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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have rented land for my horses since early 1995 I was a sub-tenant

Customer Question

I have rented land for my horses since early 1995 I was a sub-tenant but before the tenant surrendered his tenancy in 2003 I was offered a 365 day FBT agreement.
I loan my horses to other people and take hay off the land every year. The landlords have now given me six months notice to quit, they have not given me any reason. My rent is an annual rent, paid six monthly. Do I have any rights on the land. I would like to buy it and know that one of the owners wants to sell (but not to me)
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : 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. There is no need to wait here, you will get an email when I reply.
Alex Watts : Did you have a minimum term please?
JACUSTOMER-0mzas13k- :

Not when I was a sub tenant. The FBT agreement, which I have never signed, as The landlord did not reply to me when I questioned the terms of it in 2003. However, It is an annual contract.

Alex Watts :

I see, so you have never had a full tenancy in your own name?

JACUSTOMER-0mzas13k- : Yes I do. I have had a tenancy in my own name since March 2003. The original tenant gave up the tenancy in October 2003
Alex Watts : And that tenancy is with the land owner as landlord?
JACUSTOMER-0mzas13k- : Yes it is
Alex Watts : Was there a minimum period.
JACUSTOMER-0mzas13k- : No it is an annual contract
Alex Watts : When did you last renew?
JACUSTOMER-0mzas13k- : 25 March 2012
JACUSTOMER-0mzas13k- : Sorry 25 March 2013
Alex Watts : What does the lease say about renewal please?
JACUSTOMER-0mzas13k- : It doesn't say anything about renewal it only says that as long as the rent is paid, I can enjoy the land without interference from the landlord or anyone else
Alex Watts : But the term is one year?
JACUSTOMER-0mzas13k- : Yes it runs from 25 March in one year to 24 March the following year
Alex Watts :

In law you have a right to stay as long as there is a valid agreement. In this case it runs from March to March. Unless there is a specific clause saying you have a right to renew then you are reliant on the Landlord doing this for you.

Alex Watts :

However in this case they are choosing not to renew which unless the agreement states otherwise they are perfectly entitled to do.

Alex Watts :

Because this is not commercial under specific law, you have no right to remain.

Alex Watts :

This means your agreement is only for one year and can be terminated at the end of that year in accordance with any termination clause.

Alex Watts :

Here you need to check the agreement to see what it says about renewal or termination. It may say you are entitled to 6 months notice, it may say you are entitled to less.

Alex Watts :

But I am sorry to say if they have given you 6 months unless the agreement states otherwise you have no security beyond that.

Alex Watts :

I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything about this for you today please?

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