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The Kingsbridge Pension Fund Trust v Downs, Re: Milstead Farm (Landlord and Tenant – Agricultural Holdings Act 1986): UTLC 6 Jun 2017

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 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

Secretary of State for Defence v Spencer and Another: ChD 17 Oct 2002

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

William Smith (Wakefield) Ltd v Parisride Ltd: Admn 23 Mar 2005

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

Turner and Others v Thomas and Another: ChD 26 May 2022

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

McGowan and Gibbons v Jewell: CA 28 Feb 2002

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

Grammer v Lane and Others: CA 2 Dec 1999

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

Ministry of Defence v Spencer and Another: CA 22 May 2003

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

Smyth-Tyrrell and Another v Sowden: ChD 14 Jul 2017

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

Smyth-Tyrrell and Another v Bowden: ChD 2 Feb 2018

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

Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016

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

Welby and Another v Casswell: QBD 28 Mar 1994

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

J S Bloor (Measham) Ltd v Eric Myles Calcott: ChD 23 Nov 2001

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

Barrett and others v Morgan: HL 27 Jan 2000

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

Rees v Windsor-Clive and Others: ChD 11 Nov 2020

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

Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004

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

Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others: HL 16 Oct 1997

(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

Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995

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

Goldsworthy v Brickell: CA 1987

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