AGRICULTURAL HOLDINGS BILL 369 



award, for the payment of money awarded for compen- 

 sation, costs, or otherwise. 



Fair Rent. 



20. (i.) Either party to a contract of tenancy may apply to Fair rent, 

 the arbitrator to determine what is a fair rent to be paid 

 by the tenant to the landlord for the holding. 



In determining what is a fair rent the arbitrator shall 

 take into account — 



1. The earning capacity of the holding. 



2. The special circumstances or character of the holding, 



including the effect, if any, of restrictive covenants 

 or stipulations. 



3. All special circumstances affecting farming operations 



in the district in which the holding is situate. 



4. The value, if any, of unexhausted improvements made 



by the tenant or his predecessors. 



5. The value of the tenant's own labour as superintendent 



or otherwise. 



(2.) The rent so determined (in this Act referred to as the 

 arbitration rent) shall be deemed to be the rent payable by 

 the tenant as from the period commencing at the rent day 

 next succeeding the decision of the arbitrator, and shall 

 come in place of the existing rent, and, save by mutual 

 agreement, the arbitration rent shall not be altered for a 

 period of three years from such term. 



(3.) Where the arbitrator shall decide that the fair rent 

 shall be a sum more or less in amount than the existing 

 rent, the tenant shall be bound or entitled, as the case may 

 be, at the next payment of rent, to add to or deduct from 

 the amount of the arbitration rent such sum or sums as 

 will bring the amounts paid to the amount due under the 

 arbitration rent in respect of the period between the date 

 of the notice of application to fix the fair rent and the date 

 when such rent was fixed. 



(4.) When an application is lodged with the arbitrator to 

 fix a fair rent it shall be in the power of the arbitrator, 

 either uniier the same or under another application of the 

 tenant, to stay all proceedings for the removal of the tenant 

 in respect of non-payment of rent till the said application 

 is finally determined, upon such terms as to payment of 

 rent or otherwise as the arbitrator shall think fit. 



2 A 



