Act supplies the information under paragraph (4), he may present evidence and make representations to the Tribunal that he is more suitable to be a tenant than any other applicant.

(6) If the landlord does not reply to an application under section 39 or 53 of the 1986 Act within the time allowed by rule 4(3), he is not entitled to dispute any matter alleged in the application form but—

(a) in the case of an application under section 39 or 53, the landlord is entitled to give his views on the suitability of the applicant; and

(b) in the case of an application under section 39, the landlord may where appropriate make an application under section 44 of the 1986 Act for consent to the operation of a notice to quit.

Applications under sections 44, 46 or 55 of the 1986 Act

41.—(1) Where, at the expiry of the period specified in section 39(1) of the 1986 Act, only one application under that section in respect of the holding has been made, any application by the landlord under section 44(1) of that Act must be made before the expiry of one month after the end of that period or, if later, one month after a copy of the application under section 39 is delivered to him.

(2) Where at the expiry of that period more than one application under section 39 of the 1986 Act has been made, any application by the landlord under section 44(1) of that Act must be made before the expiry of one month after notice is delivered to him by the Secretary that the number of applications under section 39 of the 1986 Act is reduced to one or such earlier date as the Chairman directs.

(3) Any application under section 44(6), section 46(2)(a) or section 55(8)(a) of the 1986 Act must be made in writing to the Secretary before the hearing, or orally at the hearing.

Procedure at hearing in case of multiple applicants where designation is claimed

42.—(1) In the case of proceedings under section 39 of the 1986 Act, the Tribunal must (in such order as the Tribunal considers appropriate) consider and determine the validity of each applicant’s claim, if any, to be a designated applicant, giving all other parties and all other applicants for succession the opportunity to be heard.

(2) If the Tribunal determines that any such claim is valid, the Tribunal must then hear that applicant’s application as if that applicant were the only applicant and, if the Tribunal determines that the applicant is a suitable person to become the tenant of the holding, the Tribunal must dismiss all other applications under section 39(1) of the 1986 Act in respect of the same holding.

(3) If the Tribunal determines that the designated applicant is not a suitable person to become a tenant of the holding, the Tribunal must dismiss his application.

Multiple applications under the 1986 Act where there is no designated applicant

43.—(1) The Tribunal must, subject to any direction by the Chairman, consider any question of eligibility or suitability by applying the 1986 Act in the following order—

(a) any question arising under section 41(3) of the 1986 Act (treatment as eligible person);

(b) any question of eligibility under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;

(c) any question of suitability under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;

(d) any exercise of discretion under section 39(9) of the 1986 Act (direction for joint tenancy);

(e) any question of relative suitability under section 39(6) of the 1986 Act;

(f) any question arising under section 39(10) of the 1986 Act (tenancy of part of holding);

(g) any question arising under section 44 of the 1986 Act (consent to operation of notice to quit).

(2) Before giving a direction under section 39(9) of the 1986 Act, the Tribunal must—

(a) ask the landlord if he consents to the giving of a direction; and

(b) consider any representations made by other suitable applicants.

(3) The landlord will be deemed not to consent under section 39(9) of the 1986 Act if he does not respond to the Secretary within the period specified by the Chairman.

(4) Before giving a direction under section 39(10) of the 1986 Act, the Tribunal must ask each applicant whether he agrees.

Applications under section 67 of the 1986 Act

44.  The period prescribed by these Rules within which a landlord may serve a notice under section 67(5) of the 1986 Act that he proposes himself to carry out an improvement is one month from the date on which notice in writing of the Tribunal’s approval of the carrying out of the improvement is delivered to him.

Applications under the Land Drainage Act 1991

45.—(1) On receipt of an application in a drainage case, the Secretary must request the Secretary of State or the Welsh Ministers, as the case may be, to provide the Tribunal with a report on the matters to which the application relates.

(2) A report made under this rule may make recommendations to the Tribunal regarding the application.

(3) The reply delivered under rule 4 may state the respondent’s position pending receipt of the report from the official expert and the applicant’s comments on the recommendations in that report.

(4) On receipt of the report, the Secretary must deliver a copy to every party.

(5) The applicant must, within one month of delivery of a copy of the report to him, deliver to the Secretary written comments on the report (with copies for all other parties and the official expert), including in particular whether, and if so, why they dispute any of the facts or recommendations.

(6) The Secretary must deliver to the respondent a copy of the applicant’s comments and request written comments from the respondent within one month including whether, and if so, why they dispute any of the facts or recommendations.

(7) At the expiry of the one month period referred to in the preceding paragraph, the Secretary must deliver to each party a copy of comments received from every other party.

(8) Each party has a further month from the date of receipt of copies of the comments to write to the Secretary supplementing their original comments and paragraph (7) applies as to delivery of any supplementary comments received by the Secretary.

(9) A report under this rule is prima facie evidence of the facts to which it refers.

(10) Where a report under this rule recommends that an order be made, the Tribunal may make such an order without a hearing if the following conditions are met—

(a) the report recommends that a specified party to the proceedings should be required or authorised to carry out any work or authorised to enter any land;

(b) that person has notified the Secretary of his acceptance of the recommendation; and

(c) every other party has—

(i) notified the Secretary of his acceptance of the recommendation;

(ii) failed to reply to the application within the time allowed; or

(iii) withdrawn their reply.

(11) The Tribunal may, after giving all parties an opportunity to be heard, vary an order made following a decision in a land drainage case, whether as to the time within which any work is to be carried out or otherwise.

(12) An application for such a variation must set out the variation sought and the reasons for the application.

(13) For the purposes of an application under the 1991 Act, the interested parties include the owner and occupier of any land which may be entered or on which any work may be done in pursuance of the proposed order or which could be adversely affected in consequence of the proposed work or improvement.

(14) Where an application is made under section 28 but not section 30 of the 1991 Act the Chairman may direct that the application is to be treated as if it had been made under section 30 for the same or substantially the same work.