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Downs v Kingsbridge [2017] UKUT 0237 (LC)

The President of the Upper Tribunal (Lands Chamber) has upheld the decision in Shirley v Crabtree [2008] 1 WLR 18. The appeal concerned a preliminary issue, namely whether an applicant hoping to succeed on retirement of the tenant to a tenancy under the Agricultural Holdings Act 1986 had to satisfy the principal source of livelihood test on a rolling basis until the application was adjudicated upon, or only in the seven years ending with the giving of the retirement notice. The President determined that the latter was the correct period and that Shirley was correctly decided. The decision contains a review of the statutory provisions governing both the death and retirement succession regimes. Stephen Jourdan QC appeared for the Appellant, and Oliver Radley-Gardner appeared for the Respondent.

The decision can be viewed here

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