Paragraph 15 Redundant fixed equipmentI1

England and Wales

(1)

If the landlord or tenant is of the opinion that an item of fixed equipment is, or before the same was damaged or destroyed by fire was, redundant to the farming of the holding, the landlord or tenant may, by two months’ notice in writing served on the other, refer the question to arbitration under the Act unless the landlord and tenant agree to refer the question for third party determination.

(2)

In any such arbitration or third party determination, no item of fixed equipment may be determined to be, or to have been before damage or destruction by fire, redundant to the farming of the holding, unless the arbitrator or third party is satisfied that the repair or replacement of such item is or was not reasonably required having regard to—

(a)

the landlord’s responsibilities to manage the holding in accordance with the rules of good estate management;

(b)

the period for which the holding may reasonably be expected to remain a separate holding; and

(c)

the character and situation of the holding and the average requirements of a tenant reasonably skilled in husbandry.

(3)

Where an arbitrator awards or a third party determines that the said item of fixed equipment is, or before such damage or destruction by fire was, redundant to the farming of the holding then, as from the date of the award or determination—

(a)

paragraph 16(b) applies to that item and both the landlord and tenant are relieved from all liability in respect of any antecedent breach of any obligation to maintain, repair or replace that item of fixed equipment; and

(b)

the landlord is entitled to demolish and remove that item of fixed equipment and to enter the holding for those purposes.

Annotations

Commencement

I1: Sch. 1 para. 15 in force at 1.10.2015, see reg. 1(1)