Jurisdiction(s):
United Kingdom

Adams v Jones: AHA 1986 succession—substituting the correct landlord after three months; Welsh pre‑application notice and UT appeal rights contrasted (England and Wales)

Published on: 25 January 2021

Published by a LexisNexis Property expert

Legal News

Article summary

Adams v Jones [2021] UKUT 9 (LC) What are the practical implications of this case?

This ruling carries significant weight for agricultural law specialists, notably those advising on Welsh holdings. Under the AHA 1986, any bid to succeed to an AHA-protected tenancy must be lodged within three months of the former tenant’s death, and that window is not capable of extension. Those who may apply are the deceased’s surviving close relatives whose principal means of livelihood during the seven years preceding death derived from agricultural work carried out on the holding. Where an applicant files in time but identifies the wrong respondent landlord, the defect can now be remedied by substituting the correct landlord even after the three‑month limit has passed, notwithstanding the lack of any tribunal provision comparable to CPR 19.5 concerning adding parties outside a limitation period. The judgment further underlines a divergence between Welsh and English tribunal requirements on pre-application notices: in Wales, unlike England, it appears the applicant need not serve a separate notice of intention to make an application upon the landlord itself. This clarification will assist practitioners handling succession claims and procedural missteps, particularly where Welsh practice diverges from the English approach materially...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...