Moved by
Baroness McIntosh of Pickering
88: Schedule 3, page 56, line 8, at end insert—
“Requests for landlord’s consent or variation of terms
30 Before section 28 insert—
“27A Disputes relating to requests for landlord’s consent or variation of terms
(1) The appropriate authority must by regulations make provision for the tenant of an agricultural holding to refer for arbitration under this Act a request made by the tenant to the landlord where—
(a) the request falls within subsection (3), and
(b) no agreement has been reached with the landlord on the request.
(2) The regulations may also provide that, where the tenant is given the right to refer a request to arbitration, the landlord and tenant may instead refer the request for third party determination under this Act.
(3) A request falls within this subsection if—
(a) it is a request for—
(i) the landlord’s consent to a matter which under the terms of the tenancy requires such consent, or
(ii) a variation of the terms of the tenancy, or
(iii) the landlord’s consent to a matter which otherwise requires such consent,
(b) it is made for the purposes of—
(i) enabling the tenant to request or apply for relevant financial assistance or relevant financial assistance of a description specified in the regulations, or
(ii) complying with a statutory duty, or a statutory duty of a description specified in the regulations, applicable to the tenant, or
(iii) securing either or both of the full and efficient farming of the holding and an environmental improvement, and
(c) it meets such other conditions (if any) as may be specified in the regulations.
(4) The regulations may provide for the arbitrator or third party on a reference made under the regulations, where the arbitrator or third party considers it reasonable and just (as between the landlord and tenant) to do so—
(a) to order the landlord to comply with the request (either in full or to the extent specified in the award or determination); or
(b) to make any other award or determination permitted by the regulations.
(5) The regulations may (among other things) make provision—
(a) about conditions to be met before a reference may be made;
(b) about matters which an arbitrator or third party is to take into account when considering a reference;
(c) for regulating the conduct of arbitrations or third party determinations;
(d) about the awards or determinations which may be made by the arbitrator or third party, which may include making an order for a variation in the rent of the holding or for the payment of compensation or costs;
(e) about the time at which, or the conditions subject to which, an award or determination may be expressed to take effect;
(f) for restricting a tenant’s ability to make subsequent references to arbitration where a reference to arbitration or third party determination has already been made under the regulations in relation to the same tenancy.
(6) The provision covered by subsection (5)(e) includes, in the case of a request made for the purpose described in subsection (3)(b)(i), conditions relating to the making of a successful application for assistance.
(7) In this section—
“appropriate authority” means—
(a) in relation to England, the Secretary of State, and
(b) in relation to Wales, the Welsh Ministers;
“relevant financial assistance” means financial assistance under—
(a) section 1 of the Agriculture Act 2020 (Secretary of State’s powers to give financial assistance),
(b) section 19 of, or paragraph 7 of Schedule 5 to, that Act (exceptional market conditions: powers available to Secretary of State and Welsh Ministers),
(c) a scheme of the sort mentioned in section 2(4) of that Act (third party schemes), or
(d) a scheme of financial assistance in whatever form introduced by Welsh Ministers;
“statutory duty” means a duty imposed by or under—
(a) an Act of Parliament;
(b) an Act or Measure of the National Assembly for Wales or Senedd Cymru;
(c) retained direct EU legislation.””
Member’s explanatory statement
This amendment provides the ability for farm tenants letting under the Agricultural Tenancies Act 1995 to object to a landlord’s refusal to enter into a specific financial assistance scheme in the same way as farm tenants letting under the Agricultural Holdings Act 1986.