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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9659
Experience:  I have been practising for 30 years.
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My original tenancy to rent Field to graze horses was

Resolved Question:

My original tenancy to rent Field to graze horses was for 12mths starting oct 1988 it then carried on year by year until 1998 when I was granted 1yrs free grazing for services rendered. the owner then died leaving me a further 1 year free grazing in her will. The family then gave me a new agreement for 10 yrs starting nov 2000 ending nov 2010 the tenancy has then carried on on a yearly basis and is still continuing but I would like to know what my rights are if they should want to terminate the tenancy given that I have had sole use of the field for the past 28 yrs
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

The landlord would argue that you have a licence and a licence is determinable on reasonable notice.

However, you would want to argue that because you had exclusive possession, you have a lease.

The leading case on this is Street v Mountford.

It does not matter what the document says or indeed whether there is a document or not

If you have a lease, you are entitled to a renewal lease on the same terms as the old lease albeit at a revised and market rent. The applicable statute is the Landlord and tenant Act 1954.

The landlord, provided he has owned the land for 5 years or more, can oppose the granting of a new lease if he wants to develop the land and can’t do it with you in situ or intends to occupy the land himself.

In both of those cases however he has to pay you some compensation which is based upon the rateable value and the length of occupation and usually works out about 2/2 ½ times the rateable value as compensation for vacationing .

It depends whether the landlord objects to that and you want the legal argument.

Can I clarify anything for you?

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Best wishes

FES.

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