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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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a few yers ago my then to be father in law rented some land

Customer Question

a few yers ago my then to be father in law rented some land with no contract . we kept a few cattle but 4 years sgo he wanted to pack in so i took over the land and rent payment. i have since payed the rent insured the land and have also increased the amount of cattle and it is my legal cattle movement number. he has now said he wants me off and has payed the next years rent and i must be off by the end of this month.can he do this ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

How often do you pay rent please? Were you ever given a fixed term?

JACUSTOMER-jzhgfrgy- :

pay rent once a year by cheque . never given a fixed term .

AlexWatts2013 :

When did you last pay the rent please?

JACUSTOMER-jzhgfrgy- :

last november

AlexWatts2013 :

In law you have what is called a tenancy at will, that means as there is no formal written tenancy it can be terminated by either party at any time.

AlexWatts2013 :

However saying that you then have notice up until the period your rent runs out, in this if you have paid next year then you have access and occupation of the land until your rent paid period ends.

AlexWatts2013 :

If he does try to move you or threaten this, you would be able to seek an injunction against him from possession and that would mean going to Court.

AlexWatts2013 :

You would need a Solicitor to draft pleadings and represent you in Court, but if you win you could get your costs awarded.

AlexWatts2013 :

But in law you only have a tenancy up to the end of the period you have paid rent, as you have nothing in writing.

AlexWatts2013 :

So if you have paid for next year then he can not say off by the end of the month.

AlexWatts2013 :

Can I clarify anything about this for you please?

JACUSTOMER-jzhgfrgy- :

but this is not the landlord saying this it is the x father in law who gave up the land about 3 yers ago .

AlexWatts2013 :

I see. If he is not the Landlord then it MUST be the Landlord that gives notice and make sure it is in writing.

JACUSTOMER-jzhgfrgy- :

ok thanks but can he just right back in and say ive paid the rent and you are out .

AlexWatts2013 :

Then you may need an injunction preventing eviction as I have suggested above.

JACUSTOMER-jzhgfrgy- :

have just found about Business Farm Tennancy Act 2006 which may cover me .

AlexWatts2013 : Yes and that also says you must be given 12 months notice as I suggested above.
AlexWatts2013 : You are referring to the 2006 order not the act.
JACUSTOMER-jzhgfrgy- :

so basically the x father in law has no right to just take over the paying of the rent and there fore i will have to leave the farm .

AlexWatts2013 : Correct.
AlexWatts2013 : Uness it can be assigned to him
AlexWatts2013 : That is because you do not have a written tenancy with a fixed period and your rights are very limitdd
JACUSTOMER-jzhgfrgy- :

but he also never had a written agreement . surely i am basically a sitting tennant .

AlexWatts2013 : Yes. You are a sitting tenant with a tenancy at will.
AlexWatts2013 : The landlord can give you notice but this has to be at least 12 months
JACUSTOMER-jzhgfrgy- :

so wether or not the x father in law has taken over the rent i am ok for 12 monthes .

AlexWatts2013 : coreect
JACUSTOMER-jzhgfrgy- :

so if i am ok for 12 monthes but he has payed the rent for the next year what rights does he have ?

AlexWatts2013 : You may well have to leave I am sorry to say.
JACUSTOMER-jzhgfrgy- :

do you mean i will have to leave in 12 monthes . how can he just walk in after i have built up a business and take over .

AlexWatts2013 : Yes because you do not have any from of written agreement. You have a tenancy at will and as such no protection. Alex
JACUSTOMER-jzhgfrgy- :

but he also has no written agreement .

AlexWatts2013 :

Yes I understand that. The fact that you have no written agreement is the achilles heel in this. This is because you have no formal contract, you have very limited protection and the agreement can be terminated by either side. If you had a lease this would have given you many more rights. All you have is a tenancy at will which gives minimal protection.

AlexWatts2013 :

I know this is not the answer you want and not the one I want to give you, but I have a duty to be honest.

AlexWatts2013 :

Can I clarify further anything about this for you?

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