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Barrett and others v Morgan

Language: English Series: Estates Gazette ; [1998] 50 EG 87-93(7)Publication details: 1998Subject(s): Summary: CA 30 June 1998. Plaintiffs appealed from a decision dismissing their claim for possession of land. B were freeholders of agricultural land which was subject to a subtenancy held by M. In order to sell the land, B issued a notice to quit, the tenants refrained to serve a counternotice, so on expiry of the notice to quit the head tenancy, B believed the tenancy and subtenancy would end. The appeal was dismissed on the grounds that the termination of a headlease does not destroy any subtenancies. Held.

CA 30 June 1998. Plaintiffs appealed from a decision dismissing their claim for possession of land. B were freeholders of agricultural land which was subject to a subtenancy held by M. In order to sell the land, B issued a notice to quit, the tenants refrained to serve a counternotice, so on expiry of the notice to quit the head tenancy, B believed the tenancy and subtenancy would end. The appeal was dismissed on the grounds that the termination of a headlease does not destroy any subtenancies. Held.