AHA 1986 Amendments

As is often the case at the end of a Parliament, a number of measures are pushed through at the last minute.  The Deregulation Act 2015 has passed through some-long proposed amendments to the Agricultural Holdings Act 1986.  The measures include;

• With effect from 27^th May 2015, parties will have the option to use third party expert determination as an alternative to arbitration to resolve disputes, except for notices to quit.  The decision will final and binding.
• A repeal of the present regulations governing end-of-tenancy compensation for short term improvements and tenant right matters.  This removes the prescribed approach for calculating end-of-tenancy compensation claims.  It is recognised that the Statutory Instruments which included more detailed provisions on calculating short term improvements and tenant right matters are now out of date.  This change will come into force on 1^st October 2015, meaning Michaelmas tenancies ending on 29^th September 2015 will fall under theold rules.  Any ending after this date will be under the new rules.
• An update to the Model Clauses.  The 1973 Regulations and their 1988 amendments will be replaced as from 1^st October 2015 by the Model Clauses (The Agriculture (Model Clauses for Fixed Equipment) (England) Regulation 2015).

The 1986 Act applies to England and Wales so none of these changes affect Scotland and Northern Ireland.  The Welsh Assembly now has full power over agricultural tenancy law.  Wales has already agreed that third party determination will apply in Wales.  With regards to the latter two amendments it is understood that the Welsh Government intends to bring forward similar changes in due course.