§ Determination of standard quota and tenant's fraction before end of tenancy
§ 10.—(1) Where, on the termination of a tenancy of any 1041 land, the tenant may be entitled to a payment under paragraph 1 above, the landlord or tenant may at any time before the termination of the tenancy by notice in writing served on the other demand that the determination of the standard quota for the land or the tenant's fraction shall be referred to arbitration.
§ (2) On a reference under this paragraph the arbitrator shall determine the standard quota for the land or, as the case may be, the tenant's fraction (so far as determinable at the date of the reference).
§ (3) Section 84 of the Agricultural Holdings Act 1986 (arbitrations) shall apply as if the matters mentioned in this paragraph were required by that Act to be determined by arbitration under that Act.
§ Settlement of tenant's claim on termination of tenancy
§ 11.—(1) Subject to the provisions of this paragraph, any claim arising under paragraph 1 above shall be determined by arbitration under the Agricultural Holdings Act 1986 and no such claim shall be enforceable unless before the expiry of the period of two months from the termination of the tenancy the tenant serves notice in writing on his landlord of his intention to make the claim.
§ (2) The landlord and tenant may within the period of eight months from the termination of the tenancy by agreement in writing settle the claim but where the claim has not been settled during that period it shall be determined by arbitration under the Agricultural Holdings Act 1986.
§ (3) Where a tenant lawfully remains in occupation of part of the land subject to the tenancy after the termination of the tenancy, the references in sub-paragraphs (1) and (2) above to the termination of the tenancy shall be construed as references to the termination of the occupation.
§ (4) Section 84 of the Agricultural Holdings Act 1986 (arbitrations) shall apply as if the requirements of this paragaphah were requirements of that Act, but paragraph 18 of Schedule 11 to that Act (arbitration awards to fix days for payment not later than one month after award) shall have effect for the purposes of this paragraph as if for the words "one month" there were substituted the words "three months".
§ (5) Where—
- (a) before the termination of the tenancy of any land the landlord and tenant have agreed in writing the amount of the standard quota for the land or the tenant's fraction or the value of milk quota which is to be used for the purpose of calculating the payment to which the tenant will be entitled under this Schedule on the termination of the tenancy; or
- (b) the standard quota or the tenant's fraction has been determined by arbitration in pursuance of paragraph 10 above,
§ (6) Where it appears to the arbitrator that any circumstances relevant to the agreement or determination mentioned in sub-paragraph (5) above were materially different at the time of the termination of the tenancy from those at the time the agreement or determination was made, he shall disregard so much of the agreement or determination as appears to him to be affected by the change in circumstances.
§ Enforcement
§ 12.—Section 85 of the Agricultural Holdings Act 1986 (enforcement) and section 86(1), (3) and (4) of that Act (power of landlord to obtain charge on holding) shall apply to any sum which becomes due to a tenant by virtue of this Schedule as they apply to the sums mentioned in those sections.
§ Termination of tenancy of part of tenanted land
§ 13.—References in this Schedule to the termination of a tenacy of land include references to the resumption of possession of part of the land subject to the tenancy—
- (a) by the landlord by virtue of section 31 or 43(2) of the Agricultural Holdings Act 1986 (notice to quit part);
- (b) by the landlord in pursuance of a provision in the contract of tenancy; or
- (c) by a person entitled to a severed part of the reversionary estate in the land by virtue of a notice to
1042 quit that part given to the tenant by virtue of section 140 of the Law of Property Act 1925;
§ Severing of reversionary estate
§ 14.—(1) Where the reversionary estate in the land is for the time being vested in more than one person in several parts, the tenant shall be entitled, on quitting all the land, to require that any amount payable to him under this Schedule shall be determined as if the reversionary estate were not so severed.
§ (2) Where sub-paragraph (1) above applies, the arbitrator shall, where necessary, apportion the amount awarded between the persons who for the purposes of this Schedule together constitute the landlord of the land, and any additional costs of the award, caused by the apportionment shall be paid by those persons in such proportions as the arbitrator may determine.
§ Powers of limited owners
§ 15. Notwithstanding that a landlord of any land is not the owner in fee simple of the land or, in a case where his interest is an interest in a leasehold, that he is not absolutely entitled to the leasehold, he may for the purposes of this Schedule do anything which he might do if he were such an owner or, as the case may be, were so entitled.
§ Notices
§ 16.—(1) Any notice under this Schedule shall be duly served on the person on whom it is to be served if it is delivered to him, or left at his proper address, or sent to him by post in a registered letter or by the recorded delivery service.
§ (2) Any such notice shall be duly served on an incorporated company or body if it is served on the secretary or clerk of the company or body.
§ (3) Any such notice to be served on a landlord or tenant of any land shall, where an agent or servant is responsible for the control of the management or farming, as the case may be, of the land, be duly served if served on that agent or servant.
§ (4) For the purposes of this paragraph and of section 7 of the Interpretation Act 1978 (service by post), the proper address of any person on whom any such notice is to be served shall, in the case of the secretary or clerk of an incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question.
§ (5) Unless or until the tenant of any land has received—
- (a) notice that the person who before that time was entitled to receive the rents and profits of the land ("the original landlord") has ceased to be so entitled, and
- (b) notice of the name and address of the person who has become entitled to receive the rents and profits,