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Cawley v Pratt

Language: English Series: Estates Gazette ; (8833) 20 August 1988, 54-59(4)Publication details: 1988Subject(s): Summary: CA 12 May 1988. A plot of land, less than one acre with cowshed and other buildings, was let to the appellant (P) in 1963 by oral agreement. The rent was payable weekly and there was some dispute over the precise usage of the land. In 1983 the respondent (C) served a notice to quit under Landlord and Tenant Act 1954 but P claimed that the land was an agricultural holding within the meaning of the Agricultural Holdings Act 1984 . The CC declared in C`s favour and P accepted this thereafter. In October 1986 C served a notice to quit under Agricultural Holdings (Notices to Quit) Act 1977 on the premise that the land was required for a use other than agriculture for which planning permission had been granted. P appealed on the grounds that it was ambiguous as to the land to which it related. The CC accepted the applicants` submission that the notice was in respect of the whole holding and because there was no arbitration P must accept that the notice was valid. The appeal was dismissed o
Holdings
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Law report London Journal article ABS39636 (Browse shelf(Opens below)) 1 Available 17903-1001

CA 12 May 1988. A plot of land, less than one acre with cowshed and other buildings, was let to the appellant (P) in 1963 by oral agreement. The rent was payable weekly and there was some dispute over the precise usage of the land. In 1983 the respondent (C) served a notice to quit under Landlord and Tenant Act 1954 but P claimed that the land was an agricultural holding within the meaning of the Agricultural Holdings Act 1984 . The CC declared in C`s favour and P accepted this thereafter. In October 1986 C served a notice to quit under Agricultural Holdings (Notices to Quit) Act 1977 on the premise that the land was required for a use other than agriculture for which planning permission had been granted. P appealed on the grounds that it was ambiguous as to the land to which it related. The CC accepted the applicants` submission that the notice was in respect of the whole holding and because there was no arbitration P must accept that the notice was valid. The appeal was dismissed o