ABSTRACT

While the tenant has the full use of the let property subject only to the matters reserved by the landlord and obligations imposed in the tenancy agreement, both often considerable, and the prime landlord’s obligation is to allow the tenant quiet enjoyment of the holding, a number of issues requiring valuation can arise during a tenancy. Tenancy agreements will typically require the landlord to compensate the tenant for damage caused in the exercise of reservations under the agreement, as where felled trees are extracted over farmland or intrusive surveys ahead of potential development are conducted causing loss of crop or other disruption. A landlord may agree to make an improvement, such as building or drainage, to improve the holding or meet a legal requirement, such as over slurry storage. The 1986 Act tenant has the distinctive power under s.11 to seek to require the landlord to make an improvement needed to meet statutory requirements for a reasonable farming activity.