The legal framework for the termination of an OEE, governed by the Agricultural Tenancies Act 1995, is set out in sections 5 and 7. Section 5 encroaches on the common law position with respect to TFS for a fixed term of more than 2 years by providing: – with respect to “termination clauses”, Section 7 takes precedence and complements the agreement between the parties for a period of more than two years. Section 7 provides that any termination in respect of all or part of a holding which, depending on a duration of the lease, is applicable, i.e.: An interruption clause which is served is not valid, except: – Example: Leon (an owner) agrees to lease his agricultural land to Freddy (a farmer) for a fixed period of 4 years. They agree that the maximum notice period is 24 months. Six months before the end of the lease, Leon Freddy sends a notice in 20 months. The temporary life ends and becomes a periodic lease agreement. A month later, Freddy decides to end the rental earlier. He gave Leon a minimum sentence of 12 months. The lease ends after 61 months, one month before Leon wants to end it. Paragraphs 9 and 10 contain optional interruption clauses (termination rights) for landlords and tenants. Those clauses should, where appropriate, be amended or deleted. Note that if an agricultural lease has a fixed term of more than two years, at least 12 months` notice must be given.
This is reflected in the definition of the interruption date. The parties may decide to include in their agreement interruption clauses that allow either to “break” after a certain period of time. If they choose to do so, they must be terminated at least 12 months in advance before resorting to the pause clause. Otherwise, the parties may mutually negotiate a handover of the lease, but there are no legal provisions to deal with this issue. This lease originally had cadastre clauses. If the lease has a duration of more than 7 years, these clauses must be fulfilled, otherwise the tenant will encounter problems if he tries to declare the lease to the cadastre. Rental contracts with a duration of more than 7 years are subject to the obligation to register with the cadastre. Even if the parties do not enter into specific agreements to break out of the provisions of the Rent Audit Act, they can nevertheless decide for themselves how often rent checks should take place. The law provides for no less than three years. The prescribed clauses are not necessarily necessary for a rental agreement with a term of 7 years or less, but it is advisable to use them, as they usefully record the main conditions.
Both parties can apply the arbitration provisions of the law to virtually any dispute under the agreement. An arbitration procedure is time-consuming and expensive, but unfortunately, a court application is probably routinely referred to arbitration….