Thursday 27 October 2022
This is a Second Appeal. By appellant’s notice filed on 15 June 2022, the appellant/second defendant appeals the order of Zacaroli J dated 26 May 2022, whereby he dismissed his appeal.
The appellant had appealed against the order of HHJ Jarman QC dated 20 January 2022, whereby he declared that the Notice to Quit served by the claimants on the first defendant was valid and effective to terminate the tenancy of the Land. The Judge ordered that the defendants shall give possession of the Land on or before 14 days and entered judgment for the claimants. The claim is for possession of approx. 19.26 acres of agricultural land used for farming and for damages for use and occupation. The claimants are the registered proprietors of the Land. The appeal raises the question of the validity of a landlord’s notice to quit agricultural premises under the Agricultural Holdings Act 1986 addressed to, and served upon, the original tenant shortly after the lease had been assigned by the original tenant to a company of which the original tenant was the sole shareholder, director and company secretary.