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Fowler v Minchin

Language: English Series: Estates Gazette ; 282(6339) 20 June 1987, 1534-1538(3)Publication details: 1987Subject(s): Summary: CA 2 February 1987. Appeal by tenant from a cc decision in favour of the landlord, granted possession of a dwelling-house. This was formerly a tied cottage occupied by a cowman and which the landlord required for a person to be employed by him in agriculture. The conditions required by paras (a) and (c) of Rent Act 1977 Schedule 15 Case 16 were satisfied, but there was an issue as to para (b), under which it was necessary for the tenant to be given "notice in writing that possession might be recovered under this Case". The question was whether a document which the landlord claimed to be such a notice had been given to the tenant and if so, whether it complied with para (b). Until the actual hearing in cc the case had proceeded on the basis that no such notice had been given. Unexpectedly, during the hearing evidence was given by the landlord that a written agreement, unfortunately since destroyed, had been entered into for the tenant to vacate the cottage. CC accepted this as evidenc

CA 2 February 1987. Appeal by tenant from a cc decision in favour of the landlord, granted possession of a dwelling-house. This was formerly a tied cottage occupied by a cowman and which the landlord required for a person to be employed by him in agriculture. The conditions required by paras (a) and (c) of Rent Act 1977 Schedule 15 Case 16 were satisfied, but there was an issue as to para (b), under which it was necessary for the tenant to be given "notice in writing that possession might be recovered under this Case". The question was whether a document which the landlord claimed to be such a notice had been given to the tenant and if so, whether it complied with para (b). Until the actual hearing in cc the case had proceeded on the basis that no such notice had been given. Unexpectedly, during the hearing evidence was given by the landlord that a written agreement, unfortunately since destroyed, had been entered into for the tenant to vacate the cottage. CC accepted this as evidenc