2019No. 1279 (W. 223)
LANDLORD AND TENANT, WALES
The Agriculture (Model Clauses for Fixed Equipment) (Wales) Regulations 2019
(This note is not part of the Regulations)
These Regulations revoke and replace, in relation to Wales, the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 (the “1973 Regulations”). They prescribe terms, set out in Schedule 1, as to the maintenance, repair and insurance of fixed equipment which are deemed to be incorporated in every contract of tenancy of an agricultural holding except where they would impose on one of the parties to a written agreement a liability which under the agreement is imposed on the other. Schedule 1 divides between the landlord and the tenant of a holding the responsibility for maintaining, repairing and insuring fixed equipment, and imposes upon each party certain specific liabilities in regard to those matters.
The main changes to the 1973 Regulations are as follows, references being to paragraphs in Schedule 1.
Certain items have been added to the general repair and replacement obligations of the landlord under paragraph 1 including the repair and replacement of the electrical supply system. The list of items in respect of which the landlord may recover one-half cost from the tenant has been extended (paragraph 7).
Certain items have been added to the general repair and maintenance obligations of the tenant under paragraphs 9 and 11 including fixed equipment generating heat or power and slurry, silage and effluent systems.
The circumstances in which the tenant may execute repairs or replacements which are the liability of the landlord has been extended under paragraph 12 so that the tenant may repair fire and carbon monoxide detectors and underground water pipes without notice served on the landlord. (See also paragraphs 14(3)(b) and (c)).
The limit on the tenant's liability for replacement of roof tiles or slates is increased from £100 to £500 (paragraph 9(2)(e)).
Paragraphs 6, 13 and 17 include provision for third party determination as an alternative to arbitration.
Regulation 3 prescribes time limits for the purposes of section 9 of the Agricultural Holdings Act 1986. Regulation 4 and Schedule 2 contain revocations.
The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a Regulatory Impact Assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff CF10 3NQ.
Laid before the National Assembly for Wales26September2019
Coming into force1November2019
The Welsh Ministers make the following Regulations in exercise of the powers conferred by section 7(1) and (2) of the Agricultural Holdings Act 1986( 1).
In accordance with section 7(1) of that Act, the Welsh Ministers have consulted such bodies appearing to represent the interests of landlords and tenants of agricultural holdings.
Title, application, commencement and interpretation
1.—(1) The title of these Regulations is the Agriculture (Model Clauses for Fixed Equipment) (Wales) Regulations 2019.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force on 1 November 2019.
(4) In these Regulations “the Act” means the Agricultural Holdings Act 1986.
Incorporation of provisions in tenancy agreements
2.—(1) Schedule 1 contains model provisions for the maintenance, repair and insurance of fixed equipment for incorporation in every contract of tenancy of an agricultural holding to which the Act applies, whether made before or after the commencement of the Act, except in so far as they would impose on one of the parties to an agreement in writing a liability which under the agreement is imposed on the other.
(2) Paragraph 2(1) of Schedule 1 requiring the landlord to insure against loss or damage by fire does not apply to the following landlords—
(a) where the interest of the landlord is held for the purposes of a Government Department,
(b) where a person representing Her Majesty or the Duke of Cornwall under section 95 of the Act is deemed to be the landlord, and
(c) where the landlord has made provision approved by the Welsh Ministers for defraying the cost of any works of repair or replacement as referred to in paragraph 2(2) of Schedule 1.
Prescribed periods for the purposes of section 9 of the Act
3.—(1) The prescribed period for the purposes of section 9(1) of the Act is one month.
(2) The prescribed period for the purposes of section 9(3) of the Act is one month.
(3) The prescribed period for the purposes of section 9(4) of the Act is three months.
4. The Regulations specified in Schedule 2 are revoked.
24 September 2019
Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
Maintenance, repair and insurance of the fixed equipment of an agricultural holding
Rights and liabilities of the landlord
Repairs and replacements
1.—(1) The landlord must repair or replace the following parts of the farmhouse, cottages and farm buildings—
(a) roofs, bargeboards, fascias and soffits, eaves guttering and downpipes;
(b) chimney stacks, chimney linings and chimney pots;
(c) main walls and exterior walls, however constructed, including structural frames and cladding;
(d) interior repair or decoration made necessary as a result of structural defect to the parts specified in paragraphs (a), (b) and (c);
(e) walls and fences of open and covered yards and garden walls;
(f) floors and floor joists;
(g) ceiling joists and timbers;
(h) exterior and interior staircases and fixed ladders (including bannisters or handrails) of the farmhouse and cottages;
(i) doors, windows and skylights and their frames and sills but not door and window furniture including sash cord, locks, fastenings and glass and glass substitute unless the repair or replacement of glass or glass substitute is a consequence of the condition of the doors, windows, skylights or their frames;
(j) roof and wall insulation; and
(k) fireplaces, firebacks and firebricks.
(2) The landlord must repair or replace the following water and drainage systems—
(a) underground water supply pipes, wells, boreholes, reservoirs and all connected underground installations (excluding removable covers and tops);
(b) sewage disposal systems including septic tanks, filtering media, and cess pools (excluding removable covers and tops);
(c) reed beds for water and sewage treatment; and
(d) slurry, silage and other effluent systems excluding anaerobic digesters (excluding removable covers and tops).
(3) The landlord must repair or replace the following gas, electrical and safety detection systems—
(a) gas pipes, fixed liquid petroleum and gas tanks;
(b) the electrical supply system including the consumer board but excluding sockets, switches, light fittings and similar electrical furniture; and
(c) fire and carbon monoxide detectors and alarms.
(4) In respect of sub-paragraph (3)(b), the landlord must—
(a) have the electrical...