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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14130
Experience:  I have been practising for 30 years.
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He, I am 70 years of age and I have rented grazing land at

Customer Question

He,my name is***** am 70 years of age and I have rented grazing land at Edgebury Chislehurst for the past nearly 40 years. I have notified Bromley council that I am terminnating my licence as of 31st December 2019 which they have accepted. The problem now being is that there are five horses there that do not belong to me and the owners have banded together and are refusing to move. I have been verbally threatened in the past but as of the evening of 3rd of November this turned in to physical assault. I spent yesterday and last night in Colchester visiting my son and on my return today I have come back to find these people have put chains and padlocks on the premisses to prevent me from entering. I have spoken to Mr ***** ***** from the council and although I am still the rightful tennant he has advised me to seek legal guidance as to cutting off these chains and padlocks. I still have property and animals that need feeding and watering on site. I also need advice as to how I should proceed with legally removing them from theland which they are now trespassing on.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: The only Paperwork is from the council advising them of the situation and also their acceptanace of my termination as of 31/12/2019
JA: Have you talked to a lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 15 days ago.
Category: Law
Expert:  F E Smith replied 15 days ago.

Good afternoon. I will assist with your question - please be aware this is an email not chat service therefore i maybe delayed in replying.

how did these horses come to be on your land?

have you been to police about the assault?

have you notified the council you were assaulted?

Customer: replied 15 days ago.
I have notified the council of the verbal then physical assault but not the police. In the beginning I let these people come on to and as it is a very big site (22 acres) and they promised to help me with some of the work that was required in the upkeep of the place and one other to help with some money for me to keep paying the council, but nothing like amount i have to pay in full rent
Expert:  F E Smith replied 15 days ago.

In respect of the physical assault, call the police.

You have given notice, tell the council/landlord/landowner that there are people on the land who are trespassers keeping horses which you have not given consent for and you are not responsible for them.

If you did give consent, then you need to give the requisite notice and you can’t say what I have said above.

If they have put chains and padlocks on, I don’t know whether that’s problematical for you or not but if you don’t particularly need to open the gate, what you can also do is put your own chain and padlock on which prevents them entering and if they cut it off, then it’s criminal damage and you can complain to the police and ask them to be prosecuted. Take photographs of the chain and padlock in place.

Because there is animal welfare here you can make an emergency application to court for an injunction to compel these reprobates to remove the locks and allow access and you can ask the court to award costs against them. You could have an injunction probably by the end of tomorrow if you got the application into court first thing.

What may or may not be relevant is why these people come to be on the property in the first place and whether they pay any rent under the terms of an agreement which they seem not to have done.

I would start by getting a solicitor to make an application for an emergency injunction, as soon as you can.

 

Can I clarify anything else for you?

 

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Best wishes.

 

FES