Bell v McCubbin
Bell v McCubbin
- 1989
- Estates Gazette (1989) 39 EG 100 .
CA 13 July 1989. Appeal against decision to allow an arbitrators award under the Agricultural Holdings Act 1986 in favour of the landlord who had served a notice to quit on the tenant for part of an agricultural holding . The tenancy had included a partial recovery clause under which the landlord gave notice to recover a farmhouse . The tenant objected on the basis of sufficiency of the notice to quit . This was determined in favour of the landlord and upheld by the judge. There is no appeal on that finding. The tenant objected that the matter was not covered by Agricultural Holding Act 1986 Schedule 3 Case B whereby possession can be obtained without going through a tribunal when a property is required for a non-agricultural use for which planning consent has been sought. CA allowed the appeal on the grounds that consent was not required to change the use of the house to residential rather than agricultural use. Case B did not apply.
MAFF V JENKINS
RESIDENTIAL USE
CA 13 July 1989. Appeal against decision to allow an arbitrators award under the Agricultural Holdings Act 1986 in favour of the landlord who had served a notice to quit on the tenant for part of an agricultural holding . The tenancy had included a partial recovery clause under which the landlord gave notice to recover a farmhouse . The tenant objected on the basis of sufficiency of the notice to quit . This was determined in favour of the landlord and upheld by the judge. There is no appeal on that finding. The tenant objected that the matter was not covered by Agricultural Holding Act 1986 Schedule 3 Case B whereby possession can be obtained without going through a tribunal when a property is required for a non-agricultural use for which planning consent has been sought. CA allowed the appeal on the grounds that consent was not required to change the use of the house to residential rather than agricultural use. Case B did not apply.
MAFF V JENKINS
RESIDENTIAL USE