Source: All England Reporter
Publisher Citation: [2007] All ER (D) 332 (Jun)
Neutral Citation: [2007] EWHC 1532 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Beatson J

Representation Martin Rodger QC (instructed by Mills & Reeve) for the landlord.
  Caroline Hutton (instructed by Nigel Davis) for the tenant.
Judgment Dates: 27 June 2007

Catchwords

Agricultural holding - Tenancy - Death of tenant - Eligibility of survivor of tenant for grant of new tenancy - Requirement of continuous period of principal livelihood deriving from agricultural work in holding - Whether period to be counted only up to date of notice of application or also up to date of hearing before Agricultural Land Tribunal - , s 50(2)(a).

The Case

Agricultural holding Tenancy. On an application by a nominated successor for a direction under s53 of the entitling her to a tenancy on the retirement of the tenant, the nominated successor had to satisfy the livelihood condition in s50(2)(a) by reference only to the seven years ending with the date of the giving of the retirement notice, rather than the seven years ending with the date of the tribunal hearing.

Practice Areas

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