Dockerill v Fitzpatrick
Dockerill v Fitzpatrick
- 1989
- Estates Gazette (1989) 02 EG 75-81(4) .
CA 5 May 1988. An appeal by Fitzpatrick (F), from a County Court decision, granting the landlord, the present respondent, an order for possession of land for non-payment of rent. Briefly, there was an agreement by which F was to have a tenancy of the land for 10 years, with an option to be exercised on expiry, to purchase a minimum of four acres - the price to be agreed or determined by arbitration if necessary. F subsequently gave notice to exercise the option , but there was no agreement between the parties on the price, and no reference to arbitration. F remained in occupation, but paid no rent. Eventually he was served with a notice for payment of rent followed by a notice to quit under the Agricultural Holdings (Notices to Quit) Act 1977 s2(3) Case D . The landlord sold the land to the present respondent with an assignment to collect the rent. The respondent commenced proceedings for possession. F contended that although the tenancy had ceased he occupied the land as a potential
RENT ARREARS
CA 5 May 1988. An appeal by Fitzpatrick (F), from a County Court decision, granting the landlord, the present respondent, an order for possession of land for non-payment of rent. Briefly, there was an agreement by which F was to have a tenancy of the land for 10 years, with an option to be exercised on expiry, to purchase a minimum of four acres - the price to be agreed or determined by arbitration if necessary. F subsequently gave notice to exercise the option , but there was no agreement between the parties on the price, and no reference to arbitration. F remained in occupation, but paid no rent. Eventually he was served with a notice for payment of rent followed by a notice to quit under the Agricultural Holdings (Notices to Quit) Act 1977 s2(3) Case D . The landlord sold the land to the present respondent with an assignment to collect the rent. The respondent commenced proceedings for possession. F contended that although the tenancy had ceased he occupied the land as a potential
RENT ARREARS