Hammond v Allen and others
Hammond v Allen and others
- 1993
- Estates Gazette (1993) 08 EG 122-125(4) .
QBD 10 July 1992. The plaintiff, H, was the tenant of a farm on an agricultural tenancy for over 30 years and the defendants X are his landlords. The tenancy was taken by an oral agreement and H lives in the farmhouse. Over the years the farmhouse has fallen into serious disrepair and it is estimated that the cost of repair would be about £35,000. H does not have such a sum, cannot borrow it and contends that repairs are X`s responsibility. It is agreed that by virtue of Agricultural Holdings Act 1986 s7 the Fixed Equipment Model Clauses set out in Agricultural (Maintenance, repair and insurance of fixed equipment) Regulations 1973 (SI 1973:1473) are `deemed to be incorporated` in H`s contract of tenancy. By clause 1(1) of that the landlord has the right and liability for `all repairs and replacements to the under mentioned parts of the farmhouse`. H served a notice dated 12 January 1990 requesting X to make the necessary repairs. After a three month period H were entitled to do the
AGRICULTURAL (MAINTENANCE REPAIR AND INSURANCE OF FIXED EQUIPMENT)
AGRICULTURAL HOLDINGS ACT 1986 S7
FIXED EQUIPMENT MODEL CLAUSES
REPAIRS
QBD 10 July 1992. The plaintiff, H, was the tenant of a farm on an agricultural tenancy for over 30 years and the defendants X are his landlords. The tenancy was taken by an oral agreement and H lives in the farmhouse. Over the years the farmhouse has fallen into serious disrepair and it is estimated that the cost of repair would be about £35,000. H does not have such a sum, cannot borrow it and contends that repairs are X`s responsibility. It is agreed that by virtue of Agricultural Holdings Act 1986 s7 the Fixed Equipment Model Clauses set out in Agricultural (Maintenance, repair and insurance of fixed equipment) Regulations 1973 (SI 1973:1473) are `deemed to be incorporated` in H`s contract of tenancy. By clause 1(1) of that the landlord has the right and liability for `all repairs and replacements to the under mentioned parts of the farmhouse`. H served a notice dated 12 January 1990 requesting X to make the necessary repairs. After a three month period H were entitled to do the
AGRICULTURAL (MAINTENANCE REPAIR AND INSURANCE OF FIXED EQUIPMENT)
AGRICULTURAL HOLDINGS ACT 1986 S7
FIXED EQUIPMENT MODEL CLAUSES
REPAIRS