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 and was dependant on the farm despite the absence of any profit.
Citations:
Gazette 03-May-1995, Times 18-Apr-1995, Independent 14-Apr-1995
Statutes:
Agricultural Holdings Act 1986 36(3)(a)
Jurisdiction:
England and Wales
Citing:
Appeal from – 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. . .
Cited by:
Appealed to – 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. . .
Lists of cited by and citing cases may be incomplete.
Agriculture, Landlord and Tenant
Updated: 27 October 2022; Ref: scu.90364
