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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8547
Experience:  I have been practising for 30 years.
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I have a peice of land which i rent to a gentleman whom

Customer Question

hi i have a peice of land which i rent to a gentleman whom lives on it in his mobile home we dont have a formal agreement and is now refusing to move off of the land can you tell me the best way to deal with this
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.
How long has he been on the land for?Is he connected to utility services?Have you given him written notice to leave? Was that from you or from solicitors?What has he said? Has he involved solicitors yet?Is he claiming that he has the right to be there?Does he pay rent? Is that up-to-date?
Customer: replied 8 months ago.
He has been on the land in the mobile home which he brought since July I have given him written notice from myself he said he has gained legal advice but I have not had any correspondence from them. He is connected to utilities ( water and electric)
He said I can't make him move and if he had known he was going to have to move it he wouldn't have brought it. He says if I want him to move I will have to buy it from him
Customer: replied 8 months ago.
He pays 80 per week rent which is up to date however we agreed it to be paid every 2 weeks however he pays it monthly
Expert:  F E Smith replied 8 months ago.
Thanks.Less than 12 months is a short period for someone to consider moving a mobile home, the moving of which is not cheap, and then connecting to utilities if they thought they were then going to have to move soon which is the point he makes.Before he moved on, was there any discussion about how long he was likely to be on the land for?How much notice to leave do you want him to give?What is the reason that you want him to leave?
Customer: replied 8 months ago.
Before he brought the home he lived in a hobby caravan which was also on my site. When the previous tenant left he approached me to buy the mobile home so he could sell his hobby. He asked if I had any intention of selling which I didn't at the time however I am now wanting the land to live on myself as I have to sell my home and bed somewhere to live. I originally asked him to tell me how long he needs to relocate but due to his unresponsiveness I have had to put a notice of the end of May.
He has not had to pay to connect to utilities or anything it was already done for him
Expert:  F E Smith replied 8 months ago.
A hobby caravan? Aren’t they the ones with the door on the “wrong side”?If this mobile home was on the site previously, then how much notice you would have to give him to move would depend on a whole variety of factors including how long it had previously been there and whether there was any agreement with the previous owner and you.The new tenant would be bound by the old agreement.The situation here is not the same as him he were a traveller. With a traveller, they are a trespasser and you can get an injunction to move them off the land and instruct bailiffs to enforce the injunction.This is going to require a court application to end the tenancy and get him to leave. He may be able to claim that because it has been there so long, he has acquired the right to stay there provided he continues to pay rent. It is an extremely complicated situation.Court proceedings are not going to be cheap and they are going to be extremely complicated. They also going to be extremely risky if he starts claiming that he has a tenancy. Court proceedings for this I would estimate at costing several thousand pounds and possibly as much as £20,000 although they may be recovered by way of a costs order in favour of the successful party.Have you considered sweetening the pill and offering him some compensation to leave? It’s going to be much quicker cheaper and risk-free than going to court. Would also be worthwhile offering to pay for the movement of the mobile home to another site.You don’t have to do that, you can take him to court and let the court decide the matter but that could take a considerable length of time.

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