The agricultural landlord sold part of his land subject to the respondent’s tenancy to the appellant. Before the transfer was registered, notices to quit were served by both the landlord and his buyer. The tenant challenged both notices in the County court, against whose finding and order that the notices were invalid, both defendants now appealed. The landlords argued that the usual requirement for such a notice to be given by the person in whom the reversionary estate is vested did not apply to an agricultural tenancy.
Held: The court rejected that argument. Distinguishing Scribes, West, the argument under section 141 of the 1925 Act failed also.
Norris J
[2016] EWHC 2454 (Ch), [2016] WLR(D) 519
Bailii, WLRD
Land Registration Act 2002 27(10, Agricultural Holdings Act 1986 96, Law of Property Act 1925 141(2), Land Registration Act 2002 24
England and Wales
Citing:
Cited – Stait v Fenner 1912
The lease to Fenner contained a break clause. The lease was legally assigned to X and then to Y. Y then agreed to assign back to Fenner (but no formal assignment was entered). Fenner then ‘assigned’ to Z (the contract saying that he was not obliged . .
Cited – Schalit v Joseph Nadler Ltd CA 1933
Mr Nadler was a lessee of property, part of which he sublet to the plaintiff. In 1931 he made a declaration of trust, under which he declared that the property was held in trust for his company, Joseph Nadler Ltd. Shortly after the company purported . .
Cited – Freeman v Hambrook 1947
. .
Cited – Thompson v McCullough CA 1947
Thompson had agreed to buy a tenanted property, had paid part of the purchase price, and had received a conveyance in escrow pending payment of the balance. He at that point gave McCullough notice to quit. Two months later Thompson paid the balance . .
Cited – Lever Finance Ltd v Needleman’s Trustee ChD 1954
In a mortgage, the transferee of a registered charge appointed a receiver during the ‘registration gap’.
Held: Until registration the transferee could not exercise the statutory power to appoint a receiver. . .
Cited – Smith v Express Dairy Limited ChD 1954
Express Dairy (as registered owner) let a shop to Smith, but then transferred its interest to a subsidiary company. The subsidiary did not become registered as owner but nonetheless served notice to quit on Smith.
Held: Unless the subsidiary . .
Cited – Divall v Harrison CA 1992
A notice to quit the agricultural land had been given in the name of the residuary beneficiary, not in the name of the executors in whom the reversion was still vested.
Held: The notice was invalid. The residuary beneficiary was not the . .
Cited – Renshaw v Magnet Properties South East LLP 2008
(Central London County Court) . .
Cited – Lankester and Son Ltd v Rennie and Another CA 2-Dec-2014
The transfer of a lease remained unregistered.
Held: The court acknowledged the importance of not confusing the equitable rights as between transferor and transferee with the legal rights as between landlord and tenant. . .
Distinguished – Scribes West Ltd v Relsa Anstalt and others CA 20-Dec-2004
The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and . .
Lists of cited by and citing cases may be incomplete.
Registered Land, Landlord and Tenant, Agriculture
Updated: 24 January 2022; Ref: scu.570346