Commentary

56 The arbitrator’s powers

AGRICULTURAL TENANCIES vol 2(1)

56 The arbitrator’s powers

56 The arbitrator’s powers

  1. 56.1

        The arbitrator may determine whether it is reasonable for the tenant to provide the proposed improvement ‘having regard to the terms of the tenancy and any other relevant circumstances (including the circumstances of the tenant and the landlord)’1. This may include their financial and personal circumstances. Thus, for example, the ability of the landlord to pay the compensation, the landlord’s proposed use of the holding after the expiration of the farm business tenancy and the specialist nature of the improvement are, presumably, all relevant considerations.

  2. 56.2

        The arbitrator may approve unconditionally the

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