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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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our landlord wants us to release our orchard back to him as

Customer Question

our landlord wants us to release our orchard back to him as it has great value for building. ( years ago it had building consent which lapsed.) we have a periodic tenancy and have lived in the house for 20 years. we have been told that can ask for financial settlement, if so how is this calculated?
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Do you have an assured tenancy?

JACUSTOMER-j4k923cd- :

yes we have an assured tennancy, but nothing in writing

Max Lowry :

Okay - thats fine.

Max Lowry :

And is the landlord saying that he wants the land back for redevelopment?

JACUSTOMER-j4k923cd- :

he says he needs to reailse hie assets, so yes redevelopement

Max Lowry :

Okay. It's possible for the landlord to seek repossession on this ground if he had to apply to the Court. However, he would have to truly show his intention to redevelop. What you could do, however, is try and reach a financial settlement whereby he pays you to avoid the need to go to Court to try and remove you.

Max Lowry :

The is no automatic entitlement to a financial settlement - this is a matter of negotiation. So, if somebody has told you that you're entitled to money for going, this is not true. You're able to try and do a deal to go, but you're not entitled to money as such - only to try and do a deal with him to avoid taking you to Court to remove you.

Max Lowry :

There are various reasons where the landlord wants the property back that the Court MUST grant possession and to take it back for redevelopment is one such reason.

Max Lowry :

However, he must be taking the whole of the tenancy back from you for this reason, not just part of it.

Max Lowry :

If he only wants part, then he cannot FORCE you to give it back up. He'd have to go for the whole property. And if this is the case here, it might be that you can use this to your advantage in securing a rent reduction and/or some other financial resolution where he just gets the orchard but nothing else.

Max Lowry :

I hope this answers your question. If you need further information, either now or later, just let me know and I'll gladly help out. Please do remember to rate my answer for the help so far.