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 (Civil Division)
    • 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 (Civil Division)
    • 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.

  • Spath Holme Ltd v North Western Rent Assessment Committee and another
    • Queen's Bench Division (Administrative Court)
    • 12 Jul 2001

    I say 'if this case is returned' since I did wonder in the course of argument whether because of the cap the error in reducing the amount as they did was material. However Mr. Rodger supported Mr. Gavaghan in submitting that if I decided the Committee had erred in their approach to voids I should quash the decision and send the case back for reconsideration.

  • 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.

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Books & Journal Articles
  • Agricultural practices in a drought-prone region of India: opportunities for S&T innovations
    • Nbr. 16-4, October 2019
    • World Journal of Science, Technology and Sustainable Development
    • 208-226
    Purpose: The purpose of this paper is to assess the agricultural practices in a drought-prone region of India in an effort to find out how science, technology and innovation (STI) measures can addr...
    ......This study has been planned with two specific objectives: to study the agricultural practices of small and marginal-holding farmers in a drought-prone region and to examine the opportunities for suitable interventions to mitigate the impacts of droughts. The study is based ......
  • Between 'Land Grabs' and Agricultural Investment: Land Rent Contracts with Foreign Investors and Ethiopia's Normative Setting in Focus
    • Nbr. 5-2, July 2011
    • Mizan Law Review
    • Elias N. Stebek
    • (LL.B, LL.M, PhD. Candidate), Asst. Professor; Dean, School of Graduate Studies, St. Mary's University College
    • 175-214
    This article examines whether the land rent contracts and the Ethiopian legal framework on rural land use rights can assure win-win mutual benefits expected from large-scale land transfers to forei...
    ...... transfers are made without prior mapping and demarcation of protected forests and wildlife, and where registration and the issuance of land-holding certificates to smallholder farmers and pastoralists have not yet been made. The article suggests the need to rectify the gaps in the land transfer ......
  • Statutes And Reports Of Committees: Report of the Committee on Housing in Greater London1 Rent Act 1965
    • Nbr. 29-2, March 1966
    • The Modern Law Review
    ...... permanent systems of protection for tenants of agricultural holdings or business premises.4 In 1962 public opinion became ......
  • Statutes
    • Nbr. 3-3, January 1940
    • The Modern Law Review
    ...... 1927, the Leasehold Property (Repairs) Act, the Agricultural Holdings Acts, all superimpose inescapable terms, all ......
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Law Firm Commentaries
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