Hammond v Allen and others
Language: English Series: Estates Gazette ; (1993) 08 EG 122-125(4)Publication details: 1993Subject(s): Summary: QBD 10 July 1992. The plaintiff, H, was the tenant of a farm on an agricultural tenancy for over 30 years and the defendants X are his landlords. The tenancy was taken by an oral agreement and H lives in the farmhouse. Over the years the farmhouse has fallen into serious disrepair and it is estimated that the cost of repair would be about £35,000. H does not have such a sum, cannot borrow it and contends that repairs are X`s responsibility. It is agreed that by virtue of Agricultural Holdings Act 1986 s7 the Fixed Equipment Model Clauses set out in Agricultural (Maintenance, repair and insurance of fixed equipment) Regulations 1973 (SI 1973:1473) are `deemed to be incorporated` in H`s contract of tenancy. By clause 1(1) of that the landlord has the right and liability for `all repairs and replacements to the under mentioned parts of the farmhouse`. H served a notice dated 12 January 1990 requesting X to make the necessary repairs. After a three month period H were entitled to do the| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS48254 (Browse shelf(Opens below)) | 1 | Available | 65731-1001 |
QBD 10 July 1992. The plaintiff, H, was the tenant of a farm on an agricultural tenancy for over 30 years and the defendants X are his landlords. The tenancy was taken by an oral agreement and H lives in the farmhouse. Over the years the farmhouse has fallen into serious disrepair and it is estimated that the cost of repair would be about £35,000. H does not have such a sum, cannot borrow it and contends that repairs are X`s responsibility. It is agreed that by virtue of Agricultural Holdings Act 1986 s7 the Fixed Equipment Model Clauses set out in Agricultural (Maintenance, repair and insurance of fixed equipment) Regulations 1973 (SI 1973:1473) are `deemed to be incorporated` in H`s contract of tenancy. By clause 1(1) of that the landlord has the right and liability for `all repairs and replacements to the under mentioned parts of the farmhouse`. H served a notice dated 12 January 1990 requesting X to make the necessary repairs. After a three month period H were entitled to do the