The following Property guidance note provides comprehensive and up to date legal information covering:
Where the tenant quits all or part of a holding to which the Agricultural Holdings Act 1986 (AHA 1986) applies, the landlord may claim compensation for any disrepair, dilapidation or damage to any particular part or parts of the holding caused by the tenant’s failure to comply with the rules of good husbandry.
The right to seek compensation once the tenant has quit the holding is independent of the landlord’s other rights which may arise during the term as a result of the tenant’s breach of repairing obligations, namely the right to claim damages, the right to forfeit, or the right to serve a notice to quit based on either:
a certificate of bad husbandry, or
the tenant’s failure to comply with a notice to remedy
Neither ‘dilapidation’ nor ‘deterioration’ is defined by the AHA 1986. However, ‘dilapidation’ is generally regarded as encompassing any state of disrepair to buildings, fences, gates, drains and the like, whereas ‘deterioration’ would relate, eg, to a deterioration in the quality of soil or pasture as the result of a failure to fertilise the land sufficiently.
Compensation at the end of the tenancy may be claimed either:
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