Time Limits
| Author | Nigel Davis |
| Pages | 91-102 |
Chapter 7
Time Limits
7.1 INTRODUCTION
Both the 1986 Act and the 1995 Act prescribe time limits. Failure to observe them usually results in failure of the claim.
Tables showing some of the main time limits are set out in paras 7.2 and 7.3.
7.2 THE MAIN TIME LIMITS UNDER THE AGRICULTURAL HOLDINGS ACT 1986
Subject matter Step Period Provision
REPAIRS UNDER
MODEL CLAUSES
Tenant’s liabilities
Tenant should start repairs
Within 2 months of receiving the landlord’s written notice
Agriculture (Maintenance, Repair and Insurance of
Fixed Equipment)
Regulations 1973,
Schedule, paragraph 4 and Agriculture (Model Clauses for
Fixed Equipment) (England)
Regulations 2015,
Schedule 1, Part 1, paragraph 5(a)
92 Agricultural Tenancies
Subject matter Step Period Provision
Tenant should complete repairs
Within 3 months of receiving the landlord’s written notice
Agriculture (Maintenance, Repair and Insurance of
Fixed Equipment)
Regulations 1973,
Schedule, paragraph 4 and Agriculture (Model Clauses for
Fixed Equipment) (England)
Regulations 2015,
Schedule 1, Part 1, paragraph 5(b)
Counter-notice contesting liability
Within one month of receipt of the landlord’s written notice
Agriculture (Maintenance, Repair and Insurance of
Fixed Equipment)
Regulations 1973,
Schedule, paragraph 4 and Agriculture (Model Clauses for
Fixed Equipment) (England)
Regulations 2015,
Schedule 1, Part 2, paragraph 12(1)(a)
Landlord’s liabilities
Landlord should execute repairs
Within 3 months of receiving the tenant’s written notice
Agriculture (Maintenance, Repair and Insurance of
Fixed Equipment)
Regulations 1973,
Schedule, paragraph 12(1) and Agriculture (Model Clauses for
Fixed Equipment) (England)
Regulations 2015,
Schedule 1, Part 2, paragraph 12(1)(a)
Subject matter Step Period Provision
Landlord’s counter-notice contesting liability
Within one month of service of the notice by the tenant
Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973, Schedule, paragraph 12(5)(a) and Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015, Schedule 1, Part 2, paragraph 13(1)
FIXED EQUIPMENT
Provision of fixed equipment
Landlord must consent to request
Within a reasonable time
1986 Act, section 11(3)(b)
Reply to the tenant’s application to the First-tier Tribunal
Within one month of delivery of the tenant’s application by the Tribunal Secretary
Agricultural Land Tribunals (Rules) Order 2007,
rule 4(2)
At least one month before the termination of tenancy and exercise of the right
1986 Act, section 10(3)(b)
Removal of fixed equipment
Notice of intention
Actual removal Within 2 months of the termination of the tenancy
1986 Act, section 10(1)
94 Agricultural Tenancies
Subject matter Step Period Provision
RENT REVIEW
Notice demanding arbitration
At least 12 months before and expiring on the date when the tenancy could be terminated
1986 Act, sections 12(4) and 25(1)
Application to RICS for the appointment of arbitrator
Before the next termination date after the demand
1986 Act, section 12(3)
NOTICES TO QUIT
Length of notice
At least 12 months expiring at the end of a completed year of the tenancy
1986 Act, section 25(1)
NB Exceptions in section 25(2)
(As amended by the Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006)
Tenant’s counter-notice...
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