Agricultural Holdings Act 1986

F1 12 Arbitration [F1 or third party determination] of rent. E+W

(1) Subject to the provisions of Schedule 2 to this Act, the landlord or tenant of an agricultural holding may by notice in writing served on the other demand that the rent to be payable in respect of the holding as from the next termination date shall be F2 ... [F2 determined in accordance with this section].

[F3 (1A) The landlord and tenant may instead refer for third party determination under this Act the question of how much rent is to be payable in respect of the holding as from the next termination date.]

[F3 (1A) Where a notice under subsection (1) is served, the question of how much rent is to be payable in respect of the holding as from the next termination date—

(a) may be required by the landlord or tenant to be determined by arbitration under this Act (see section 84), or

(b) may be referred by the landlord and tenant for third party determination under this Act (see section 84A).]

(2) On a reference under this section the arbitrator [F4 or third party] shall determine what rent should be properly payable in respect of the holding at the [F5 next termination date following the date of the F6 ... [F6 notice under subsection (1)] and accordingly shall, with effect from that next termination date], increase or reduce the rent previously payable or direct that it shall continue unchanged.

(3) A F7 ... [F7 notice under subsection (1)] shall cease to be effective for the purposes of this section on the next termination date following the date of F8 ... [F8 the notice] unless before the said termination date—

(a) an arbitrator [F9 or third party] has been appointed by agreement between the parties, or

(b) an application has been made F10 ... [F10 under section 84 for the appointment of an arbitrator].

(4) References in this section (and in Schedule 2 to this Act) F11 ...[F12 ,] with respect to the rent of any holding, to the next termination date following the date of F13 ... [F13 a notice under subsection (1)] are references to the next day following the date of F14 ... [F14 the notice] on which the tenancy of the holding could have been determined by notice to quit given at the date of F15 ... [F15 the notice under subsection (1)].

(5) Schedule 2 to this Act shall have effect for supplementing this section.

Textual Amendments

F1 Words in s. 12 inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 8(5)

F2 Words in s. 12(1) 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. 2(2)

F3 S. 12(1A) 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. 2(3)

F4 Words in s. 12(2) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 8(3)(a)

F5 Words in s. 12(2) substituted (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 3 (with art. 10)

F6 Words in s. 12(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. 2(4)

F7 Words in s. 12(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. 2(5)(a)

F8 Words in s. 12(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. 2(5)(b)

F9 Words in s. 12(3)(a) 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. 2(5)(c)

F10 Words in s. 12(3)(b) 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. 4

F11 Words in s. 12(4) omitted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 2(6)(a)

F12 Words in s. 12(4) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 8(4)(a)

F13 Words in s. 12(4) 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. 2(6)(b)

F14 Words in s. 12(4) 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. 2(6)(c)

F15 Words in s. 12(4) 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. 2(6)(d)