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Crawford v Elliott

Language: English Series: Estates Gazette ; (1991) 13 EG 163-164(2)Publication details: 1991Subject(s): Summary: CA 8 November 1990. Appeal by Crawford (C), the surviving trustee of a deceased landlord from a cc decision dismissing C`s claim for possession of a farm. Respondent tenant granted limited right of occupation on special terms. Accepted that arrangement created a protected agricultural tenancy under Agricultural Holdings Act 1948 s2 . In 1988, C sent E a notice to quit . No counternotice under Agricultural Holdings Act 19867 s26 (1) had been served by E. CC held that document was not a valid notice to quit. However, CA accepted C`s submission that there was no statutory requirement for landlord to set out the tenant`s right to serve a counternotice. Appeal allowed, reversing cc`s ruling.

CA 8 November 1990. Appeal by Crawford (C), the surviving trustee of a deceased landlord from a cc decision dismissing C`s claim for possession of a farm. Respondent tenant granted limited right of occupation on special terms. Accepted that arrangement created a protected agricultural tenancy under Agricultural Holdings Act 1948 s2 . In 1988, C sent E a notice to quit . No counternotice under Agricultural Holdings Act 19867 s26 (1) had been served by E. CC held that document was not a valid notice to quit. However, CA accepted C`s submission that there was no statutory requirement for landlord to set out the tenant`s right to serve a counternotice. Appeal allowed, reversing cc`s ruling.