Agricultural Holdings Act 1986

22 Rights to require certain records to be made. E+W

(1) At any time during the tenancy of an agricultural holding—

(a) the landlord or the tenant may require the making of a record of the condition of the fixed equipment on the holding and of the general condition of the holding itself (including any parts not under cultivation), and

(b) the tenant may require the making of a record of any fixtures or buildings which, under section 10 above, he is entitled to remove and of existing improvements executed by him or in respect of the execution of which he, with the written consent of the landlord, paid compensation to an outgoing tenant.

(2) Any such record shall be made by a person appointed, [F1 by the landlord and tenant (“the parties”) or, in default of agreement between the parties, by a person appointed by a professional authority on the application of either of them; and any person appointed by a professional authority] may, on production of evidence of his appointment, enter the holding at all reasonable times for the purpose of making any such record.

[F2 (2A) A party may not make an application to a professional authority under subsection (2) in any case if the other party has already made an application to a professional authority under that subsection in that case.]

(3) The cost of making any such record shall, in default of agreement between the landlord and tenant, be borne by them in equal shares.

(4) No application may be made to [F3 a professional authority] for a person to be appointed by [F4 that authority] under subsection (2) above unless the application is accompanied by such fee as may be prescribed as the fee for such an application.

(5) Any instrument of appointment purporting to be made by [F5 a professional authority] by virtue of subsection (2) above and to be signed by or on behalf of [F6 that authority] shall be taken to be such an instrument unless the contrary is shown.

[F7 (6) In this section “professional authority” has the same meaning as in section 84.]

Textual Amendments

F1 Words in s. 22(2) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 5(2)

F2 S. 22(2A) inserted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 5(3)

F3 Words in s. 22(4) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 5(4)(a)

F4 Words in s. 22(4) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 5(4)(b)

F5 Words in s. 22(5) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 5(5)(a)

F6 Words in s. 22(5) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 5(5)(b)

F7 S. 22(6) inserted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 5(6)

Modifications etc. (not altering text)

C1 S. 22(2) amended (1.3.1996) by S.I. 1996/337, art. 2(a).