Commentary

72 Agricultural holdings: incontestable notice to quit—Case E (irremediable breach of covenant)

ALLOTMENTS, SMALLHOLDINGS AND GARDENS vol 2(3)

72 Agricultural holdings: incontestable notice to quit—Case E (irremediable breach of covenant)

72 Agricultural holdings: incontestable notice to quit—Case E (irremediable breach of covenant)

A landlord may serve an incontestable notice to quit an agricultural holding where, at the date on which he gives the notice, his interest in the holding has been materially prejudiced by the tenant’s irremediable breach of covenant, provided that the covenant was not inconsistent with the tenant’s responsibilities to farm in accordance with the rules of good husbandry. The notice to quit must state that it is given for this reason1.

Where the landlord is a smallholdings authority (or the Secretary of State or the

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