| 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 |
||