AGRICULTURE (CONTROL OF NOTICES TO QUIT) REGULATIONS, 1948.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1948/190 |
1948 No. 190
AGRICULTURE
(iii) Control of Notices to Quit
THE AGRICULTURE (CONTROL OF NOTICES TO QUIT) REGULATIONS, 1948.24thFebruary 1948
25thFebruary 1948
1stMarch 1948
In pursuance of sub-section (8) of section thirty-one of the Agriculture Act, 1947, and of all other powers enabling him in that behalf, the Minister of Agriculture and Fisheries hereby makes the following Regulations:—
1. An application for the Minister's consent to the operation of a notice to quit under section thirty-one of the Act, made by a landlord before the giving of the said notice, shall be made not less than three months and not more than twelve months before the commencement of the period of twelve months at the expiration of which the notice to quit is intended to have effect.
2. An application for the Minister's consent to the operation of a notice to quit under section thirty-one of the Act, made by a landlord after service upon him by the tenant of a notice in writing in that behalf under the said section, shall be made within one month from the date of the service of the said notice.
3. Any application for the Minister's consent under the two preceding regulations shall be made in writing in the form set out in the Schedule hereto and signed by the person making the application, and shall be served upon the Secretary of the Committee.
4. In any case where it is stated in a notice to quit that the notice is given for one or more of the reasons specified in the next following regulations, it shall be open to the tenant, within one month from the giving of the notice to quit, to serve on the landlord a notice in writing requiring any question arising out of the reason stated in the notice to quit to be determined by arbitration under the Act of 1923.
5. The preceding regulation shall apply where it is stated in the notice to quit that it is given for one or more of the following reasons:—
(a) that at the date of the giving of the notice to quit the tenant had failed to comply with a notice in writing served on him by the landlord requiring him within two months from the service of the notice to pay any rent due in respect of the holding, or within a reasonable time or within such reasonable period as may be specified in the notice to remedy any breach by the tenant which was capable of being remedied of any term or condition of his tenancy which was not inconsistent with the fulfilment of his responsibilities to farm in accordance with the rules of good husbandry;
(b) that at the said date the interest of the landlord in the holding had been materially prejudiced by the commission by the tenant of a breach which was not capable of being remedied of any term or condition of the tenancy which was not inconsistent as aforesaid;
(c) that the land is required for a use, other than for agriculture, for which permission has been granted on an application made under the enactments relating to town and country planning, or for which (otherwise than by virtue of any provision of those enactments) such permission is not required.
6. In any case where the tenant requires a question to be determined by arbitration under regulation 4 hereof, and the provisions of sub-section (1) of section thirty-one of the Act apply to the case in consequence of such arbitration, the period within which a notice in writing may be served by the tenant on the landlord under the said sub-section shall be one month from the termination of such arbitration.
7. In any case where the tenant requires a question to be determined by arbitration under regulation 4 hereof, or where the landlord or the tenant requires the Minister's decision to withhold or to...
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