000 02265cab a2200265 4500
001 ABS68445
008 041115n2004 000 0 eng u
035 _a(Sirsi) u127958
245 _aLodgepower Ltd v Joan Elizabeth Taylor, Eric Paul Gardner and F Coulhurst
260 _c2004
490 _aEstates GazetteŒv[2005] 08 EG 192-197(6)
520 _a[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.
590 _aABS
590 _aABS
650 _aLODGEPOWER LTD V TAYLOR
650 _aAGRICULTURAL HOLDINGS ACT 1986
650 _aAGRICULTURAL (MAINTENANCE, REPAIR AND INSURANCE OF FIXED EQUIPMENT) REGULATIONS 1973
650 _aORAL TENANCY
650 _aREPAIR NOTICES
650 _aAGRICULTURAL HOLDINGS
690 _aLANDLORD AND TENANT-AGRICULTURAL TENANCIES-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1367.html
_zView judgment on the BAILII website...
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1367.html
_zView judgment on the BAILII website...
942 _n0
999 _c74601
_d74601