The Agricultural Holdings (Forms of Notice to Pay Rent or to Remedy) Regulations 1987 No. 711


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Statutory Instruments

1987 No. 711

LANDLORD AND TENANT

The Agricultural Holdings (Forms of Notice to Pay Rent or to Remedy) Regulations 1987

Made

9th April 1987

Laid before Parliament

21st April 1987

Coming into force

12th May 1987

The Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Wales, in exercise of the powers conferred on them by paragraph 10(1)(a) and (2) of Part II of Schedule 3 to the Agricultural Holdings Act 1986(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Agricultural Holdings (Forms of Notice to Pay Rent or to Remedy) Regulations 1987 and shall come into force on 12th May 1987.

Interpretation

2.-(1) In these Regulations-

"the 1986 Act" means the Agricultural Holdings Act 1986;

"notice to pay rent" means a notice served on the tenant of an agricultural holdingfor the purposes of Case D requiring him to pay rent due;

"notice to remedy" means a notice served on the tenant of an agricultural holding for the purposes of Case D requiring him to remedy a breach of a term or condition of his tenancy.

(2) A form referred to by number in these Regulations means the form so numbered in the Schedule to these Regulations or a form substantially to the same effect.

Form of notice to pay rent

3.  A notice to pay rent shall be in Form 1.

Forms of notice to remedy

4.  A notice to remedy which requires the doing of any work of repair, maintenance or replacement shall be in Form 2 and any other notice to remedy shall be in Form 3.

Revocation

5.  The Agricultural Holdings (Forms of Notice to Pay Rent or to Remedy) Regulations 1984(2) are hereby revoked, but without prejudice to their application in relation to any notice served before the coming into operation of these Regulations.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th April 1987.

L.S.

Michael Jopling

Minister of Agriculture, Fisheries and Food

Nicholas Edwards

Secretary of State for Wales

30th March 1987

Regulations 2(2), 3 and 4

SCHEDULE

FORM 1AGRICULTURAL HOLDINGS ACT 1986schedule 3, part i, case dNotice to tenant to pay rent due

FORM 2AGRICULTURAL HOLDINGS ACT 1986schedule 3, part i, case dNotice to tenant to remedy breach of tenancy by doing work of repair, maintenance or replacement

FORM 3AGRICULTURAL HOLDINGS ACT 1986schedule 3, part i, case dNotice to tenant to remedy breach of tenancy (not being a notice requiring the doing of any work of repair, maintenance or replacement)

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Agricultural Holdings (Forms of Notice to Pay Rent or to Remedy) Regulations 1984 ("the 1984 Regulations"). The Regulations bring up to date references in the 1984 Regulations to provisions which have been consolidated by the Agricultural Holdings Act 1986 and the Agricultural Holdings (Arbitration on Notices) Order 1987 ("the 1987 Order").

The Regulations continue to prescribe-

(a)a form to be used by the landlord of an agricultural holding when serving on his tenant a notice to pay rent due for the purposes of Case D in Part I of Schedule 3 to that Act (regulation 3 and Form 1 in Schedule);

(b)two different forms for the notice to remedy breaches of the terms and conditions of the tenancy for the purposes of the said Case D according to whether or not any work of repair, maintenance or replacement is required to remedy the breach (regulation 4 and Forms 2 and 3 in Schedule).

The reference in the Notes to the Forms to the time-limit in article 10 of the 1987 Order (appointment of arbitrator) reflects an amendment made by that article.

Note 4 to Form 2 has been expanded to give an example of a further question which may be referred to arbitration.

(2)

S.I. 1984/1308.


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URL: http://www.bailii.org/uk/legis/num_reg/1987/uksi_1987711_en_1.html