Agricultural Holding in UK Law

Leading Cases
  • Johnson v Moreton
    • House of Lords
    • 27 Jul 1978

    If any clause such as clause 27 was valid landlords might well insist upon a similar clause being introduced into every lease; and prospective tenants, having no money with which to buy the land they wanted to farm, would, in reality, have had little choice but to agree. Accordingly if clause 27 is enforceable the security of tenure which Parliament clearly intended to confer, and did confer upon tenant farmers for the public good would have become a dead letter.

  • Elsden v Pick
    • Court of Appeal
    • 28 Mar 1980

    It may suit them both to determine a tenancy without waiting for what may be as long as nearly two years to bring it to an end. No statute could have so absurd an intention as to constrain a landlord and a tenant of an agricultural holding to remain bound in that relationship at a time when neither desires that it should endure. If they are in accord, can it matter whether they demonstrate that accord by an agreement to surrender or an agreement to accept short notice?

  • Bernays v Prosser
    • Court of Appeal
    • 26 Mar 1963

    It has been hold by this Court that there is a lamentable gap in the statute, A tenant of an agricultural holding for a fixed period betwoen one and two years is not entitled to the protection of the Act at all. He has to go out of his holding at the end of his terra without any protection, (See Gladstone v. Bower, 1960, 2 queen's Bench, p. 384). The gap has not been closed by Parliament even to this day, although we are told there is an agricultural Bill before Parliament at the moment.

  • Cowan v Wrayford
    • Court of Appeal
    • 16 Oct 1953

    In order that a notice to quit an agricultural holding should be good, it must be clear and unambiguous: and for that purpose it must eitherbe a simple notice without stating reasons at all, in which case it will operate under section 24, sub-section 1; or it must be a notice stating reasons as prescribed by sub-section 2, in which case it will operate under sub-section 2. In order that a notice to quit an agricultural holding should be good, it must be clear and unambiguous: and for that purpose it must eitherbe a simple notice without stating reasons at all, in which case it will operate under section 24, sub-section 1; or it must be a notice stating reasons as prescribed by sub-section 2, in which case it will operate under sub-section 2.

  • Featherstone v Staples
    • Court of Appeal
    • 12 Mar 1986

    I am driven to the conclusion that, if a land owner chooses to grant other persons a tenancy of agricultural land (whether or not including himself as a tenant), public policy (affirmatively) requires that those other tenants should have authority, or be treated as having authority, to serve an effective counter-notice under section 2(1) of the 1977 Act on behalf of all the tenants without his concurrence, and thus (negatively) requires the avoidance of any contractual condition, whether express or implied and whether contained in the tenancy agreement itself or in a partnership agreement or elsewhere, which purports to deny those other tenants such authority.

  • Gladstone v Bower
    • Court of Appeal
    • 27 Jul 1960

    If it were ever permissible for the Court to repair a defective Act of Parliament I should be very glad to do so in this case so far as it can. The Court would always allow the intention of a Statute to override the defects of wording but their ability to do so is limited by the recognised canons of interpretation. But here for the reasons given by the learned Judge there is no alternative construction it is simply a case of something being overlooked.

  • Ministry of Agriculture, Fisheries and Food v Jenkins
    • Court of Appeal
    • 12 Mar 1963

    Looking at the whole of the Town and Country Planning Act, 1947, I am satisfied that the Crown does not need to got planning permission in respect of its own interest in Crown lands. The reason it is exempt is, not by virtue of any provision in the Act itself, but by reason of the general principle that the Crown is not bound by an Act unless it is expressly or impliedly included.

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Books & Journal Articles
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Law Firm Commentaries
  • A Guide To The Agricultural Holdings Act
    • Mondaq UK
    • 7 de Diciembre de 2018
  • Old Or New? Which Address Should Be Used For Service Of Notices?
    • Mondaq UK
    • 13 de Septiembre de 2017
    ...... The main issue in this appeal was whether notice to quit an agricultural holding was validly served on the tenant, Mr Terence Grimes, by his ......
  • The Case For Terminating An AHA Tenancy
    • Mondaq UK
    • 7 de Diciembre de 2018
    ...One of the reasons for the introduction of the Agricultural Tenancies Act 1995 ("the 1995 Act") was to counter some of the more some provisions imposed by the Agricultural Holdings Act 1986 ("1986 Act"), not least the difficulty of terminating tenancies. ......
  • 129: Notice To Quit: A Commercial Approach
    • Mondaq UK
    • 31 de Agosto de 2017
    ...... been asked to decide whether a notice to quit served on an agricultural tenant was valid. The notice had been served on the tenant's address ... FACTS. The claimant farmed a large agricultural holding with his father for a number of years under successive tenancy agreements. ......
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