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No. 221 The 2015 Model Clauses for England

No. 221 The 2015 Model Clauses for England

ISBN 978 1 901 434 74 3

Price: £75


Statutory regulations setting a default division of liabilities between the agricultural landlord and tenant for the maintenance and insurance of fixed equipment in England and Wales were first introduced in 1948 as part of the post-war legislation to strengthen and develop the industry. They have become part of the fabric of the sector with many tenancies simply relying on their existence to cover these issues. The regulations were overhauled 25 years later in 1973 and now, 42 further years on, new regulations come into force (for England only at this stage) at the beginning of October 2015. Substantially overhauled, they respond to the changes in modern farming practice and equipment, introducing new items to which the regulations will apply and changing certain liabilities between the parties.

Encouraged by the Macdonald Farming Regulation Task Force, these new regulations have developed through the work of the Tenancy Reform Industry Group (TRIG), and a DEFRA consultation. The CAAV’s Secretariat has been closely involved throughout this process with the support of members of the Association’s Property Committee in seeking clarification and modernisation of these important provisions in the new Model Clauses, SI 2015 No. 950.

This publication has been prepared in the light of that experience and involvement. The CAAV also records here its grateful thanks to DEFRA officials for their kind review of a draft of this text. The observations, interpretation and commentary remain those of the CAAV.


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