5 Arbitration as to terms of tenancy

5.50 Where s 2 of the 1986 Act operated to convert a short-term letting or licence into a yearly tenancy, s 2(4) provides that ‘any dispute arising as to the operation’ of the section in relation to any agreement is to be determined by arbitration under the Act. In Goldsack v Shore¹²⁵ the Court of Appeal held that any question as to the applicability of the section, and whether an agricultural holding had been created, fell instead within the jurisdiction of the Courts. The section provides, however, that any agreement converted into an agricultural holding is to continue ‘with the necessary modifications’ as if it were a yearly tenancy. Any dispute as to the required modifications to the agreement must, therefore, be decided by reference to arbitration.