Acts
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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
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 notification. The claimants said that they could have considered alternative ways of protecting the land … Continue reading Fisher and Another v English Nature: Admn 4 Jul 2003
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 in fact remedy the breaches before the end of the tenancy. The tenant … Continue reading Crewe Services and Investment Corporation v Silk: CA 2 Dec 1997
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 rules of good husbandry and personally to reside in the farmhouses. They … Continue reading National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997
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: [1950] 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
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
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: [2017] 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
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
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 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 . .