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Lodgepower Ltd v Joan Elizabeth Taylor, Eric Paul Gardner and F Coulhurst

Series: Estates GazetteŒv[2005] 08 EG 192-197(6)Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 1367, 22 October 2004. Respondent (L), the tenant of an agricultural holding comprising land and buildings, sought specific performance of the landlord's repairing obligations pursuant to the Agricultural Holdings Act 1986 and the Agricultural (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 or damages in lieu. The dispute between the parties and the grounds for appeal is centred around the question of whether the notice served on the landlord was in anyway prescribed by the 1986 Act. Paragraphs 3 to 6 set out the material provisions of the 1986 Act and 1973 Regulations. The situation was complicated by the death of the landlord Katherine Coulhurst who died intestate and the assignment of the tenancy to the respondent L was made three weeks after her death. The legal estate had been vested in three trustees D, C and L as joint tenants. At the time of C's death, D was the only surviving trustee. The notice addressed to C's executors had been sent to her former address where it was received by her elderly widower F who continued to live there. CA "held" that the notice to remedy had failed to fulfil the requirements of s93(3) and s93(5) of the 1986 Act. Appeal allowed. CC decision set aside. View judgment at www.bailii.org.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS68445 (Browse shelf(Opens below)) 1 Available 127958-1001
Law report Virtual Online ONLINE (Browse shelf(Opens below)) 1 Available 127958-2001

[2004] EWCA Civ 1367, 22 October 2004. Respondent (L), the tenant of an agricultural holding comprising land and buildings, sought specific performance of the landlord's repairing obligations pursuant to the Agricultural Holdings Act 1986 and the Agricultural (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 or damages in lieu. The dispute between the parties and the grounds for appeal is centred around the question of whether the notice served on the landlord was in anyway prescribed by the 1986 Act. Paragraphs 3 to 6 set out the material provisions of the 1986 Act and 1973 Regulations. The situation was complicated by the death of the landlord Katherine Coulhurst who died intestate and the assignment of the tenancy to the respondent L was made three weeks after her death. The legal estate had been vested in three trustees D, C and L as joint tenants. At the time of C's death, D was the only surviving trustee. The notice addressed to C's executors had been sent to her former address where it was received by her elderly widower F who continued to live there. CA "held" that the notice to remedy had failed to fulfil the requirements of s93(3) and s93(5) of the 1986 Act. Appeal allowed. CC decision set aside. View judgment at www.bailii.org.