Where, in relation to any tenant’s improvement, the tenant under a farm business tenancy is aggrieved by—
the tenant may by notice in writing given to the landlord demand that the question shall be referred to arbitration under this section; but this subsection has effect subject to subsections (2) and (3) below.
No notice under subsection (1) above may be given in relation to any tenant’s improvement which the tenant has already provided or begun to provide, unless that improvement is a routine improvement.
No notice under subsection (1) above may be given—
Where the tenant has given notice under subsection (1) above but no arbitrator has been appointed under an agreement made since the notice was given, the tenant or the landlord may apply to a professional authority, subject to subsections (9) and (9A) below, for the appointment of an arbitrator by that authority.
The arbitrator shall consider whether, having regard to the terms of the tenancy and any other relevant circumstances (including the circumstances of the tenant and the landlord), it is reasonable for the tenant to provide the tenant’s improvement.
Subject to subsection (9) below, the arbitrator may unconditionally approve the provision of the tenant’s improvement or may withhold his approval, but may not give his approval subject to any condition or vary any condition required by the landlord under section 17(3) of this Act.
If the arbitrator gives his approval, that approval shall have effect for the purposes of this Part of this Act and for the purposes of the terms of the farm business tenancy as if it were the consent of the landlord.
In a case falling within subsection (1)(c) above, the withholding by the arbitrator of his approval shall not affect the validity of the landlord’s consent or of the condition subject to which it was given.
Where, at any time after giving a notice under subsection (1) above in relation to any tenant’s improvement which is not a routine improvement, the tenant begins to provide the improvement—
An application may not be made to a professional authority under subsection (4) above in any case by the landlord or the tenant if the other of them has already made an application to a professional authority under that subsection in that case.
For the purposes of this section—
“fixed equipment” includes any building or structure affixed to land and any works constructed on, in, over or under land, and also includes anything grown on land for a purpose other than use after severance from the land, consumption of the thing grown or its produce, or amenity;
“routine improvement”, in relation to a farm business tenancy, means any tenant’s improvement which— but does not include any improvement whose provision is prohibited by the terms of the tenancy.
(a)is a physical improvement made in the normal course of farming the holding or any part of the holding, and
(b)does not consist of fixed equipment or an improvement to fixed equipment,