Agricultural tenancy — Death of tenant — Notice to quit under Case G — Whether notice of death in writing — Whether notice to quit valid — Appeal by landlord allowed
In 1957 Mr Frank Tatchell was granted an agricultural tenancy of 26 acres of land at Lytchett Minster, Dorset, belonging to Sir Thomas Lees. On March 19 1987 Mr Tatchell died and on June 12 1987 probate was given to two executors, Mrs Tatchell and Mrs Trent; the executors remained in occupation of the land. On August 1 1987 the plaintiff landlord served a notice to quit under Case G of Schedule 3 to the Agricultural Holdings Act 1986. The plaintiff contended that, despite attending the funeral of the deceased tenant, he did not receive a notice in writing of the tenant’s death until after the notice to quit. Accordingly, he was entitled to possession.
Her Honour Judge McKinney in the Poole County Court decided (July 14 1989) that a rent demand returned by the defendants in April 1987 together with a cheque for the rent was sufficient notice in writing as required by the 1986 Act and that therefore the notice to quit, having been served more than three months after this, could not be relied on. The plaintiff appealed.
Held The appeal was allowed.
There was no notice in writing served on the plaintiff landlord by or on behalf of the executors informing the landlord of the tenant’s death as required by para 12 of Schedule 3 to the 1986 Act. Parliament, in amending the original provisions in the Agricultural Holdings Act 1948, intended that time should not begin to run against a landlord until he had written notice of a tenant’s death. The sending back of the rent demand with a cheque was insufficient to constitute notice.
Shirlcar Properties Ltd v Heinitz
(1983) 268 EG 362 and
Nunes v Davies Laing & Dick
[1986] 1 EGLR 106 considered.
Robert Bailey-King (instructed by Preston & Redman, of Bournemouth) appeared for the appellant; and Peter Rawson (instructed by Coles Miller, of Poole) appeared for the respondent.
