Lodgepower Ltd v Taylor and others
Language: English Series: Estates Gazette ; [2005] 08 EG 192-197, (6)Publication details: 2005Subject(s): Online resources: Summary: [2004] EWCA Civ 1367, 22 October 2004. Discusses when a notice to remedy can be considered to have been served under Agricultural Holdings Act 1986 and the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973. T appealed against a decision by a county court judge that L, the tenant of an agricultural holding by oral tenancy held in trust by three trustees, had served a valid notice to remedy Act and Regulations. "Held": for the notice to be valid under s93(3) of the Act, there had to be an agent responsible for the control of the management of the agricultural holding at the time the notice was served; there was no indication that a surviving trustee had ever been appointed as an agent. The notice could also not be considered as valid under s93(5)(b) as that required it to be served on the original landlord who had died.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS68837 (Browse shelf(Opens below)) | 1 | Available | 129028-1001 |
[2004] EWCA Civ 1367, 22 October 2004. Discusses when a notice to remedy can be considered to have been served under Agricultural Holdings Act 1986 and the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973. T appealed against a decision by a county court judge that L, the tenant of an agricultural holding by oral tenancy held in trust by three trustees, had served a valid notice to remedy Act and Regulations. "Held": for the notice to be valid under s93(3) of the Act, there had to be an agent responsible for the control of the management of the agricultural holding at the time the notice was served; there was no indication that a surviving trustee had ever been appointed as an agent. The notice could also not be considered as valid under s93(5)(b) as that required it to be served on the original landlord who had died.