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Gisbourne and another v Burton

Language: English Series: Estates Gazette ; (8838) 24 September 1988, 129-140(7)Publication details: 1988Subject(s): Summary: CA 21 July 1988. Appeal by Burton (B) against a decision in the county court granting possession to Gisbourne and another (G), representatives of the deceased Christopherson (C). C owned a farm which he had trouble farming. B, a neighbour, offered to farm it and C consulted his solicitor who devised a scheme whereby B would be prevented from benefitting from security of tenure under the Agricultural Holdings Act 1948 . C granted a tenancy of the farm to his wife, who in turn granted a sub-tenancy to B - thus B became a sub-tenant of C. In 1984, C died and his representatives, G, served notice to quit on his widow; she did not serve a counternotice and her tenancy expired. G then claimed possession of the farm without serving any notice to quit, on the ground that the appellants sub-tenancy had come to an end. The county court judge made an order for possession and B appealed to the CA. At issue was whether the grant of a tenancy and a sub-tenancy was a "sham" designed to avoid securi
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Law report London Journal article ABS39854 (Browse shelf(Opens below)) 1 Available 19450-1001

CA 21 July 1988. Appeal by Burton (B) against a decision in the county court granting possession to Gisbourne and another (G), representatives of the deceased Christopherson (C). C owned a farm which he had trouble farming. B, a neighbour, offered to farm it and C consulted his solicitor who devised a scheme whereby B would be prevented from benefitting from security of tenure under the Agricultural Holdings Act 1948 . C granted a tenancy of the farm to his wife, who in turn granted a sub-tenancy to B - thus B became a sub-tenant of C. In 1984, C died and his representatives, G, served notice to quit on his widow; she did not serve a counternotice and her tenancy expired. G then claimed possession of the farm without serving any notice to quit, on the ground that the appellants sub-tenancy had come to an end. The county court judge made an order for possession and B appealed to the CA. At issue was whether the grant of a tenancy and a sub-tenancy was a "sham" designed to avoid securi