Gisbourne and another v Burton
Gisbourne and another v Burton
- 1988
- Estates Gazette (8838) 24 September 1988, 129-140(7) .
CA 21 July 1988. Appeal by Burton (B) against a decision in the county court granting possession to Gisbourne and another (G), representatives of the deceased Christopherson (C). C owned a farm which he had trouble farming. B, a neighbour, offered to farm it and C consulted his solicitor who devised a scheme whereby B would be prevented from benefitting from security of tenure under the Agricultural Holdings Act 1948 . C granted a tenancy of the farm to his wife, who in turn granted a sub-tenancy to B - thus B became a sub-tenant of C. In 1984, C died and his representatives, G, served notice to quit on his widow; she did not serve a counternotice and her tenancy expired. G then claimed possession of the farm without serving any notice to quit, on the ground that the appellants sub-tenancy had come to an end. The county court judge made an order for possession and B appealed to the CA. At issue was whether the grant of a tenancy and a sub-tenancy was a "sham" designed to avoid securi
AGRICULTURAL HOLDINGS NOTICES TO QUIT ACT 1977 S2
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
JOHNSON V MORETON
CA 21 July 1988. Appeal by Burton (B) against a decision in the county court granting possession to Gisbourne and another (G), representatives of the deceased Christopherson (C). C owned a farm which he had trouble farming. B, a neighbour, offered to farm it and C consulted his solicitor who devised a scheme whereby B would be prevented from benefitting from security of tenure under the Agricultural Holdings Act 1948 . C granted a tenancy of the farm to his wife, who in turn granted a sub-tenancy to B - thus B became a sub-tenant of C. In 1984, C died and his representatives, G, served notice to quit on his widow; she did not serve a counternotice and her tenancy expired. G then claimed possession of the farm without serving any notice to quit, on the ground that the appellants sub-tenancy had come to an end. The county court judge made an order for possession and B appealed to the CA. At issue was whether the grant of a tenancy and a sub-tenancy was a "sham" designed to avoid securi
AGRICULTURAL HOLDINGS NOTICES TO QUIT ACT 1977 S2
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
JOHNSON V MORETON