Time Limits

Page 91

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)

Page 92

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)

Page 93

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 2007,¹

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)

¹SI 2007/3105.

Page 94

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 requesting the Tribunal’s consent

Not later than one month after the service of the notice to quit

1986 Act, section 26(1)(b)

Landlord’s application to the Tribunal for consent

Within one month of service of the tenant’s counter-notice

Agricultural Land Tribunals (Rules) Order 2007, rule 39

Page 95

Subject matter Step Period Provision

Cases A, B, D and E

Notice requiring arbitration on the reasons stated in a notice to quit

Within one month of service on the tenant of a notice to quit

Agricultural Holdings (Arbitration on Notices) Order 1987,²

article 9

Appointment of an arbitrator or application to the RICS

Before the expiry of 3 months after service by the tenant of a notice demanding arbitration

Agricultural Holdings (Arbitration on Notices) Order 1987, article 10

Tenant’s counter-notice to notice to...