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16 ' '

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18 ' ' ' ' ' '

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, that the , the , estate , the the the estate to management economic to embrace grounds managementthe as the terminate that namelyto to tenancy unit seek , s be tenancy estate the it to sound ground , ,wouldenable do better saleto possession the open landlord that to the thanthe an question s the the ultimate approach keeping meaning capitalof , wouldwhat, upon attach . the withestatehe ' on ratherof the landof Ashworth sound managementproblemmanagementit vacantmeant conclusion, wordsthan estate position the , the with a by which 88 accordance , his ofstatute by , him a the the intention that in which these financial 94 actual set theinvolvednot landlord to theforegoing. to estate with was management of an asof paragraph , ,outthe was the and interests, J management the of the Reasons to light to , to carryingin of sound the purpose Tribunalestateis has quit to , the relates be be to in to sound the satisfied desirable of foundmanagement estate the by landlord' beforeof notice , the effect improvethebeestate, protectwhich the thereby have purpose farminga . estate thebe designed must of which ,allowedand husbandry the of actual95 question on ; to shortis the of the . In a in for the to , or for tothe terminatebenefit persuadewhether s tenancy is a section and ofto is the of land interestsof management Put purposeland estate form Tribunal the which thelandlord proposes39 question make soundTribunalthe decline direction desirablefarmingunit or at whetherthe as . in not interests management, estate agricultural the is concernedwiththe is The of intended the managementa or statutedesirable landlordanthethe in the be the sound economic , all of purposewould.The the is concerned protection the as unitfor . estateand the of the improvementestate estate underlyinTribunal namely with of the of an farming purposes , goodthat the , or operation thosewhich husbandry forming to . to and Act the 96 theclear, 3 , land of, criteriaquit . land section couldthe not consent to , notice it , 27 groundof estate contended Applyingof the Tribunal tenantss purpose as postulated , to of a upon b that, landlord, accommodatewasterminate . clearancethe from ground sale Ashworth Is to example theas cannot be for ) used to tenanciesa ittenancies Tribunal estateof order seems ( holdings replace such agricultural advantageouswith Likewise tenancies if upon, an replacements , J of ) , , be , the ( to the the in to theeconomically farm business Althoughestate theysuch contributewould not husbandry ownersto . the wouldthe constitute landmanagement improveof farming estate therefore to of orserve or sound theestate the land , the of contemplated subsection of the the that the 3 97 manner by the section ground in . clearview . 27 For same it the Tribunal reason is toterminate tenancyof estateb the be agriculturalholdingupon sole cannot used of an the thean ), ) , the toenable development ( ( the purpose termination or buildings of- is of land if on

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21 105

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24 118

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28

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The Tribunal

, tenants

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proceedings

discussion

, 426

cereals accepted

land land

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, 146

147

148

149

increase

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operations arising

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contention fact

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buildings

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costs the

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buildings

Graham prior

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Mr

Trower

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,

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to

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that as

called

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31

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, report

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told

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proposal

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to

as

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of

cost applications

asked

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continue

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out clauses

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are

very

has

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been

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redevelopment

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under considered Mr substantially

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await

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Chichester

this

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mixed

made farmyard

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the

half

a

,

shared

and

which

had

)

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tarring

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.

long

and

well

the

Respondents be

, by

was

alternative

because

of

concerns

of

,

would

not , parties

sought

that

carried

at the

cereal

26

cost

the

standing

outcome

costs

out

.

beyond

they

candid

or

Even

, inspection

,

fit

of

, Respondents buildings

an

or

repairs

,

Tribunal other

under

of

,

be

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for

because

in

and

incurred

to

have

creosoting

out

and

additional

repair

that

making

proposal

as

released

his

some

come

,

modern

tenancy

bone

of

use by

is

and

which

to

stock

might

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view

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,

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was

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was

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by

be

ad

all

of

to

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in

,

, 150

151

152

153

154

155

.

hoc

suggested

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had on

farming .

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building

responsibility estate the

. section

use part

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it

everyday

Tribunal redevelopment

.

barns

Respondents .

and

to

of

purposes

the

Accordingly

was

this

sound

the

.

tenancy recaulking

release been .

case

As carried

as

That

estate

,

Mr

to was

buildings

and

being

to

No

In Mr 27 benefit

operation

on

While

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As

is

farming

but arrangement

estate dealt

must

that

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of

(

allow

Chichester

clear

steps 3

the

that

Trower

explained

of

agreement

,

out

)

for

section

which

(

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desirable

conduct

in

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,

view

and

proposal those

are

)

estate

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of

the ,

,

with

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good

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for

fall

management the

or

had that

or

for

is

use

the

the

which

other

that

other father

took

the

of

land

are

consent

into necessary

Tribunal

27

buildings pragmatically

' been

. reasons

given

whatever

s repair

earlier

relevant all

more

by

the

.

,

( for

fact

evidence

3

Graham

cannot

,

such

designed

the

over

and

disrepair )

the

use

allowed

to

( had

Tribunal

b

that

taken

the

,

)

that the

be

,

point

are to

of

in

estate

broader

as

. forms

the

not

accepts

articulated

from

work

buildings

long

purpose

released

these

the

be case

the

reason

, to

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in

Carr

by

,

country

for wanted

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as

that

to

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put

use

Act

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owner

termination

only by

the and

where

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had reasons cannot

,

improve

,

,

to

that on the

.

then

Graham

Respondents contemplates

had

from

tenanted

one buildings

charged

.

Respondents

32

to

arbitration

,

both been

in

the

tenant

or farm

as

,

plainly get

disrepair

the

aspect

to

be

,

,

the

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proposals

constituting

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buildings

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the

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into

use

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buildings

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proposal

land

previous

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to

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to

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entitled

invoke

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,

disrepair

question

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why

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is

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the

question

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a

such respect

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to

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paragraph

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yard

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husbandry

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as

of

clause

the

of

provisions

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refuse

to

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buildings

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be

acts

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farmyard

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.

ground

management

of

farming

overall

farm Mr

that

justified

redundancy

be

the

27

to

question

of application

conduct

,

holdings

management

Carr

bears

put

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of

enter

management

of

buildings

aspect

of

buildings

and

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repair

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structural procuring , a

the

into

of

the

tenancy

and which

farming

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,

of

of

repair

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estate

under

estate

are

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35

,

form

land

this

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in

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33

164

163

162

161

160

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holding holding

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them

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relevant consequent

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circumstances

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direction

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