The Agricultural Tenancies (Requests for Landlord’s Consent or Variation of Terms) (Wales) Regulations 2024

Awards or determinations by the arbitrator

4.—(1) When a reference is made to an arbitrator to determine a request in accordance with regulation 3, the arbitrator may order the landlord to comply with the request (either in full or to the extent specified in the award or the determination) or make such other award or determination as the arbitrator considers reasonable and just between the landlord and the tenant.

(2) As part of any award or determination made under paragraph (1), the arbitrator may include such awards or determinations as they consider reasonable and just between the landlord and the tenant in respect of—

(a) the payment of costs;

(b) where a request is made for the purposes of enabling the tenant to request or apply for relevant financial support, conditions relating to the making of a successful application;

(c) conditions restricting a tenant’s ability to make any subsequent reference to arbitration under this Part in respect of the same request and in relation to the same tenancy;

(d) conditions relating to other matters including the time at which the award takes effect.

(3) The arbitrator must not make any award or determination which includes a variation to the rent of the holding as part of any award or determination made under paragraph (1).

(4) The arbitrator must not make any award or determination in respect of any compensation payable to the landlord or tenant as part of any award or determination made under paragraph (1).

(5) The award or determination of an arbitrator under this Part has effect as if the terms and provisions specified and made in the award or determination were contained in an agreement in writing entered into by the landlord and tenant and having effect (by way of variation of the agreement previously in force in respect of the tenancy) as from the making of the award or determination or, if the award or determination so provides, from such later date as may be specified.