Agriculture (Notices to Remedy and Notices to Quit) Order 1964

JurisdictionUK Non-devolved
CitationSI 1964/706
Year1964

1964 No. 706

LANDLORD AND TENANT

AGRICULTURAL HOLDINGS

The Agriculture (Notices to Remedy and Notices to Quit) Order 1964

11thMay 1964

19thMay 1964

1stJuly 1964

I, Reginald Edward, Baron Dilhorne, Lord High Chancellor of Great Britain, in exercise of the powers conferred upon me by section 26 of the Agricultural Holdings Act 1948(a), as amended by section 8 of and Schedule 1 to the Agriculture Act 1958(b) and by section 19(2) of the Agriculture (Miscellaneous Provisions) Act 1963(c), do hereby make the following Order:—

PRELIMINARY

Citation and commencement

1. This Order may be cited as the Agriculture (Notices to Remedy and Notices to Quit) Order 1964 and shall come into operation on 1st July 1964.

Amendment of 1959 Order

2. In Article 3 of the Agricultural Land Tribunals and Notices to Quit Order 1959(d) the words from "termination" to the end of the Article shall be omitted, and Articles 6 to 10 of that Order are hereby revoked.

Interpretation

3. In this Order, unless the context otherwise requires:—

"1948 Act" means the Agricultural Holdings Act 1948, as amended;

"notice to remedy" means a notice served on the tenant of an agricultural holding for the purposes of paragraph (d) of section 24(2) of the 1948 Act requiring him to remedy a breach of a term or condition of his tenancy;

"notice to do work" means a notice to remedy requiring the doing of any work of repair, maintenance or replacement;

"termination", in relation to an arbitration under the 1948 Act, means the date on which the arbitrator's award is delivered to the tenant.

4. The Interpretation Act 1889(e) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

NOTICES TO DO WORK

Notice requiring arbitration

5.—(1) This Article shall have effect for the purpose of determining any question arising under a notice to do work served after this Order comes into operation.

(a) 11 & 12 Geo. 6. c. 63.

(b) 6 & 7 Eliz. 2. c. 71.

(c) 1963 c. 11.

(d) S.I. 1959/81 (1959 I, p. 91).

(e) 52 & 53 Vict. c. 63.

(2) Where the tenant wishes to contest his liability under the terms or conditions of his tenancy to do any of the work specified in the notice, he shall do so by serving on the landlord within one month after the service of the notice to do work a notice in writing specifying the grounds on which and the items in respect of which he denies liability and requiring the question to be determined by arbitration under the 1948 Act.

(3) Where the tenant wishes to contest any question other than or in addition to that mentioned in paragraph (2) above, he shall do so by serving on the landlord within one month after the service of the notice to do work a notice in writing requiring the question to be determined by arbitration under the 1948 Act, so, however, that a tenant who has not required arbitration under this paragraph or paragraph (2) above shall not be precluded from requiring arbitration under Article 9 below in respect of any question other than one as to his liability under the terms or conditions of his tenancy to do any of the work specified in the notice.

(4) Nothing in paragraph (3)...

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