Tustian and another v Johnston and another
Tustian and another v Johnston and another
- 1993
- All England Law Reports (1993) 2 AllER 673-683(11) .
ChD 13 March 1993. It was held that the tenants` claim for damages against the landlord for breach of repairing obligation had to be stayed pending the decision of the arbitrator on the extent of the repairing obligations and the extent of their breach. Under Agricultural Holdings Act 1986 s84(1) excluded the Arbitration Act 1950 and therefore the court had no discretion to allow actions to continue.
AGRICULTURAL (MAINTENANCE REPAIR AND INSURANCE OF FIXED EQUIPMENT)
AGRICULTURAL HOLDINGS ACT 1986 S84(1)
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
ARBITRATION ACT 1950 S4
REPAIRING OBLIGATIONS
ChD 13 March 1993. It was held that the tenants` claim for damages against the landlord for breach of repairing obligation had to be stayed pending the decision of the arbitrator on the extent of the repairing obligations and the extent of their breach. Under Agricultural Holdings Act 1986 s84(1) excluded the Arbitration Act 1950 and therefore the court had no discretion to allow actions to continue.
AGRICULTURAL (MAINTENANCE REPAIR AND INSURANCE OF FIXED EQUIPMENT)
AGRICULTURAL HOLDINGS ACT 1986 S84(1)
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
ARBITRATION ACT 1950 S4
REPAIRING OBLIGATIONS