Agricultural Tenant’s Notice to Refer Improvements Consent to Arbitration
This Agricultural Tenant’s Notice to Refer Improvements Consent to Arbitration should be used by a Farm Business Tenant who is unhappy with the Landlord’s response (or lack of response) to a request for consent to make improvements or with the conditions the Landlord is seeking to impose.
Farm Business Tenants can when they quit the holding, claim compensation for improvements they have made to the holding. In order to claim compensation, the Tenant must have obtained the Landlord’s consent under Section 17 of the Agricultural Tenancies Act 1995 to the making of the improvement.
If the Landlord fails to give consent within 2 months of the Tenant’s written request, refuses consent or proposes a variation to the tenancy which the Tenant is unhappy with, the Tenant may refer the matter to arbitration.
Under Section 19 of the Agricultural Tenancies Act, the Tenant must serve a notice on the Landlord before applying for the appointment of an arbitrator. The Tenant’s notice must be given within 2 months of the date of the Landlord’s response or (where the Landlord has failed to give consent within 2 months) within 4 months of the date of the tenant’s request for consent.
This Notice explains the grounds on which the Tenant requires the matter to be referred to arbitration and asks the Landlord to contact the Tenant so they can arrange to appoint an arbitrator. If there is no agreement on the appointment of an arbitrator either party can ask the President of the Royal Institution of Chartered Surveyors to appoint an arbitrator.
This Agricultural Tenant’s Notice to Refer Improvements Consent to Arbitration is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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