Source: All England Reporter
Publisher Citation: [2002] All ER (D) 248 (Oct)
Court: Chancery Division

Neuberger J

Representation Caroline Hutton (instructed by Bircham Dyson Bell) for the Secretary of State.
  Anthony Tanney (instructed by Burges Salmon, Bristol) for the respondents.
Judgment Dates: 17 October 2002


Landlord and tenant - Rent - Rent review - Arbitration - Arbitrator's jurisdiction to determine rent - s 12, Sch 2, paras 4, 6.

The Case

The Secretary of State's appeal against the recorder's decision that to the Agricultural Holdings Act 1986 did not apply, and consequently the arbitrator was precluded from fixing the rent, was allowed on the ground that the arrangement in the 2000 agreement between the parties amounted to 'any other variation of the terms of the tenancy' within para 6(b). Accordingly, the recorder had reached the wrong conclusion, and the arbitrator had jurisdiction to assess the rent.

Practice Areas

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