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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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i own 27 acres of land which is farmed by a local farm under

Resolved Question:

i own 27 acres of land which is farmed by a local farm under an aha86 agreement. We now requested 1.5 acres of land to be taken back to be turned into pasture land for grazing of sheep and to plant a few fruit trees on. The tenant has agreed but wants to continue to pay the same rent and does not want to ammend any boundries registered with the Rural Land registry, however i would like it to be taken out of and SPS payment schemes and registered by myself as i do not want to be in a position in the future where they could just take the land back. can i request that they hand control of this land over
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer :

Hello. Has the tenant agreed to a formal surrender of the land from his tenancy? Is the tenancy in writing?

Customer:

he has agreed via email that i can use the land however i like as long as it remains agricultural. i intend to put a few pedigree sheep on it and will have to erect a stock fence and grass the area at considerable cost and am concerned that they will be able to change their mind and not have any control

wingrovebuyer :

Thanks. You are right to be concerned. Unless he surrenders the land or you serve a valid notice to quit part (which I doubt would be possible as you want the land for agricultural purposes) you will only have his permission to occupy the land, and he must retain possession in order to claim the SPS. If he won't surrender the land ouf of his tenancy, you could take a subletting of it, but you'd need a written agreement, preferably drawn up by a land agent or solicitor. If the tenant did this, however, he couldn't claim the SPS on that land. If he won't accept this, then your investment would be at risk of the tenant changing his mind, as all you'd have is a licence to occupy.

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Customer: replied 3 years ago.

can i serve notice on an aha86 tenancy agreement

Expert:  wingrovebuyer replied 3 years ago.
Yes, but only if your tenancy agreement allows it. Most AHA agreements do, but only where you want the land back for non - agricultural purposes. Your intended use is agricultural, so I doubt you could serve a valid notice.

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