Landlord and tenant – Agricultural Holdings Act 1986 – right to succession on retirement of tenant – eligibility dependent on nominated successor deriving principal livelihood from the holding for five years ‘in the last seven years’ – whether this ‘livelihood condition’ must be satisfied for the seven year period prior to the Tribunal’s determination of … Continue reading The Kingsbridge Pension Fund Trust v Downs, Re: Milstead Farm (Landlord and Tenant – Agricultural Holdings Act 1986): UTLC 6 Jun 2017
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Appeal from a decision as to whether equitable set-off can be applied to the statutory procedure under Case D in Schedule 3 to the Agricultural Holdings Act 1986. . .
An agricultural tenancy was varied by the addition of a small plot of land. The tenant argued that this led to a postponement of the review under the Act. The landlord appealed. Held: The addition of a plot could not properly be seen as a variation of the boundaries, but the description of the land … Continue reading Secretary of State for Defence v Spencer and Another: ChD 17 Oct 2002
The claimant was a tenant of agricultural land. He sought repairs, and served a notice on the executors of the now deceased landlord, but only later were letters of administration granted to the defendants. The judge had found the service of the notice good, because he had no notice of whom the notice could be … Continue reading Lodgepower Ltd v Taylor: CA 22 Oct 2004
Landlord and Tenant – Agricultural Holdings Act 1986 Citations:  UKUT 9 (LC) Links: Bailii Statutes: Landlord and Tenant – Agricultural Holdings Act 1986 Jurisdiction: England and Wales Landlord and Tenant Updated: 23 June 2022; Ref: scu.657249
The tenant farmer served two notices both referring the landlord’s notice to quit to arbitration (s28(4)) and also a counter-notice (s28(2)). The landlord said he could not serve both and had not identified which he wished to proceed upon. No referral in fact took place. Held: The legislation contemplated only one decision about the tenancy, … Continue reading William Smith (Wakefield) Ltd v Parisride Ltd: Admn 23 Mar 2005
Judges: Stanley Brunton J Citations:  EWHC 776 (QB) Links: Bailii Statutes: Agricultural Holdings Act 1986, European Convention on Human Rights Jurisdiction: England and Wales Agriculture, Landlord and Tenant, Human Rights Updated: 10 June 2022; Ref: scu.195571
This appeal raises the question of the validity of a landlord’s notice to quit agricultural premises under the Agricultural Holdings Act 1986 (the ‘1986 Act’), addressed to, and served upon, the original tenant shortly after the lease had been assigned by the original tenant (without the knowledge of the landlord) to a company of which … Continue reading Turner and Others v Thomas and Another: ChD 26 May 2022
The tenant took farm premises subject to a lease allowing its use for farming purposes only. It prevented its use as a market garden, which would have allowed compensation to be claimed on its termination. He had come to operate several activities from the farm. The landlords claimed that the new activities were in breach … Continue reading McGowan and Gibbons v Jewell: CA 28 Feb 2002
Citations:  EWCA Civ 1062 Statutes: Agricultural Holdings Act 1986 Jurisdiction: England and Wales Landlord and Tenant, Agriculture, Arbitration Updated: 30 May 2022; Ref: scu.144541
A farm with 23 acres was let in 1902. The term passed to Alfred and William Burge, a father and son farming in partnership. On the later dissolution of the partnership, the house and five acres of land were assigned to Alfred and the remaining 18 acres were assigned to William. The house and five … Continue reading Lester v Ridd: CA 1990
Lord Evershed said: ‘If the subsection applies to it, it must be capable of being so modified (and that must mean modified consistently with its own terms) as to become enlarged into a tenancy from year to year.’ Judges: Lord Evershed MR Citations:  1 KB 708 Statutes: Agricultural Holdings Act 1986 2(1) Jurisdiction: England … Continue reading Goldsack v Shore: CA 1950
A partnership involving the plaintiff took a tenancy of agricutural land. The plaintiff then said that the tenency had been extended to other land. The successor to the freehold denied that extension, but served a rent demand and for repairs both ‘without prejudice’ to the question of the existence of the tenancy. Matters were referred … Continue reading Grammer v Lane and Others: CA 2 Dec 1999
The parties had varied the agricultural tenancy. A small parcel had been added, and the rent increased to reflect only that additional land. The tenant claimed that, under the Act, this operated to skip the next rent review. Held: The phrase ‘terms of the tenancy’ was not a term of art, but was to be … Continue reading Ministry of Defence v Spencer and Another: CA 22 May 2003
The land-owner held an agricultural holding. He wanted to let it but, in doing so, to deprive the tenant of the benefit of the statutory regime giving security of tenure. So he let the property to his wife, and his wife granted a sub-tenancy to the defendant. The freeholder subsequently died and his personal representatives … Continue reading Gisborne v Burton: CA 1988
Date of appointment is from when Arbitrator accepts invitation to act. Citations: Times 23-Feb-1994 Statutes: Agricultural Holdings Act 1986 Jurisdiction: England and Wales Arbitration Updated: 10 April 2022; Ref: scu.88825
Landlord’s application in their claim under the 1996 Act to challenge a final award in an arbitration against their tenant concerning notices, two to remedy, and two to quit, two holdings. Judges: Paul Matthews HHJ Citations:  EWHC 2331 (Ch) Links: Bailii Statutes: Arbitration Act 1996, Agricultural Holdings Act 1986 Jurisdiction: England and Wales Landlord … Continue reading Smyth-Tyrrell and Another v Sowden: ChD 14 Jul 2017
Application for a declaration that the property is an agricultural holding within the meaning of the Agricultural Holdings Act 1986, and/or an order for a new tenancy pursuant to section 24 of the Landlord and Tenant Act 1954 of the property, and/or a declaration that the tenancy of the property continues and/or that the claimants … Continue reading Smyth-Tyrrell and Another v Bowden: ChD 2 Feb 2018
