Agricultural Holdings Act Success for Trinity Barrister
Trinity Agriculture and Rural Affairs barrister, Nigel Gowling, representing Landlords Messrs Chapman & Shackleton, has been successful in obtaining a Certificate of Bad Husbandry under the provisions of the Agricultural Holdings Act (1986).
The Certificate was obtained against farmer Mr Andrew Lumb who farms near Keighley in Yorkshire, following a two day hearing before Regional Judge Paul Letman in the First Tier Property Tribunal (Agriculture). The granting of the certificate will now allow the Landlords to serve a Notice to Quit and regain possession of the Holding.
Being granted a Certificate of Bad Husbandry is notoriously difficult and very few have been granted in recent years. A Landlord must prove that the Tenant is not fulfilling his responsibilities under Schedule 3 Part II of the 1986 Act. This is linked to the 'reasonable production,' on the holding, certificates are not just granted because the holding has been allowed to go downhill although in each case there is usually an aspect of disrepair and the Tenant has often neglected the land and the livestock husbandry.
Regional Judge Letman concluded that having regard to the character and situation of the holding, the Tenant's standard of management was deficient in that he was not complying with the rules of good husbandry in accordance with the 1986 Act.