Agricultural tenancies—dispute resolution
Agricultural tenancies—dispute resolution

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

  • Agricultural tenancies—dispute resolution
  • Agricultural Holdings Act 1986
  • Agricultural Tenancies Act 1995

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

  2. the appropriate tribunal, and

  3. the court

Under the AHA 1986, certain disputes are compulsorily referred to either arbitration or the appropriate tribunal. Any contractual term to the contrary is of no effect. Choosing the wrong forum is fatal to the claim.

Arbitration

The majority of disputes must be referred to arbitration, including:

  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. determining the purchase price payable by the landlord for tenant’s fixtures or buildings under AHA 1986, s 10

  5. varying the rent

  6. determining a variation of the terms of the tenancy on the grant of a succession tenancy following retirement of the tenant under AHA 1986, s 55

  7. determining any challenge by the tenant to the validity of a notice to remedy or a notice to quit served under Cases A, B, D or E of AHA 1986, Sch 3