Part II Provisions Affecting Tenancy During its Continuance

Miscellaneous

22 Rights to require certain records to be made.

(1)

At any time during the tenancy of an agricultural holding—

(a)

the landlord or the tenant may require the making of a record of the condition of the fixed equipment on the holding and of the general condition of the holding itself (including any parts not under cultivation), and

(b)

the tenant may require the making of a record of any fixtures or buildings which, under section 10 above, he is entitled to remove and of existing improvements executed by him or in respect of the execution of which he, with the written consent of the landlord, paid compensation to an outgoing tenant.

(2)

Any such record shall be made by a person appointed, F1by the landlord and tenant (“the parties”) or, in default of agreement between the parties, by a person appointed by a professional authority on the application of either of them; and any person appointed by a professional authority may, on production of evidence of his appointment, enter the holding at all reasonable times for the purpose of making any such record.

F2(2A)

A party may not make an application to a professional authority under subsection (2) in any case if the other party has already made an application to a professional authority under that subsection in that case.

(3)

The cost of making any such record shall, in default of agreement between the landlord and tenant, be borne by them in equal shares.

(4)

No application may be made to F3a professional authority for a person to be appointed by F4that authority under subsection (2) above unless the application is accompanied by such fee as may be prescribed as the fee for such an application.

(5)

Any instrument of appointment purporting to be made by F5a professional authority by virtue of subsection (2) above and to be signed by or on behalf of F6that authority shall be taken to be such an instrument unless the contrary is shown.

F7(6)

In this section “professional authority” has the same meaning as in section 84.