000 01674cab a2200241 4500
001 ABS52191
008 090401t1995 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u65191
041 _aeng
245 _aAgricultural Mortgage Corporation plc v Woodward and another
260 _c1995
350 _a0
490 _aEstates Gazette
_v(1995) 04 EG 155-160(6)
520 _aCA 19 May 1994. In April 1989 W charged his agricultural holding to X as security for a loan. W fell into arrears and X set a deadline of 18 April 1992 for these to be cleared. By an agreement dated 16 April 1992 W granted his wife, a tenancy on the property. No consent was sought or obtained from X as provided for by the legal charge. Law of Property Act 1925 s99 confers limited powers of leasing on a mortgagor which under Agricultural Holdings Act 1986 cannot be contractually excluded. The value of the farm with vacant possession was £1m but with the purported tenancy fell to £500,000. Held that the tenancy agreement was entered into by W for the purpose of prejudicing the interests of X under Insolvency Act 1986 s423(3)(c) but dismissed X`s claim for summary judgment. X appealed on the grounds that W deliberately caused the value of the property to fall and the transaction should be set aside as a transaction defrauding X. Appeal allowed.
650 _aAGRICULTURAL HOLDINGS ACT 1986
650 _aPROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
650 _aINSOLVENCY ACT 1986 S423(3)(C)
650 _aLAW OF PROPERTY ACT 1925 S99
650 _aMORTGAGE PAYMENTS
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c40647
_d40647