1 Direction to provide or alter fixed equipment
6.58 By virtue of s 11(1) of the 1986 Act, the tenant of an agricultural holding is entitled to apply to an agricultural land tribunal for an order directing the landlord to carry out, within a specified period, such work for the provision or alteration/repair of fixed equipment as is necessary to enable the tenant to comply with statutory requirements, eg as to disposal of waste under the Public Health legislation.
The tribunal jurisdiction can be invoked in either of two situations:(a)Where the tenant, in carrying on the agricultural activity specified in his application, would contravene requirements imposed by statute unless fixed equipment were provided, or
(b)Where fixed equipment is already provided at the holding, and it is reasonable that the tenant should use it for purposes connected with the proposed agricultural activity, it may be necessary for the equipment to be repaired or replaced if breach of statutory requirements is to be avoided.
6.59 Before making a direction, the tribunal must satisfy itself that the carrying on of the agricultural activity proposed by the tenant is reasonable, having regard to the latter’s duty to farm the holding in accordance with the rules of good husbandry. This right may be important, for example, in compelling the landlord to provide fixed equipment to comply with requirements imposed by the Environment Agency under the legislation on pollution control and prevention, eg the Water Resources (Control of Pollution) Regulations 2010.99
6.60 The remedy is hedged around with a number of qualifications that make it difficult to exercise in practice. So, for example, the tribunal cannot direct the landlord to provide fixed equipment for a proposed agricultural activity unless satisfied that the starting of the activity did not (or will not) constitute ‘a substantial alteration of the type of farming carried on the holding’.100 If, however, the farming activity specified in the tenant’s application has been carried on continuously for a period of at least three years preceding the date of application the tribunal can make a direction – even if the change in use it represented was a substantial one.101 In this case the landlord’s consent to the change of user is presumed. Additionally, the tribunal cannot direct the landlord to carry out work unless satisfied that it is reasonable to do so ‘having regard to the landlord’s responsibilities to manage the land comprised in the holding in accordance with the rules of good estate management’.
They are also to have regard to the period for which the holding may be expected to remain a separate holding ‘and to any other material consideration’.102 The tribunal jurisdiction cannot be invoked to compel the landlord to carry out work if he is already under a duty to carry out the work in order to comply with a requirement imposed by statute, or if provision is made in the tenancy agreement, ‘or by any other agreement between the landlord and tenant’ for the carrying out of the work by one of them.1036.61 The landlord must be served with a written request to do the work concerned by the tenant. A tribunal application can only be made if he has failed to carry out the work within a reasonable time or has refused to do so.104 No strict time limits for service of request and the landlord’s response are imposed by the Act.
6.62 By virtue of s 11(5) if the landlord fails to comply with a tribunal direction the tenant has the same remedies as if the contract of tenancy had itself contained an undertaking to carry out the work within the period specified by the tribunal. The tenant can therefore claim damages and/or an injunction in the normal way – the tribunal itself does not, however, enjoy enforcement powers. Additionally, the Act specifically empowers the tenant to carry out the work himself and recover the reasonable cost of doing so from the landlord.105 In suitable cases the landlord can apply for an extension of time, for instance where the period specified by the tribunal has not proved sufficient to enable grant applications to be made and processed.106