The Agricultural Holdings (Arbitration on Notices) Order 1987

Extension by arbitrator

14.  Where—

(a) notice to quit is stated to be given by reason of the tenant’s failure to remedy a breach of any term or condition of his tenancy—

(i) within the time specified in a notice to remedy, or

(ii) within that time as extended by the landlord, or in pursuance of article 6 or of this article, and

(b) it appears to the arbitrator on an arbitration under article 9 that, notwithstanding that the time originally specified or extended was reasonable, it would, in consequence of anything happening before the expiration of that time, have been unreasonable to require the tenant to remedy the breach within that time,

the arbitrator may treat the time as having been extended, or further extended, and may make his award as if the time had not expired; and where the breach has not been remedied at the date of the award, the arbitrator may extend the time by such period as he considers reasonable, having regard to the length of time which has elapsed since the service of the notice to remedy.