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6.57 Farming being capital intensive in nature, it is of central importance that the rights and liabilities of landlord and tenant as to the provision, repair, maintenance and removal of fixed equipment are clearly defined.

Accordingly, Part II of the 1986 Act makes provision for three contingencies. Firstly, the tenant is given a right to apply to an agricultural land tribunal in limited circumstances for an order directing the landlord to provide fixed equipment.95 Secondly, the Minister is empowered, after consultation with bodies representing the interests of agricultural landlords and tenants, to make regulations prescribing terms as to the maintenance, repair and insurance of fixed equipment (known as the ‘model clauses’).96 The model clauses are, with limited exceptions, incorporated into every tenancy agreement.

And finally, special provision is made for the removal of fixtures and buildings provided by the tenant at the end of the tenancy.97 ‘Fixed Equipment’ is defined to include ‘any building or structure affixed to land and any works on, in, over or under land, and also includes anything grown on land for a purpose other than use after severance from the land, consumption of the thing grown or of its produce, or amenity’.98 This is an inclusive, and not an exhaustive, definition. It clearly includes, for example, items such as hedges and trees planted as windbreaks and shields, in addition to the more obvious items such as farm buildings and fencing.

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Source: Rodgers Christopher. Agricultural Law. Bloomsbury Publishing,2016. — 914 p.. 2016
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