4 Compensation for adoption of special system of farming
9.42 Section 70 of the 1986 Act entitles the tenant to claim compensation, additional to that attributable to individual improvements, if he can show that by the continuous adoption of a system of farming more beneficial to the holding than either:
(a)The system of farming required by his contract of tenancy or
(b)In the absence of a contractual requirement, the system of farming normally practiced on comparable agricultural holdings,
the value of the holding as a holding has been increased during the tenancy.
When ascertaining the relevant increase in letting value regard must be had to the character and situation of the holding and the average requirements of tenants reasonably skilled in husbandry.88 An allowance has to be made for any compensation agreed, or awarded to the tenant, for long or short term improvements or tenant right matters where the latter have caused or contributed to the additional benefit to the holding.Section 70(2) imposes further conditions to be met before a claim can be made:
(a)the tenant must, not later than one month before the termination of the tenancy, have given to the landlord notice in writing of his intention to claim compensation under s 70, and also
(b)A record of the condition of the holding must have been made under s 22, recording the condition of the fixed equipment on the holding and the general condition of the holding itself. Compensation cannot be recovered in respect of any matter arising before the date of the making of the record.89