(1)Subject to subsections (4) and (5) below and to section 29 of this Act, any dispute between the landlord and the tenant under a farm business tenancy, being a dispute concerning their rights and obligations under this Act, under the terms of the tenancy or under any custom, shall be determined by arbitration.
(2)Where such a dispute has arisen, the landlord or the tenant may give notice in writing to the other specifying the dispute and stating that, unless before the end of the period of two months beginning with the day on which the notice is given the parties have appointed an arbitrator by agreement, he proposes to apply to [F1a professional authority for the appointment of an arbitrator by that authority].
(3)Where a notice has been given under subsection (2) above, but no arbitrator has been appointed by agreement, either party may, after the end of the period of two months referred to in that subsection, apply to [F2a professional authority for the appointment of an arbitrator by that authority].
[F3(3A)A party may not make an application to a professional authority under subsection (3) above in relation to a dispute if the other party has already made an application to a professional authority under that subsection in relation to that dispute.]
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Subsections (1) to (3) above do not apply in relation to—
(a)the determination of rent in pursuance of a statutory review notice (as defined in section 10(1) of this Act),
(b)any case falling within section 19(1) of this Act, F5...
(c)any claim for compensation under Part III of this Act [F6, or
(d)any dispute relating to rent review, in any case where Part II of this Act is excluded by virtue of section 9(c)(ii) of this Act.]
Textual Amendments
F1Words in s. 28(2) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 26(2)
F2Words in s. 28(3) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 26(3)
F3S. 28(3A) inserted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 26(4)
F4S. 28(4) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3.
F5Word in s. 28(5)(b) repealed (19.10.2006) by Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), arts. 1(1)(b), 14(2)(a), Sch. 2 (with arts. 10, 14(3))
F6S. 28(5)(d) and word inserted (19.10.2006) by Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), arts. 1(1)(b), 14(2)(b) (with arts. 10, 14(3))
(1)Section 28 of this Act does not apply in relation to any dispute if—
(a)the tenancy is created by an instrument which includes provision for disputes to be resolved by any person other than—
(i)the landlord or the tenant, or
(ii)a third party appointed by either of them without the consent or concurrence of the other, and
(b)either of the following has occurred—
(i)the landlord and the tenant have jointly referred the dispute to the third party under the provision, or
(ii)the landlord or the tenant has referred the dispute to the third party under the provision and notified the other in writing of the making of the reference, the period of four weeks beginning with the date on which the other was so notified has expired and the other has not given a notice under section 28(2) of this Act in relation to the dispute before the end of that period.
(2)For the purposes of subsection (1) above, a term of the tenancy does not provide for disputes to be “resolved” by any person unless that person (whether or not acting as arbitrator) is enabled under the terms of the tenancy to give a decision which is binding in law on both parties.
(1)Any matter which is required to be determined by arbitration under this Act shall be determined by the arbitration of a sole arbitrator.
(2)Any application under this Act to [F7a professional authority] for the appointment of an arbitrator [F8by that authority] must be made in writing and must be accompanied by such reasonable fee [F9as that authority] may determine in respect of the costs of making the appointment.
(3)Where an arbitrator appointed [F10by a professional authority] for the purposes of this Act dies or is incapable of acting and no new arbitrator has been appointed by agreement, either party may apply to [F11that authority] for the appointment of a new arbitrator [F12by that authority].
Textual Amendments
F7Words in s. 30(2) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 27(2)(a)
F8Words in s. 30(2) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 27(2)(b)
F9Words in s. 30(2) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 27(2)(c)
F10Words in s. 30(3) inserted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 27(3)(a)
F11Words in s. 30(3) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 27(3)(b)
F12Words in s. 30(3) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 27(3)(c)