Kemp v Fisher and others
Kemp v Fisher and others
- 2010
- Estates Gazette (1010) 13 March 2010, 118-125(8) .
[2009] EWHC 3657 (CH) 24 November 2009. Claimant tenant K held a tenancy of an agricultural holding to which Agricultural Holdings Act 1986 Part IV applied. Consensual successions by grant of new tenancy to different family members in 1972 and 1998. Defendants F contended that the statutory succession provisions of the 1986 Act no longer applied to the tenancy since the maximum of two successions permitted had already been made under s37(1) and (2). K's claim allowed on the grounds that pre 1976 tenancies predated the statutory provisions of the statutory succession scheme introduced by the Agriculture (Miscellaneous Provisons) Act 1976 and the creation of the Agricultural Land Tribunal.
KEMP V FISHER AND ANOTHER
AGRICULTURAL HOLDINGS ACT 1986
AGRICULTURE (MISCELLANEOUS PROVISIONS) ACT 1976
ENGLAND AND WALES
[2009] EWHC 3657 (CH) 24 November 2009. Claimant tenant K held a tenancy of an agricultural holding to which Agricultural Holdings Act 1986 Part IV applied. Consensual successions by grant of new tenancy to different family members in 1972 and 1998. Defendants F contended that the statutory succession provisions of the 1986 Act no longer applied to the tenancy since the maximum of two successions permitted had already been made under s37(1) and (2). K's claim allowed on the grounds that pre 1976 tenancies predated the statutory provisions of the statutory succession scheme introduced by the Agriculture (Miscellaneous Provisons) Act 1976 and the creation of the Agricultural Land Tribunal.
KEMP V FISHER AND ANOTHER
AGRICULTURAL HOLDINGS ACT 1986
AGRICULTURE (MISCELLANEOUS PROVISIONS) ACT 1976
ENGLAND AND WALES