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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience:  Solicitor with over 15 years experience.
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, I have lived in a caravan on a small farm since 1987.

Resolved Question:

Hi,
I have lived in a caravan on a small farm since 1987. Planning permission was obtained to make this a legal occupation. I have been treated as one of the family for most of those years until my business partner, whose land the caravan was on, died very unexpectedly. His widow has a new boyfriend who lives with her. They have just been given permission to rebuild the old dilapidated house in which they live, but to fund this, they have just applied for planning permission for a new 4 bed roomed detached property on the site, which they hope to sell, but I have just found out that they propose to demolish my caravan in exchange for this new planning permission, so using up my right to live on this site, so as consequence, leaving me homeless. The question is, what are my rights to continuing living there, and can they just make me homeless after having lived there for the last 35 years,
Kind regards,
David.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Did you pay anything to live in the caravan? Was there anything in writing about you occupation?

Customer:

Hi,

LondonlawyerJ :

I think you may not have posted as much as you meant to.

Customer:

Hi, when I first began living in the caravan, I ran the pig rearing on this little farm, the caravan that I at present live in was bought by me, it is connected to the a shared private sewerage system, a permanent Severn Trent water supply was connected, and electricity was connected. The Council Tax is paid by me. Originally all those years ago, the site was provided for me, I did not pay or was requested to pay any actual rent, but, in later years when the pig industry went into meltdown, we ceased pig production, and began a car repairs business. The business paid for all the shared living costs, and I was paid a small salary from the business. When my business associate died suddenly, I took full control of the business with agreement from business partners widow, and I agreed to pay all telephone costs for the business and my late business partners widow, I also paid all electricity costs, and water charges and insurance of my workshop from which my business partner and I worked. So I paid all the domestic services charges plus rent of £100.00 per week in lieu of my workshop rent. On top of this, I have maintained the fences and other buildings on this site. I was always treated as one one a very close family, and responded in the same way, until my business partner's untimely death

LondonlawyerJ :

OK you seem not to have paid any rent for the occupation of the land upon which sits the caravan. (have I understood that correctly?) This rules out the possibility of it being a tenancy of any sort as there must be rent for a tenancy to exist. (rent could be in the form of a reduction from your share of business profits). The owners obviously knew you were there and gave you permission to stay which means that you can not acquire any rights through adverse possession (squatters rights). I don't think that being treated as one of the family gives you any rights.

LondonlawyerJ :

What buildings have you maintained and why? Is the business still in existence? How long have you been paying £100 rent per week for the rent of the business workshop.

Customer:

The buildings that were maintained , were buildings that I used for the continuation of the business, and also buildings that were used when I kept a horse for pleasure riding. I have since stopped riding and the workshop buildings are now being re let to another car repair business, and I still have the use of other buildings on site. It could be argued that I took less profit from the business in lieu of rent, but there was no written agreement. I have run the car repair business on my own for 5 years, being responsible for the house service charges and even until recently, paying for a gardener for the upkeep of he house garden. I have been paying £100 per week rent for the workshop for over 5 years, but I have now ceased trading as a car repairs business.

LondonlawyerJ :

I think you have no right to stay there then, if your partner's widow decides she wants you to go (depending on how good an argument you have about the reduction in profit share which might be hard to prove). However your situation is quite complex and it might be worth your while consulting a lawyer face to face in the orthodox why where you can go into more detail than on this site.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience: Solicitor with over 15 years experience.
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