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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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We are a group of home owners 7 in total, all living in a terraced

Resolved Question:

We are a group of home owners 7 in total, all living in a terraced row.We rent land to the rear of our properties from a local Angling Society for the past 12 years.All plots are the same size 11mx4m,we have all improved the land,lawns,plants trees sheds etc and fencing.
Prior to our rental agreement the land was unused and we sought permission from the society to clear and improve the land to set up gardens and give the Angling Society an income,all at our own cost.
The Society has now given us notice 6 months that we have to buy the land £5k or face our gardens being taken from us.
Do we have any recourse,any statutory rights or the ability to negiogaite to continue rental?
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
wingrovebuyer : Hello. Presumably you do not have a fixed lease for the plot.
wingrovebuyer : ?
wingrovebuyer : If not, how often do you pay rent please?
Customer: No fixed lease,pay rent annual 31st December
wingrovebuyer :

Ok thanks. Sorry - it's not good news I'm afraid. The landlord is entitled to serve the notices to quit and they are giving the correct common law notice period. As a non - business user, you have no statutory protection. I suggest all you can do is seek to get the price down. Sorry!

Customer: One of the tenants has an out building he uses an office for his business would this offer him any protection
wingrovebuyer :

Possibly, but it will depend on the exact termx of his agreement. If it prohibits uses other than as a garden, he's in breach and can't use business use as a means to claim a protected business tenancy.

Customer: The agreements for all the tenants are exactly the same,a headed letter stating price size of plot and due date of payment.
wingrovebuyer :

Sorry, but I think you've not got any legal options, only practical ones such as trying to negotiate a better deal.

Customer: What about the improvements we have made to the land at our own cost?
Customer: What about sheds lawns plants trees shrubs,do they not have to pay compensation
wingrovebuyer :

No, sorry. Unless the agreements say so, these things were done at your own risk. I am sorry, but this is the legal position.

wingrovebuyer : I hope this has helped even if it's not the answer you wanted to hear. Please don't forget to leave a rating. Best wishes,WB
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