The Agricultural Holdings (Arbitration on Notices) Order 1987

Explanatory Note

(This note is not part of the Order)

This Order consolidates with an amendment the Agricultural Holdings (Arbitration on Notices) Order 1978, as varied (“the 1978 Order”). In particular, the Order brings up to date references in the 1978 Order to statutory provisions which have been consolidated by the Agricultural Holdings Act 1986 (“The 1986 Act”).

The Order makes detailed provision in relation to the reference to arbitration under the 1986 Act of questions arising under—

(a) a notice served on the tenant of an agricultural holding for the purposes of Case D in Part I of Schedule 3 to the 1986 Act requiring him to remedy a breach of a term or condition of his tenancy by doing any work of repair, maintenance or replacement (articles 3 to 8);

(b) a notice to quit given for one or more of the reasons specified in Case A, B, D or E in the said Part I (articles 9 to 17).

The Order contains an amendment in relation to the three months' time-limit after service of a notice requiring arbitration on a notice to quit within which an arbitrator must be appointed or application must be made under the 1986 Act for such an appointment if the notice requiring arbitration is not to cease to be effective. The Order now specifically provides that an application by either the landlord or the tenant within the three months' time-limit will preserve the effectiveness of such a notice (article 10).