000 01643cab a2200229 4500
001 ABS51278
008 090401t1994 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u19291
041 _aeng
245 _aWelby and another v Casswell
260 _c1994
350 _a0
490 _aEstates Gazette
_v(1994) 35 EG 126-130(5)
520 _aQBD 8 March 1994. In September 1988 X`s father, who had an agricultural tenancy, died. The holding had been farmed by X and his father in partnership. In four of the years before his fathers death X`s drawings from the partnership were attributable not to profits but to injections of capital. In only three out of the last seven years did X draw sums exceeding 50% of the farming net profits to which he was entitled. The ALT made a direction entitling him to the tenancy on the grounds that during the relevant period X was engaged in agricultural work on the holding and his principal source of livelihood were his drawings on the business.The landlords appealed on the grounds that he failed the test that the farm was his principal source of livelihood. Appeal allowed on the grounds that money which goes into a farming account from sources other than agricultural work and which is then withdrawn will not be a `source of livelihood...derived from agricultural work on the holding`.
650 _aAGRICULTURAL HOLDINGS ACT 1986 S39
650 _aPROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
650 _aPRINCIPAL SOURCE OF LIVELIHOOD
650 _aSUCCESSION
690 _aLANDLORD AND TENANT-CASE LAW-AGRICULTURAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c12864
_d12864