4 Miscellaneous statutory rights
(a)Damage by game
6.32 Section 20 gives the tenant the right to claim compensation where his crops have been damaged by wild animals or game, where the right to kill and take the latter is vested in the landlord or a third party (eg a sporting tenant).
This right does not apply if the tenant himself has permission in writing to kill the animals or game in question. The tenant must give notice in writing to the landlord within one month of becoming aware of the occurrence of damage, and give him a reasonable opportunity to inspect it before the crop in question is reaped or consumed. If damage is to crops already reaped or raised, the landlord must have an opportunity to inspect it before the crop is begun to be removed from the land. The tenant must then give notice of his intention to claim compensation within one month of the expiry of the year in respect of which the claim is made.45 In default of agreement, the agricultural ‘year’ for the purpose of compensation claims means the 12 months ending on 29 September.46 Compensation is quantifiable by arbitration if agreement cannot be reached. By virtue of s 20(5) the landlord has a right of indemnity where the damage is caused by a sporting tenant, and not by himself.(b)Record of condition of the holding
6.33 Section 22 of the 1986 Act provides for either the landlord or tenant, at any time during the tenancy, to require the making of a record of the condition of the buildings, fences, gates, roads, drains and ditches on the holding, and of any other fixed equipment, and of the state of the holding itself (including any parts not under cultivation). Additionally, the tenant can require the making of a record of improvements made by him, or in respect of which he paid compensation to an outgoing tenant, and of any fixtures and buildings that he is entitled to remove. The parties can agree on a third party to draw up the record, but in default of agreement application can be made to the President of the RICS for the appointment of a suitable person to do so.
The costs of making the record fall to be shared between landlord and tenant in equal shares in default of agreement.47 The person appointed to make the record is entitled, on production of evidence of his appointment, to enter the holding at all reasonable times for the purpose of making the record.48(c)Landlord’s power of entry
6.34 In the absence of statutory or contractual authority to enter the holding the landlord has no right to do so. Section 23 of the 1986 Act gives the landlord a statutory power to enter for certain purposes viz:
(a)to view the state of the holding;
(b)to fulfil his responsibilities to manage the holding in accordance with the rules of good estate management; and
(c)to provide or improve fixed equipment on the holding otherwise than in fulfilment of those responsibilities.
6.35 Note, also, that the model clauses for fixed equipment implied into contracts of tenancy by s 7 give the landlord a power of entry to carry out repairs where the tenant has not started work on them within two months, or has not completed them within three months, of receiving written notice to do so.49 Tenancy agreements will, of course, frequently contain powers of entry for additional purposes, eg to take game.
More on the topic 4 Miscellaneous statutory rights:
- Chapter 4 Legal framework for care in obstetrics and gynaecology
- 4 Distress for unpaid rent
- 2 Agricultural Holdings and the Rent Acts
- THE SENATORIAL COURT UNDER THE JULIO-CLAUDIANS