Lancashire County Council v Joseph Taylor and the SoS for Environment, Food and Rural Affairs
Publication details: 2004Subject(s):- LANCASHIRE CC V TAYLOR AND ANOTHER
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
- AGRICULTURAL HOLDINGS ACT 1986
- AGRICULTURAL HOLDINGS (ARBITRATION ON NOTICES) ORDER 1987
- NOTICES TO QUIT
- BREACH OF AGREEMENT
- SECURITY OF TENURE
- LANDLORD AND TENANT-AGRICULTURAL TENANCIES-CASE LAW
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS67747 (Browse shelf(Opens below)) | 1 | Available | 126055-1001 | |
| Law report | Virtual Online | ONLINE (Browse shelf(Opens below)) | 1 | Available | 126055-2001 |
[2004] EWHC 776 (QB), 7 April 2004. Raises a number of issues concerning the compatability of the Agricultural Holdings Act 1986, and subordinate legislation made under it by the Convention for the Protection of Human Rights and Fundamental Freedoms, and the effect of the Human Rights Act 1988 on acts of public authorities before it came into force. The issues concern the provision of the 1986 Act and subordinate legislation relating to a claim by landlord C for possession of an agricultural holding on the grounds that tenant T failed to comply with a statutory notice requiring him to remedy a breach of his tenancy agreement. T argued that the applicable provisions of the 1986 Act are incompatible with the Convention and that as a result L's application to terminate tenancy had no legal effect. "Held": T failed to establish that his human rights were breached as the 1986 Act did not affect his right of access to the ordinary courts before service of a notice to quit. The Convention did not affect T's security of tenure. T was entitled to possession. T's counter-claim for damages and declarations was dismissed. View decision at www.bailii.org.