# The Milk (Cessation of Production) (England and Wales) Scheme 1987, Section 9: Landlord’s objections to an application

Extent: E+W

(1) Subject to sub-paragraph (2), the grounds upon which a landlord may object to a tenant’s application in relation to a holding, or part of a holding, for the purposes of paragraph 7 or paragraph 8 are—
(a) that it appears to him that the compensation which he would receive on arbitration in accordance with this Scheme if that application was successful 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 an arbitrator would determine that he would suffer as a result of the surrender of the relevant quota;
(b) that the tenant, or any landlord, is bound by a covenant (however expressed) entered into with any person holding a superior interest in the relevant land, or with the predecessor of that person, to the effect either that—
(i) the holding, or any part thereof, will be farmed as a dairy farm, or
(ii) any quota on that holding or part of that holding will be maintained;
(c) that the landlord is a smallholdings authority for the purposes of section 38 of the Agriculture Act 1970 (smallholdings authorities) which holds the holding, or any part thereof, for the purposes of smallholdings in accordance with Part III of that Act, and which intends, at the end of the current tenancy, to re-let, for the purposes of smallholdings, the holding, or any part thereof, or part of any part of that holding, to be farmed as a dairy farm.
(2) A landlord may not object to a tenant’s application on the ground specified in sub-paragraph (1)(b)(ii) if the covenant concerned relates solely to commodities other than milk.

---
Source: https://www.legislation.gov.uk/uksi/1987/908/section/9 (the official version)
Page: https://openlegislation.uk/milk-cessation-of-production-england-and-wales-scheme-1987/section-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.