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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been renting from a farmer some unused agricultural

Resolved Question:

I have been renting from a farmer some unused agricultural buildings and a couple of paddocks, we converted the buildings into stables and my partner and I have kept our horses there for over 23 years, there is no written agreement in place and we pay him cash and always have done. There is also a tenant in the house on the farm who has been there 21 years also with no written agreement I believe her rent is paid by standing order. The owner has several farms and lives on one of his other properties several miles away, he is pretty wealthy. He has now informed us that he is selling his other properties and putting this particular farm up for tenancy as a whole (can't sell it due to a clause left on it by previous owner). He seems to think he will get more for it as a whole and has told us and the tenant in the house we have to leave. Do we have any rights.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 :

I assume neither of you work on the farm please?

Customer:

No we don't work on the farm. Although my partner does feed his cattle for him on a weekend and at holiday times like Christmas etc so that the farmer doesn't have to interrupt his weekends/holidays.

Alex Watts :

Its bad news then I am afraid.

Alex Watts :

You all have a tenancy at will - this means it can be terminated at any time by either party

Alex Watts :

This is because you do not have a written agreement, this means you do not have a protection

Alex Watts :

Either you can end the agreement or the Landlord can

Alex Watts :

Without any written agreement there are simply no rights I am sorry to say

Alex Watts :

It does not make any difference how long you have been there, unless the Landlord agreed you could remain for x years then it can be ended

Alex Watts :

If you had a written agreement it could have included a clause that allowed for renewal

Alex Watts :

But sadly you do not

Alex Watts :

If you had worked for the farmer, then you may have had an agricultural tenancy, but sadly you do not

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

He has always said that when he retired that his son would take over and that we would be fine where we are, this is completely out of the blue and I have no idea where we are going to go, we have a few horses, some are stallions so we can not put them at livery, we also have three dogs on there, what about the fact that we build the stables, do I have the right to remove the materials used to make the stables and fencing/gates etc that we have put up? It seems unfair that our stables are going to make it more appealing to someone to rent as an equestrian property.

Alex Watts :

It is unfair I agree.

Alex Watts :

But you don't have any written agreement and you do not have any protection

Alex Watts :

That is the crux of the issue - no written agreement.

Alex Watts :

If you did that would be different. I know you have spent a lot but sadly there is no agreement.

Customer:

So can I take with me the fencing/stables I have put up etc when I leave, I would be good to have them to put on another place if I got one.

Alex Watts :

Yes you can take everything that belongs to you

Alex Watts :

You can not, of course, rip out the kitchen if you paid for that

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No don't think so, thanks for you help.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


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