Dallhold Estates (UK) Pty Ltd v Lindsey Trading Properties Inc
Dallhold Estates (UK) Pty Ltd v Lindsey Trading Properties Inc
- 1994
- Estates Gazette (1994) 17 EG 148-154(7) .
CA 19 November 1993. D, a tenant, failed to pay quarterly rent for a year. L served a notice to pay which, after being unanswered for two months, was followed by notice to quit under the Agricultural Holdings Act. This was challenged by D asking whether L had served a notice under the Landlord and Tenant Act 1987 s48. L confirmed D`s address and reissued a notice to pay. D applied for and was granted a declaration that no rent was due as a s48 notice had not been served. The decision was overturned on L`s appeal and D`s cross-appeal, contending that the rent was irrecoverable, was quashed.
AGRICULTURAL HOLDINGS ACT 1986 SCH 3 CASE D
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
LANDLORD AND TENANT ACT 1987 S48
NOTICE TO PAY
NOTICE TO QUIT
RENT ARREARS
CA 19 November 1993. D, a tenant, failed to pay quarterly rent for a year. L served a notice to pay which, after being unanswered for two months, was followed by notice to quit under the Agricultural Holdings Act. This was challenged by D asking whether L had served a notice under the Landlord and Tenant Act 1987 s48. L confirmed D`s address and reissued a notice to pay. D applied for and was granted a declaration that no rent was due as a s48 notice had not been served. The decision was overturned on L`s appeal and D`s cross-appeal, contending that the rent was irrecoverable, was quashed.
AGRICULTURAL HOLDINGS ACT 1986 SCH 3 CASE D
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
LANDLORD AND TENANT ACT 1987 S48
NOTICE TO PAY
NOTICE TO QUIT
RENT ARREARS