Trustees of FP Saunders deceased v Ralph
Trustees of FP Saunders deceased v Ralph
- 1993
- Estates Gazette (1993) 28 EG 127-132(6) .
QBD 9 March 1993. R was grandson of the original tenant of two farms owned by F. R`s grandfather and father had been party to an agreement in 1957 to become joint tenants. In due course the tenants died or retired leaving R to apply to ALT for a declaration of entitlement to succession. R won his claim. F appealed. F`s case was that R was `second successor` as a consequence of the 1957 agreement which had the effect, under the Agricultural Holdings Act 1986, of surrendering and regranting the tenancy, or acting as a first succession. Held that `1957` was a variation only and so the terms of the 1986 Act were not relevant; held in R`s favour.
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
SUCCESSION
QBD 9 March 1993. R was grandson of the original tenant of two farms owned by F. R`s grandfather and father had been party to an agreement in 1957 to become joint tenants. In due course the tenants died or retired leaving R to apply to ALT for a declaration of entitlement to succession. R won his claim. F appealed. F`s case was that R was `second successor` as a consequence of the 1957 agreement which had the effect, under the Agricultural Holdings Act 1986, of surrendering and regranting the tenancy, or acting as a first succession. Held that `1957` was a variation only and so the terms of the 1986 Act were not relevant; held in R`s favour.
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
SUCCESSION