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Durman and Others v Bell

Language: English Series: Estates Gazette ; (8826) 2 July 1988, 105-108(3)Publication details: 1988Subject(s): Summary: CA 1 February 1988. Appeal by landlords (D) from cc decision dismissing possession proceedings relating to a house on a farm, occupied by a former agricultural worker (B). B had been employed by the former owner of the farm (T) and occupied the house free of rent. T sold the farm, including the house to D. B continued to occupy the house free of rent and carried out relief milking for D one day a week. When B started a small builder`s business, he ceased his milking commitment, but continued to pay no rent. A threat of possession proceedings resulted in an application to register a fair rent under the Rent (Agriculture) Act 1976 . A fair rent was fixed and paid accordingly. Eventually D complained that B was running a builder `s business from the house and possession proceedings followed, D alleging that B`s statutory tenancy under the 1976 Act was automatically terminated when he used the premises for business. Cc judge held that there could not be an automatic termination of a stat
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS39505 (Browse shelf(Opens below)) 1 Available 17211-1001

CA 1 February 1988. Appeal by landlords (D) from cc decision dismissing possession proceedings relating to a house on a farm, occupied by a former agricultural worker (B). B had been employed by the former owner of the farm (T) and occupied the house free of rent. T sold the farm, including the house to D. B continued to occupy the house free of rent and carried out relief milking for D one day a week. When B started a small builder`s business, he ceased his milking commitment, but continued to pay no rent. A threat of possession proceedings resulted in an application to register a fair rent under the Rent (Agriculture) Act 1976 . A fair rent was fixed and paid accordingly. Eventually D complained that B was running a builder `s business from the house and possession proceedings followed, D alleging that B`s statutory tenancy under the 1976 Act was automatically terminated when he used the premises for business. Cc judge held that there could not be an automatic termination of a stat