Part IIE+W Provisions Affecting Tenancy During its Continuance

Variation of rentE+W

12 Arbitration 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 referred to arbitration under this Act.

(2)On a reference under this section the arbitrator shall determine what rent should be properly payable in respect of the holding at the date of the reference and accordingly shall, with effect from the next termination date following the date of the demand for arbitration, increase or reduce the rent previously payable or direct that it shall continue unchanged.

(3)A demand for arbitration under this section shall cease to be effective for the purposes of this section on the next termination date following the date of the demand unless before the said termination date—

(a)an arbitrator has been appointed by agreement between the parties, or

(b)an application has been made to the President of the Royal Institute of Chartered Surveyors for the appointment of an arbitrator by him.

(4)References in this section (and in Schedule 2 to this Act) in relation to a demand for arbitration with respect to the rent of any holding, to the next termination date following the date of the demand are references to the next day following the date of the demand on which the tenancy of the holding could have been determined by notice to quit given at the date of the demand.

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