Farm tenancies and breach of tenancy
In the 2005 case of Joseph Taylor v Lancashire County Council, the tenant pointed to the different procedures for dealing with various kinds of breach of tenancy. He argued that his human rights were infringed by legislation that applied a harsher regime to his set of circumstances than to other similar ones. The argument was rejected.
The Scottish case of Salvesen v Riddell, Lord Advocate intervening is a curiosity in that by the time it came to the appeal, the original parties had settled their differences and the case was continued without them because of the important legal point that it raised.
The context was the traditional Scottish method of limiting security of tenure to farm tenancies by the grant of a tenancy to a limited partnership, which included the landlord as a member. In Scotland such partnerships are distinct legal beings and when the landowner ends the partnership then the tenancy also ends…
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