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Stradbroke (Earl of) v Mitchell

Language: English Series: Estates Gazette ; (1991) 03 EG 128-135; 04 EG 132-136(10)Publication details: 1991Subject(s): Summary: CA 31 July 1990 Appeal by landlord (S) from ChD decision that a notice to quit given by S purporting to terminate the tenancy of two farms held by the defendant (M), was a nullity because of fraudulent misrepresentations contained in the notice. S had served a notice on M in accordance with Agricultural Holdings Act 1986 Sched 3 Case E on the grounds that M had let five cottages on the tenanted land, in breach of covenant, to people not working on the farm. M contended that S had previously given his consent to four of the lettings or they were not in fact let in breach of covenant. With regard to the fifth, the letting had already come to an end before the service of the notice and therefore did not constitute an irremediable breach. After considering four questions raised by the case, CA held, dismissing the appeal, that a notice to quit was invalid and to no effect if it contained a statement which was false and which the landlord had made fraudulently, whether or not the tenant....
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Law report London Journal article ABS43982 (Browse shelf(Opens below)) 1 Available 44561-1001

CA 31 July 1990 Appeal by landlord (S) from ChD decision that a notice to quit given by S purporting to terminate the tenancy of two farms held by the defendant (M), was a nullity because of fraudulent misrepresentations contained in the notice. S had served a notice on M in accordance with Agricultural Holdings Act 1986 Sched 3 Case E on the grounds that M had let five cottages on the tenanted land, in breach of covenant, to people not working on the farm. M contended that S had previously given his consent to four of the lettings or they were not in fact let in breach of covenant. With regard to the fifth, the letting had already come to an end before the service of the notice and therefore did not constitute an irremediable breach. After considering four questions raised by the case, CA held, dismissing the appeal, that a notice to quit was invalid and to no effect if it contained a statement which was false and which the landlord had made fraudulently, whether or not the tenant....