Agricultural Holdings Act 1986

Provisions applicable to Case D E+W

10 (1) For the purposes of Case D— E+W

(a) a notice such as that mentioned in paragraph (a) or (b) of that Case must be in the prescribed form,

(b) where such a notice in the prescribed form requires the doing of any work of repair, maintenance or replacement, any further notice requiring the doing of any such work which is served on the tenant less than twelve months after the earlier notice shall be disregarded unless the earlier notice was withdrawn with his agreement in writing,

(c) a period of less than six months shall not be treated as a reasonable period within which to do any such work, and

(d) any provision such as is mentioned in paragraph 9(2) above shall (if it would not otherwise be so regarded) be regarded as a term or condition of the tenancy which is not inconsistent with the tenant’s responsibilities to farm in accordance with the rules of good husbandry.

(2) Different forms may be prescribed for the purpose of paragraph (b) of Case D in relation to different circumstances.

[F1 (3) For the purposes of that Case compliance with any obligation accepted by or imposed on the tenant under [F2 section 94 or 95 of the Water Resources Act 1991] shall not be capable of constituting a breach by the tenant of the terms or conditions of his tenancy.]

Textual Amendments

F1 Sch. 3 Pt. II paras.10(3), 11(3) inserted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 25 para. 75(b), Sch. 26 paras. 57(6), 58

F2 Sch. 3 Pt. II para. 10: words substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para.43