Part II Provisions Affecting Tenancy During its Continuance

Variation of rent

F412 Arbitration F4or third party determination of rent.

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 F5... F5determined in accordance with this section.

F61A

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.

F61A

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 F2or third party shall determine what rent should be properly payable in respect of the holding at the F1next termination date following the date of the F7...F7notice 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 F8... F8notice under subsection (1) shall cease to be effective for the purposes of this section on the next termination date following the date of F9... 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 F15... F15under section 84 for the appointment of an arbitrator.

4

References in this section (and in Schedule 2 to this Act) F11...F3, with respect to the rent of any holding, to the next termination date following the date of F12... F12a notice under subsection (1) are references to the next day following the date of F13... F13the notice on which the tenancy of the holding could have been determined by notice to quit given at the date of F14... F14the notice under subsection (1).

5

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