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Agricultural Holdings Act 1986
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Changes over time for: Section 12
Version Superseded: 11/01/2021
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F112 Arbitration [F1or 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 [F2referred to arbitration under this Act] [F2determined 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 [F4or third party] shall determine what rent should be properly payable in respect of the holding at the [F5next termination date following the date of the [F6demand for arbitration [F7or (as the case may be) the reference for third party determination]] [F6notice 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 [F8demand for arbitration under this section] [F8notice under subsection (1)] shall cease to be effective for the purposes of this section on the next termination date following the date of [F9the demand] [F9the notice] unless before the said termination date—
(a)an arbitrator [F10or third party] has been appointed by agreement between the parties, or
(b)an application has been made [F11to the President of the Royal Institute of Chartered Surveyors for the appointment of an arbitrator by him] [F11under section 84 for the appointment of an arbitrator].
(4)References in this section (and in Schedule 2 to this Act) [F12in relation to a demand for arbitration [F13, or reference for third party determination],] with respect to the rent of any holding, to the next termination date following the date of [F14the demand [F15or reference]] [F14a notice under subsection (1)] are references to the next day following the date of [F16the demand [F15or reference]] [F16the notice] on which the tenancy of the holding could have been determined by notice to quit given at the date of [F17the demand [F15or reference]] [F17the notice under subsection (1)].
(5)Schedule 2 to this Act shall have effect for supplementing this section.
Textual Amendments
F1Words 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)
F2Words in s. 12(1) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(2)
F3S. 12(1A) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(3)
F4Words 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)
F5Words 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)
F6Words in s. 12(2) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(4)
F7Words 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)(b)
F8Words in s. 12(3) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(5)(a)
F9Words in s. 12(3) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(5)(b)
F10Words in s. 12(3)(a) inserted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(5)(c)
F11Words in s. 12(3)(b) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 4
F12Words in s. 12(4) omitted (11.11.2020 for specified purposes) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(6)(a)
F13Words 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)
F14Words in s. 12(4) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(6)(b)
F15Words 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)(b)
F16Words in s. 12(4) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(6)(c)
F17Words in s. 12(4) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 2(6)(d)
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