The Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015 No. 950

Prospective

SCHEDULE 1 E+W Maintenance, repair and insurance of the fixed equipment of an agricultural holding

PART 2 E+W Rights and liabilities of tenant

Repairs and replacements E+W

9.—(1) The tenant must repair and leave clean and in good tenantable repair, order and condition the farmhouse, cottages and farm buildings together with the following (which are in or upon the holding, or which during the tenancy may be erected or provided upon the holding)—

(a) fixtures and fittings;

(b) space heating and water heating systems (including the repair of any boiler but not its replacement), ranges, grates;

(c) drains, sewers, gulleys and grease traps;

(d) manholes and inspection chambers;

(e) water supply systems and fittings situated above ground (including pipes, tanks, cisterns, sanitary fittings and drinking troughs), pumping equipment, and hydraulic rams whether above or below ground;

(f) fences, hedges, field walls, stiles, cattle grids, gates and posts, and garden and yard doors;

(g) bridges, culverts, ponds, watercourses, sluices and ditches;

(h) roads and yards;

(i) fixed equipment generating electricity, heat or power (including solar panels, heat pumps, wind turbines and anaerobic digesters) which is wholly for the use or benefit of the tenant;

(j) vehicle fuel and oil tanks;

(k) radon pumps;

(l) insulation on water pipes; and

(m) livestock handling systems and sheep dips.

(2) The tenant must repair or replace and leave in good tenantable repair, order and condition the following—

(a) door and window furniture including sashcords, locks and fastenings, glass and glass substitute except for glass or glass substitute which requires repair or replacement as a consequence of the condition of the door, window, skylight or their frames;

(b) removeable covers to any manhole, inspection chamber, sewage disposal system, slurry, silage or other effluent system excluding anaerobic digesters;

(c) electrical sockets, switches, light fittings on or outside the surface of walls, ceilings and floors excluding switches that are part of the consumer board;

(d) signs and notices; and

(e) all broken or cracked roof tiles or slates and all slipped roof tiles or slates, as the damage occurs, providing that the reasonable cost of the work does not exceed £500 in any one year of the tenancy.

(3) Subject to paragraph 2(2)—

(a) the tenant must repair or replace and, upon repair or replacement, adequately paint or otherwise treat with effective preservative material as may be proper, all items of fixed equipment, and to do any work, where such repair, replacement or work is rendered necessary by the wilful act or negligence of the tenant or of any of the tenant’s household members or employees; and

(b) the tenant must replace anything mentioned in sub-paragraph (1) which has worn out or otherwise become incapable of repair if it’s condition has been brought about by or is substantially due to the tenant’s failure to repair it.

Commencement Information

I1 Sch. 1 para. 9 in force at 1.10.2015, see reg. 1(1)