9.23 The 1986 Act imposes a code of compensation rights that supersedes customary claims for compensation – except in the case of ‘old’ improvements begun before 1 March 1948, in respect of which claims may be made under custom or agreement.

These are rarely encountered today, and will not be considered here.

9.24 The statutory provisions governing compensation for improvements, tenant right matters and compensation for disturbance all provide that compensation is only payable on the termination of a tenancy, and on the tenant’s quitting the holding.⁴⁴ It is not necessary, however, that he do so in consequence of a notice to quit.

In the case of compensation for disturbance, on the other hand, compensation is only payable where the tenant quits following a notice to quit from the landlord. Where a tenant has been in possession of an agricultural holding during successive tenancies,⁴⁵ his claim for compensation is postponed until he quits at the end of his tenancy. Special provision is also made⁴⁶ for improvements for which an incoming tenant has paid compensation on entry – either (with the landlord’s written consent) to the outgoing tenant or to the landlord himself. The incoming tenant can, on later quitting the holding, claim such compensation for the improvements as the outgoing tenant would have claimed had he remained as tenant.

More on the topic 9.23 The 1986 Act imposes a code of compensation rights that supersedes customary claims for compensation – except in the case of ‘old’ improvements begun before 1 March 1948, in respect of which claims may be made under custom or agreement.: