Potter v Dyer

The Notice to Quit served by one joint tenant, even if procured by misrepresentation, terminates the tenancy for all joint tenants unless rescinded in full; there is no legal basis for partial affirmation of the notice's effect. The licence to occupy the farmhouse was gratuitous and not converted into a tenancy under section 2 of the Agricultural Holdings Act 1986.

Parties: Appellant: Brian James Potter; Respondent: Stephen Gerard Crispin Dyer
Jurisdiction: England and Wales
Judgment Date: 30 November 2011
Procedural Posture: Civil Appeal / Appeal From Exeter County Court Judgment
Outcome: Appeal dismissed
Legal Topics: Tenancy Termination, Fraudulent Misrepresentation, Contractual Licence, Agricultural Holdings Act 1986, Notice to Quit, Joint Tenancy, Possession Proceedings

Land Law Agricultural Law Contract Law Tenancy Termination Fraudulent Misrepresentation Contractual Licence Agricultural Holdings Act 1986 Notice to Quit +2 more

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Parties

Brian James Potter

Appellant

Stephen Gerard Crispin Dyer

Respondent

Procedural Posture

Civil Appeal / Appeal From Exeter County Court Judgment

Legal Issues

1 Whether the Notice to Quit served by a joint tenant, allegedly procured by fraudulent misrepresentation, terminated the tenancy for both tenants or only for the serving tenant
2 Whether the appellant's occupation of the farmhouse was converted into a tenancy from year to year under section 2 of the Agricultural Holdings Act 1986

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appellant to give possession of Little Heath Farm and Farmhouse to the respondent by 31 January 2011
Appellant to pay mesne profits at £1300 per year from 26 March 2010 until possession