Section 10 Arbitration of landlord’s objection to an applicationF1I1

An objection on the ground specified in paragraph 9(1)(a) shall not be upheld unless the arbitrator is satisfied that the landlord’s compensation under this Scheme or the amount which the tenant is prepared to pay (if that amount is greater) would be less than the capital value of the loss of rent which the landlord could reasonably be expected to suffer as a result of the surrender of the relevant quota;

where the capital value referred to in sub-paragraph (2)(a) has previously been assessed by an arbitrator for the purposes of paragraph 13(2)(a), the capital value so assessed shall be deemed to be the capital value for the purposes of sub-paragraph (2)(a) but where that capital value has not previously been so assessed, the arbitrator on a reference under paragraph 7(3) shall assess that capital value in accordance with paragraph 13(3)(b).

if any land subject to the tenancy is re-let for any purpose other than dairy farming within 5 years from the date of the covenant, or if any of that land is sold within that period; and

if, but for the authority’s refusal of consent, the tenant could have made a valid application,