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Barrett and others v Morgan.

Series: Weekly Law Reports ; (1999) WLR 1109-1123(15)Publication details: 1999Subject(s): Summary: CA 29/30 June 1998. The owner of an agricultural holding granted himself and his two sons an annual tenancy terminable by 12 months' notice on either side. When the owner died, the freehold reversion was vested in his executors, the first and second plaintiffs (B), and the annual tenancy in his two sons. The land was sublet to the defendant (M), however B and the tenants then decided to sell the land. To obtain vacant possession from the sub-tenant, they decided that B would serve notices to quit on the tenants, who would not then serve counter-notices, in order to determine both the tenancy and the sub-tenancy without invoking the protection offered by the Agricultural Holdings Act 1986 s26(1). B then sought an order for possession against M, however the judge refused to make the order because the agreement was collusive. B appealed. "Held" appeal dismissed. A notice to quit served as part of an agreement between the landlord and tenant was indistinguishable from a surrender.
Holdings
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Journal article London Journal article ABS60802 (Browse shelf(Opens below)) 1 Available 101297-1001

CA 29/30 June 1998. The owner of an agricultural holding granted himself and his two sons an annual tenancy terminable by 12 months' notice on either side. When the owner died, the freehold reversion was vested in his executors, the first and second plaintiffs (B), and the annual tenancy in his two sons. The land was sublet to the defendant (M), however B and the tenants then decided to sell the land. To obtain vacant possession from the sub-tenant, they decided that B would serve notices to quit on the tenants, who would not then serve counter-notices, in order to determine both the tenancy and the sub-tenancy without invoking the protection offered by the Agricultural Holdings Act 1986 s26(1). B then sought an order for possession against M, however the judge refused to make the order because the agreement was collusive. B appealed. "Held" appeal dismissed. A notice to quit served as part of an agreement between the landlord and tenant was indistinguishable from a surrender.