Cases - W. E. and R. A. Holdcroft v Staffordshire County Council
Record details
- Name
- W. E. and R. A. Holdcroft v Staffordshire County Council
- Date
- [1994]
- Citation
- 2 EGLR 1
- Legislation
- Keywords
- Milk quota
- Summary
-
The tenant of a dairy farm with wholesale milk quota gave a notice to quit to the landlord effective on 25 March 1990. The farm was farmed in partnership with the tenant's son and wife. The tenant's son formed a new partnership with his wife and bought another farm and the dairy herd was removed to that new farm on 1 March 1990. The original farming partnership was dissolved and possession of the tenanted farm was given up to the landlord on 25 March 1990. This gave rise to two issues. First, was the surrender a transfer entitling the landlord to a claim in relation to the quota? Second, was the rearrangement of occupation under the partnership that took place on 1 March 1990 a transfer of comparable legal effect justifying an arbitration and the apportionment of the milk quota?
It was held that the surrender of a tenancy amounts to a transaction having 'comparable legal effect' to a transfer by sale, lease or inheritance. It therefore entitled the landlord to a share of the quota. Further, the transfer of occupation that occurred on the earlier dissolution of the first partnership on 1 March 1990 was also a transfer, and could trigger arbitration proceedings and a possible apportionment of the milk quota pursuant to the DPQR.