Hannaford v Smallacombe
Hannaford v Smallacombe
- 1994
- Estates Gazette 1994 15 EG 155-158(4) .
CA 16 December 1993. Respondent tenant H and appellant landlord S agreed to go to arbitration over a notice to quit issued under Agricultural Holdings Act 1986 sch3 case D. Arbitrator accepted appointment subject to completion of form of appointment by both parties. Arbitrator acknowledged notices on 18 September reminding both parties that their statements must be received within 35 days under para 7 Sched 11 of 1986 Act. Agreement between the parties was made on 12 September and was received by arbitrator on 14 September. On 19 October, the arbitrator informed tenant`s solicitor that as no evidence had been submitted by his client within the 35 days, he was time-barred. H argued that the 35 days ran from 18 September or the time period could be extended at the arbitrator`s discretion. CC decided in J`s favour. CA overturned CC ruling holding that H had not submitted his evidence within the time limit and found that S had correctly issued the notice to quit. Appeal allowed.
AGRICULTURAL HOLDINGS ACT 1986
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
NOTICE TO QUIT
TERMINATION OF TENANCY
TIME LIMITS
CA 16 December 1993. Respondent tenant H and appellant landlord S agreed to go to arbitration over a notice to quit issued under Agricultural Holdings Act 1986 sch3 case D. Arbitrator accepted appointment subject to completion of form of appointment by both parties. Arbitrator acknowledged notices on 18 September reminding both parties that their statements must be received within 35 days under para 7 Sched 11 of 1986 Act. Agreement between the parties was made on 12 September and was received by arbitrator on 14 September. On 19 October, the arbitrator informed tenant`s solicitor that as no evidence had been submitted by his client within the 35 days, he was time-barred. H argued that the 35 days ran from 18 September or the time period could be extended at the arbitrator`s discretion. CC decided in J`s favour. CA overturned CC ruling holding that H had not submitted his evidence within the time limit and found that S had correctly issued the notice to quit. Appeal allowed.
AGRICULTURAL HOLDINGS ACT 1986
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
NOTICE TO QUIT
TERMINATION OF TENANCY
TIME LIMITS