No. 190 Rent Reviews under the Agricultural Holdings Act 1986

No. 190 Rent Reviews under the Agricultural Holdings Act 1986

ISBN 978 1 901 434 35 4

Price: £25.00

Foreword

It is almost eight years since the last CAAV/RICS publication on rent reviews under the 1986 Act. There have been a considerable number of changes since that time, not least those arising through TRIG reforms to the 1986 Act in 2006 but also with CAP reforms and the rapidly changing economic background. Many of these changes have not been tested either at law or arbitration.

This task has required a full overhaul of the text with necessary amendments and alterations to ensure that it is of assistance to all levels of the profession. It comes at a time when more rent reviews are underway after a number of years with relatively few contested rent reviews. This publication highlights the issues which might arise and offers possible approaches to be applied on a professional appraisal of the circumstances.

In particular, there are new sections covering:

• Arbitration – since the TRIG reforms have abolished the old rules and all arbitrations are now to be handled under the rules of the Arbitration Act 1996, and
• The Single Payment system.

We thank all members of both organisations for their contributions that have helped with the development of this paper, including the RICS Rural Faculty Board and the CAAV’s Property and Valuation, Compensation and Taxation Committees. We record our special appreciation to those most centrally involved: Jeremy Moody, Secretary and Adviser to the CAAV who has nursed and managed the paper from its inception, and to Charles Cowap who has been the focus of the RICS Rural Faculty’s commitment to it. We are also grateful to Ben Sharples of Burges Salmon for reviewing the text, Peter Horne for his patient comments on the arbitration text as it developed and other leading practitioners for their comments along the way.

On behalf of all rural surveyors and agricultural valuers we commend this publication to all who will be working in this area, to use and interpret wisely.