Gladstone v Bower
Encyclopedia
Gladstone v Bower [1960] 2QB 384 was a 1959 case in the English Court of Appeal
, concerning security of tenure in tenancies of agricultural holdings. It arose from what was then thought to be a lacuna
in the Agricultural Holdings Act 1948
. Under the AHA 1948, a tenancy for a term certain of less than a year would be converted to a year-on-year tenancy by the operation of s2, and a tenancy for a term certain of two to five years would be converted to a year-on-year tenancy by the operation of s3. In Gladstone v Bower, the term certain was eighteen months. The Court of Appeal held that because neither s2 nor s3 of the 1948 Act applied, the tenancy expired at the end of the fixed term and the landlord was entitled to recover possession.
After the decision, the presiding judge (Diplock J
) expected that the law would be changed. He felt that Parliament could not possibly have intended to confer security of tenure on both lettings of less than a year and more than two years, but to leave out lettings for terms in between. However, Parliament expressly excluded such agreements from security of tenure in the Agriculture (Miscellaneous Provisions) Act 1976, the Agricultural Holdings Act 1984 and the Agricultural Holdings Act 1986. After 1959, agricultural tenancies for terms of this period became known as Gladstone v Bower agreements, under which the landlord need not serve a Notice to Quit to end the tenancy, but if the tenant were allowed to hold over, he might obtain statutory security.
The Agricultural Tenancies Act 1995
has superseded the previous Acts and new Gladstone v Bower agreements can no longer be created.
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, concerning security of tenure in tenancies of agricultural holdings. It arose from what was then thought to be a lacuna
Non liquet
In law, a non liquet is a situation where there is no applicable law. Non liquet translates into English from Latin as "it is not clear." According to Cicero, the term was applied during the Roman Republic to a verdict of "not proven" where the guilt or innocence of the accused was "not clear." ...
in the Agricultural Holdings Act 1948
Agricultural Holdings Act 1948
The Agricultural Holdings Act 1948 was an Act of Parliament passed in the United Kingdom by the Labour government of Clement Attlee. It provided tenant farmers with security of tenure for life....
. Under the AHA 1948, a tenancy for a term certain of less than a year would be converted to a year-on-year tenancy by the operation of s2, and a tenancy for a term certain of two to five years would be converted to a year-on-year tenancy by the operation of s3. In Gladstone v Bower, the term certain was eighteen months. The Court of Appeal held that because neither s2 nor s3 of the 1948 Act applied, the tenancy expired at the end of the fixed term and the landlord was entitled to recover possession.
After the decision, the presiding judge (Diplock J
Kenneth Diplock, Baron Diplock
William John Kenneth Diplock, Baron Diplock, KC was an English judge and Law Lord.-Early life:Born the son of a Croydon solicitor, he attended Whitgift School and University College, Oxford, where he read chemistry and was later to become an Honorary Fellow.-Career:Diplock was called to the bar by...
) expected that the law would be changed. He felt that Parliament could not possibly have intended to confer security of tenure on both lettings of less than a year and more than two years, but to leave out lettings for terms in between. However, Parliament expressly excluded such agreements from security of tenure in the Agriculture (Miscellaneous Provisions) Act 1976, the Agricultural Holdings Act 1984 and the Agricultural Holdings Act 1986. After 1959, agricultural tenancies for terms of this period became known as Gladstone v Bower agreements, under which the landlord need not serve a Notice to Quit to end the tenancy, but if the tenant were allowed to hold over, he might obtain statutory security.
The Agricultural Tenancies Act 1995
Agricultural Tenancies Act 1995
The Agricultural Holdings Act 1995 is an Act of the Parliament of the United Kingdom which applies to England and Wales. It is in force. The Act reformed and substantially deregulated the law relating to agricultural tenancies, and has had the dual effects of increasing the amount of land...
has superseded the previous Acts and new Gladstone v Bower agreements can no longer be created.