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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I rent some 56 acres of land to a tenant farmer. The tenancy

Customer Question

I rent some 56 acres of land to a tenant farmer. The tenancy is an agreement under the Agricultural Holdings Act, 1986. There is a written tenancy agreement dated 30/1/1995, which states that, "The tenant hereby agrees to carry out all works of repair and maintenance to the farm buildings and to put and leave them at the termination of the tenancy in good order". The buildings are in appalling condition, and have been neglected by the tenant completely. I think that the applicable law is the Agricultural (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973, but the wording of the regs is rather vague. My question is: Am I correct in my interpretation that the legislation states that the structure of agricultural buildings is the landlord's responsibility, unless a written agreement provides otherwise (as here), and is the wording quoted above sufficient to impose the whole of the repair liability on the tenant and thus override the provisions of the legislation?
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.
Hello. The 1973 Act imposes repair liabilities which are incorporated into every contract of tenancy, but only in so far as they don't contradict anything in the written tenancy agreement. Therefore, if your tenancy agreement imposes a full repairing liability on the tenant, then this will override the Act.
Customer: replied 4 years ago.

Thank you very much for your concise reply. The wording of the act is not as clear as it could be. Could you tell me whether you think the wording of the (rather inadequate) tenancy agreement imposes a full repairing liability on the tenant for the farm buildings (around 20,000 square feet of stone built barns) - it says, "The tenant hereby agrees to carry out all works of repair and maintenance to the farm buildings and to put and leave them at the termination of the tenancy in good order". It then goes on to say, "At the termination of the tenancy to deliver up the premises and all buildings fixtures and fittings and addition thereto (except such as the tenant may by law be entitled to remove) in such repair, order and condition in all respects as shall be consistent with the due performance of the agreements herein before contained". I look forward to hearing from you.

Expert:  wingrovebuyer replied 4 years ago.
Hello. Yes, I think this sufficiently sets out the liability as lying with the tenant. If he's in such a breach, have you considered serving a Notice to Quit?
Customer: replied 4 years ago.

Thank you once again for your assistance. I have actually served a Notice to remedy under AHA 1986 schedule 3, Part 1 Case D and an arbitrator has been appointed. I assure you that I will give you a positive rating, once this correspondence ends! Regards, Michael Greet.

Expert:  wingrovebuyer replied 4 years ago.
Excellent - it sounds like you have good grounds for possession! Regards, WB.
Expert:  wingrovebuyer replied 4 years ago.
Hello, could you please leave a rating, or JA won't pay me for helping you?
Expert:  wingrovebuyer replied 4 years ago.
Hello, please leave a rating, or JA won't pay me! Thanks! WB