Agricultural Tenancies Act 1995 (c. 8)

Part IV E+W MISCELLANEOUS AND SUPPLEMENTAL

Resolution of disputes E+W

29 Cases where right to refer claim to arbitration under section 28 does not apply. E+W

(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.