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 … Continue reading Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016
To inherit agricultural tenancy, the tenant applicant must derive all his income from agricultural activities. The term ‘principal source of income’ didn’t include overdraft or outside earnings. Times 01-Apr-1994, Ind Summary 28-Mar-1994 Agricultural Holdings Act 1986 36 England and Wales Citing: Appealed to – Welby and Another v Casswell CA 14-Apr-1995 A farming tenant drew … Continue reading Welby and Another v Casswell: QBD 28 Mar 1994
Arbitration claim arising out of an arbitration award which determined the rent payable in relation to an agricultural holding Morgan J  EWHC 1101 (Ch) Bailii Agricultural Holdings Act 1986 England and Wales Landlord and Tenant, Agriculture Updated: 20 January 2022; Ref: scu.491842
His Honour Judge Jarman QC, Sitting as a Judge of the High Court  EWHC 3180 (Ch) Bailii Agricultural Holdings Act 1986 England and Wales Landlord and Tenant Updated: 02 January 2022; Ref: scu.670287
Short, discrete point of law about the interpretation of Case B(b)(ii) of Schedule 3 to the Agricultural Holdings Act 1986. Meade J  EWHC 2640 (Ch) Bailii Agricultural Holdings Act 1986 England and Wales Arbitration, Landlord and Tenant, Agriculture Updated: 30 December 2021; Ref: scu.654541
The tenant had claimed a tenancy under the Act. The landlord sought to assert a proprietary estoppel against them. There was nothing in the 1986 Act to stop the claimants relying on a proprietary estoppel and asserting their claims to occupation. The defendant’s tenancy was unenforceable against them. Mr Justice Hart Times 12-Dec-2001, Gazette 24-Jan-2002, … Continue reading J S Bloor (Measham) Ltd v Eric Myles Calcott: ChD 23 Nov 2001
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual nature of the deal, it was not in law a surrender. … Continue reading Barrett and others v Morgan: HL 27 Jan 2000
Alleged Serious Irregularity in Arbitration The claimant as tenant challenged an arbitration award alleging serious irregularities in the arbitration process under section 68 of the 1996 Act. The court considered whether at the time of service of the notice the land must then be required for use. Held: No serious irregularity was shown. Jarman QC … Continue reading Rees v Windsor-Clive and Others: ChD 11 Nov 2020
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to quit an agricultural tenancy. Held: The notice had … Continue reading Mason v Boscawen: ChD 18 Dec 2008
Statutory right to succeed to an agricultural tenancy . .
The tenant occupied his farm under a lease limiting his use of the farm. He was found to be trading in breach of his covenant and a notice to quit was issued and possession sought. He argued that the 1986 Act was discriminatory and inadequate to . .
The tenant claimed to have become a tenant under the provisions allowing for a succession to the agricultural tenancy. The landlord said that she failed to meet the livelihood conditions.
Held: The requirement to satisfy the condition applied . .
Whether notices to quit agricultural holdings were valid. . .
The conversion of an agricultural tenancy for less than year, to a tenancy from year to year, operated from the original agreement date, not the end of period of the first tenancy. The application of the section to the tenancy meant that the tenancy . .
The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might . .
A farming tenant drew his income from farming despite living off his overdraft on a small return from farming activities.
Held: The court should adopt a purposive construction. The right to inherit an agricultural tenancy survived if he worked . .
Arbitration time limits run from date when arbitrator is appointed. . .
Appeal from arbitrator’s award – use of farm for importing processing and selling milk – use covenant for agriculture only. . .
On a tenancy renewal, the landlord was found to have given grounds of opposition which he knew to be false or as to which he was reckless as to their truth or falsity.
Held: The notice did not operate as a valid notice, and the tenancy . .
Application for permission to appeal . .
Creation of Agricultural tenancy by different tenancies during year. . .
Second succession under 1986 Act – Land agent failing to give correct notices. . .
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the . .
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the … Continue reading Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004
The leased premises consisted of a dwelling house and agricultural land which had constituted an agricultural holding. The tenant alleged that the original agreement had been superceded by a subsequent contract which had the effect of moving the tenancy out of the protection of the Agricultural Holdings Act into the protection of the Rent Act. … Continue reading Russell v Booker: CA 1982
(Scotland) Joint pro indiviso proprietors of land were not able at law to create a binding lease in favour of one of their number, so as to defeat the proper claims of a third party. A person cannot enter into a contract with himself. Held: The appellant was not able to assert his rights as … Continue reading Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others: HL 16 Oct 1997
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for a link road as part of its application. Held: The offer of funding for the link … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995
The plaintiff had granted a tenancy of his substantial farm to the first defendant, and made him a partner. The first defendant later bought out the plaintiff who was in turn later reconciled with his only son who had previously had some considerable involvement with the farm. The plaintiff gave a general power to the … Continue reading Goldsworthy v Brickell: CA 1987
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the . .