Agricultural tenancies—dispute resolution
Agricultural tenancies—dispute resolution

The following Property practice note provides comprehensive and up to date legal information covering:

  • Agricultural tenancies—dispute resolution
  • Agricultural Holdings Act 1986
  • Arbitration or third party determination
  • Statutory arbitration or third party determination
  • The appropriate tribunal
  • The court
  • Agricultural Tenancies Act 1995

Agricultural tenancies—dispute resolution

Agricultural Holdings Act 1986

The Agricultural Holdings Act 1986 (AHA 1986) provides three different forums for the resolution of disputes in relation to tenancies that fall within the Act:

  1. arbitration or third party determination

  2. the ‘appropriate tribunal’, and

  3. the court

Under the AHA 1986, certain disputes are compulsorily referred either to arbitration or to the appropriate tribunal. Any contractual term to the contrary is of no effect. Choosing the wrong forum is fatal to the claim (but choosing the wrong party is not: see Adams).

Arbitration or third party determination

Any dispute between the landlord and the tenant of an agricultural holding (to which the AHA 1986 applies) arising:

  1. under the AHA 1986 or any custom or agreement, or

  2. on or out of the termination of the tenancy of the holding or part of it

must be determined by arbitration or by a third party under the AHA 1986.

Statutory arbitration or third party determination

A number of disputes which arise during the currency of the tenancy must be referred to arbitration (or, in some instances, third party determination) under the AHA 1986. These include:

  1. determining whether AHA 1986, s 2 operates to convert a licence into a tenancy

  2. settling the terms of a written tenancy agreement

  3. varying or modifying the model clauses in relation to the maintenance, repair and insurance of fixed equipment

  4. the amount of any

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