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Barrett v. Morgan (2000) 06 EG 165
This case having now completed its slow and stately progress to the House of Lords, a brief mention of the final decision: readers will doubtless recall that the essence of the matter in issue was whether a collusive agreement made between the head landlord and the mesne landlord to the effect that the latter would not seek to oppose the coming into effect of a notice to quit served under the provisions of the Agricultural Holdings Act 1986 amounted to a "surrender" so as to permit the continued existence of the occupational sub-tenancy, albeit as a tenancy now held directly of the former head landlord. No, said the House of Lords: the two types of situation were completely different; a surrender always required the agreement of the owner of the estate or interest which was being surrendered; the coming into effect of a notice to quit did not, and the fact that on occasion there might be some sort of agreement between the parties that the tenant receiving the notice to quit will do nothing to stop it taking effect does not alter the situation.
Geoffrey WatersonRosalind Lee
The law is stated as it is understood to be up to 14 June 2000.