ABSTRACT

There are two sets of statutory rules now applying to agricultural land and premises. In the case of any tenancy granted before September 1 1995, the governing statute is the Agricultural Holdings Act 1986. The model clauses allocate the liability for major structural repairing and maintenance work to farm buildings and fixed equipment to landlord, who is entitled to recover half cost of smaller maintenance items. The tenant is liable for such matters as interior repairs and redecoration to farm buildings. The landlord retains right to claim damages, at common law, during a written contract of tenancy in respect of dilapidations or damage to particular buildings, fixed equipment or parts of the holding, rather than being forced in all cases to await the end of tenancy and the departure of the tenant. This right was preserved by necessary implication, since a statute is not to be construed as taking away a landlord's legal rights unless such an intention clearly appears.