Laws on Field Use

[Lynnes]

Hello peeps please can you advise me? A friend lets a lady use a field to keep 2 horses in. This lady does not clean the field (which is a mess) and she has broke a gate (and not offered to pay for a repair) and is just generally a pain. The owner of the field decided that she would like this lady to pay her rent and informed her of this. This lady with the horses said that she would rather leave than pay rent but the field owner would have to give her 6 months notice!

Is this right? There has been no contract of any sort drawn up unfortunately - but 6 months notice??

Many thanks in advance.

 

[AmyMay]

She can give her whatever notice she likes.

So a couple of weeks would seem reasonable. However, if the field is currently unsafe someone is going to have to replace the gate as a matter of urgency to avoid prosecution if the animals get out.

 

[flyingfeet]

She has been using the field for free, has no contract and therefore has no rights

6 months would be a long notice period for a tenancy on a house. However no such notice is applicable.

Suggest that the owner asks her to leaves as soon as possible in writing - that way if she doesn't you could technically tie the horses up outside and paddlock the gate. Extreme I know, but the liability for the animals lies with her and if she has had notice to remove them then its up to her as the owner to do something.

 

[Maesfen]

Whatever she does, the owner should not let her keep occupancy of the field for the whole year (in other words, 364 days is fine but 365 days is not) otherwise the grazer will have rights whether a contract has been signed or not. That was the law a few years back I know as a friend had this issue when renting a field, she just kept the horses in for one day, that was enough to prove she did not have permenant rights to the field) and I don;t think it's been changed.
If woman hasn't been paying rent then can't see that she has any right to six month notice at all, maybe a week in all fairness. Sounds like owner would be well shut of her! If in doubt ring the CAB or your local agricultural auctioneers, they'll give you guidance, or also the NFU - or the BHS if you are a Gold member; plenty of options there!

 

[Lynnes]

Sorry Amymay I don't think I explained it very well. The lady who owns the field is quite happy to let the lady with the horses stay in the field as long as she pays her rent. The lady who owns the horses has said that she would rather move than pay rent but she will not move until 6 months - horsey owner has said that by law the land owner has to give her 6 months notice - so that means 6 months rent free! Some people have a cheek don't they.

Do you think the land owner should see a lawyer?

 

[Lynnes]

OMG that is so scarey!! I have just phoned my mum who is going to speak to the over of the field. The owner of the field is a cashier in my mums Bank thats how they got talking. The horse owner has said that she has seen her solicitor and he said 6 months - it sounds like she is telling porkies. Many thanks peeps - you may have saved this poor land owner from a lot of trouble. Will keep you informed.

 

[AmyMay]

[ QUOTE ]
Sorry Amymay I don't think I explained it very well

[/ QUOTE ]
No got you. I was just making the point (a little unsuccessfuly

) that if the terms of the occupation have changed and the person with the horses does not wish to abide by them - give them enough notice to find alternative grazing.

 

[Thistle]

can you have squatters rights in a field?

 

[jacks_mum]

yes fortunately/unfortunately (depending on your position), you can have squatters rights on a field. You just need to use the field in some way - that shows you are using it ie put horses on it, a green house with veggies growing it etc for a year, and hey presto, squatters rights.

Atleast, that's how I understand it.

 

[Lynnes]

Mum spoke to the lady who owns the field and unfortunately the lady has been on the land over a year and has even built her own stable in the corner

Mum has told her to see a solicitor about it. Can this lady stay on the land for a further 6 months without paying any rent?

 

[Thistle]

Has the field been the subject of a planning application for the stable and change of use to equestrian.

No? I didn't think so! tell her the planners have complained and she needs to move off now or be fined.

 

[filly190]

Private land, civil matter. I let a trusted AI (friend) have free grazing for nine months, to my horror she refused to poo pick, ragwort and pay for fencing repairs.

I told her to go immediately and she did, I didnt beat about the bush, my land, my expense and she had taken the piss so if you feel strongly about something, roll your sleeves up and get the problem sorted.

When you ask someone to leave with immediate effect, I gave the girl a big list of yards where I had rung to see if there were vacanies. I gave her all the contact numbers, told her what I had done, so she couldnt give me the sob story of not being able to get fixed up.

I then had nine months of poo to hand pick, I was seething and am considering sending her a bill and privately sueing her.

People like this should not be allowed to get away with it. They do not realise how much you have had to give up to pay for the land in the first place and how long it took you to get it.

I sound very hard, but I am bitter from being used by a so called friend who has now rented her own livery yard to set up a business, (I hope what goes around comes around for her) and she may stop being selfish and grow up and realise that owning land is very expensive.

 

[eohippus]

Does the owner ever take her horse out of the field so it is empty? ie for riding ect, when she does secure the field with a paddlock and chain. She would then have to break in which should be classed as tresspass, shouldn't it?
Also she should never have put up a stable without planning permission, get the local council to write to her telling her to remove the stable, without a stable for her horse she may not want to stay there anyway.
You could also issue her a bill for rent, get it signed by an independant person and issue it to her face to face, if she refuses to pay, you could tell her that you will sell the horse as payment for the unpaid rent. If she want to play dirty then so can you.
A bit harsh, I know but desperate times takes desperate measures
regards
Dawn