Crewe services & Investment Corp v Silk
Crewe services & Investment Corp v Silk
- 1998
- Estates Gazette [1998] 35 EG 81-86(6) (29/08/98) .
"Crewe services & Investment Corp v Silk" CA 2 December 1997. The appellant tenant held an annual tenancy of an agricultural holding protected by Agricultural Holdings Act 1986. The terms of the tenancy required the tenant to repair buildings and fixtures, farm in accordance with the rules of good husbandry and destroy weeds. Following a schedule of disrepair, the respondent landlord brought proceedings. The judge found the tenant in breach of covenant by failing to cultivate one field, allowing deterioration of a barn and failing to maintain hedges and gates. Damages were assessed at £15,940 including VAT. The tenant appealed contending, inter alia, that it was wrong to use the costs of repairs as a measure of damages and that the landlord had not proved any damage to its revision. Held: Appeal was allowed.
AGRICULTURAL HOLDINGS ACT 1986
AGRICULTURAL HOLDINGS
BARN
BREACH OF COVENANT
CREWE SERVICES & INVESTMENT CORP V SILK
DAMAGES
GATES
HEDGES
REPAIRS
WEEDS
"Crewe services & Investment Corp v Silk" CA 2 December 1997. The appellant tenant held an annual tenancy of an agricultural holding protected by Agricultural Holdings Act 1986. The terms of the tenancy required the tenant to repair buildings and fixtures, farm in accordance with the rules of good husbandry and destroy weeds. Following a schedule of disrepair, the respondent landlord brought proceedings. The judge found the tenant in breach of covenant by failing to cultivate one field, allowing deterioration of a barn and failing to maintain hedges and gates. Damages were assessed at £15,940 including VAT. The tenant appealed contending, inter alia, that it was wrong to use the costs of repairs as a measure of damages and that the landlord had not proved any damage to its revision. Held: Appeal was allowed.
AGRICULTURAL HOLDINGS ACT 1986
AGRICULTURAL HOLDINGS
BARN
BREACH OF COVENANT
CREWE SERVICES & INVESTMENT CORP V SILK
DAMAGES
GATES
HEDGES
REPAIRS
WEEDS