3 General deterioration
9.16 Section 72 gives the landlord an additional claim where he can show that the value of the holding generally has been reduced either by reason of dilapidations or failure to repair, or otherwise by non-fulfilment by the tenant of his responsibilities to farm in accordance with the rules of good husbandry.
Compensation for loss of value under s 72 is recoverable in addition to compensation under ss 71(1) or 71(3), but any compensation recoverable under s 71 must be brought into account so as to avoid a double relief.29 The measure of damages recoverable under s 72 is an amount equal to the decrease, attributable to the matters in question, in the value of the holding as a holding, having regard to the character and situation of the holding and the average requirements of tenants reasonably skilled in husbandry.30 The decrease in the value of the holding will prima facie be the difference between the value of the holding in the condition in which the tenant left it, and its value had the buildings, fixtures and fittings been left in good repair, and the land clean and in good heart.319.17 The landlord must, not later than one month before the termination of the tenancy, give notice to the tenant of his intention to claim compensation for general deterioration under the section.32 This is in addition to notice of claim under s 83, which will also have to be served within two months following termination of the tenancy.33
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