Commentary

211 Measure of ‘basic compensation’

AGRICULTURAL TENANCIES vol 2(1)
| Commentary

211 Measure of ‘basic compensation’

| Commentary

211 Measure of ‘basic compensation’

Where the tenant becomes entitled to compensation for disturbance, the amount of ‘basic compensation1’ is either:

  1. 211.1

        one year’s rent2; or

  2. 211.2

        two years’ rent3 or (if less) the amount of the tenant’s actual loss4.

Although any dispute arising between landlord and tenant on such a claim or with regard to a notice under Cases C, D, E, F, or G must be determined by the arbitration of a single arbitrator5, the costs of any such arbitration cannot be included as part of the claim for ‘actual loss’6.

The tenant is entitled without proof of loss

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