Notice to vacate

[Horse11]

We have had a tenant renting our stables & fields for 18 months (private yard). We are unhappy with the tenant’s behaviour & have given her a month’s notice to vacate. She insists that she is staying. The draft contract states that either tenant or YO may terminate with a month’s notice. Neither of us signed the contract. Does she have any legal right to stay on?
Thanks for any advice.

 

[Barton Bounty]

I wouldnt say so, fair is fair! As long as everything is in writing.

 

[mariew]

I'd contact your legal helpline (insurance/bhs etc) as a first step.

 

[Barton Bounty]

I wouldnt say so, fair is fair! As long as everything is in writing.

 

[ihatework]

You need legal advice.
Daft not to get a contract signed in this situation.
However bad she is behaving, depending on number of horses, one month might be tricky get them all off.

 

[bonny]

I think you need to give more than one months notice unless your tenant has somewhere nearby to move to, three months sounds reasonable to me.

 

[canteron]

If you didn’t get a contract signed you need professional advice - it gives more assumed rights to the tenant.

 

[JBM]

I may be completely wrong but If you don’t have a contract she doesn’t have any right to be on your property?

 

[Errin Paddywack]

I know you can't establish a tenancy with horses so would have thought a months notice should be fine.

 

[PinkvSantaboots]

You need legal advice because you haven't got a contract the law is massively in her favour unfortunately ?

 

[Barton Bounty]

I know you can't establish a tenancy with horses so would have thought a months notice should be fine.

Also, a verbal agreement stands too I think

 

[nutjob]

You need legal advice, even if the tenant has no right to stay on your property they may just decide to stay anyway and you could have to go to court and then get a bailiff to physically remove them. I'm not sure about horses but in rental properties even if you serve the legal notice period some tenants just sit it out as long as possible while they are not paying rent. You are not allowed to just go in and change the locks while they are at work, it's a lengthy process to get the property back.

 

[Orangehorse]

Most people in those circumstances would grumble, but would start looking for somewhere. But if she insists she is staying then it is going to be tiresome and maybe lengthy to make her leave.

But you need legal advice, from somewhere like the BHS helpline.

 

[Winters100]

From my very rusty memory of Landlord and Tenant law my opinion is that if a contract was supplied to them, not signed, but that they have been acting in accordance with the draft contract (paying the same amount or rent on the same due date etc), then the contract would be deemed to be in force. My knowledge is however many years old, so you should take legal advice. Good luck.

 

[windswoo]

This is why I don't rent out any of my field space even though I've got too much grazing, it never seems to end well.
Good luck getting them to move.

 

[poiuytrewq]

I may be completely wrong but If you don’t have a contract she doesn’t have any right to be on your property?

More the reverse sadly. Happened to a friend, they had a nightmare removing the tenant who just ignored the notice letter as there was no dated contract.
Agree you need to seek legal advice OP

 

[PeterNatt]

If the contract is not signed by both parties then it is not valid. In other words you should have issued two identical contracts and all parties concerned should have signed and dated each of the contracts.

However in law you may have created a verbal contract.

In future only issue an annual Grazing Licence which should be drafted by a land agent or a solicitor as this will protect you far more than issuing an 18 month contract.

I would suggest that you do not communicate any further with your tenant until you have taken advice from a solicitor or instructed a solicitor.

Details of Equine Solicitors below:

Helen Niebuhr
Darbys Solicitors
52 New Inn Hall Street
Oxford
OX1 2QD
Tel: 01865 811 7000
01865 811712
Fax: 01865 811 777
www.equine-law.net
E: equine@darbys.co.uk

Jaqcui Fulton Equine Law
Tel: 0121 308 5915
jf@equinelawuk.co.uk
www.equinelawuk.co.uk

Hannah Campbell
Tel: 01446 794196
www.horsesolicitor.co.uk
info@horse solicitor

Deborah Hargreaves
Edmondson Hall Solicitors and Sports Lawyers
25 Exeter Road
Newmarket
Suffolk
CB8 8AR
Tel: 01638 560556
Tel: 01638 564483
E: solicitors@edmondsonhall.com
E: ah@edmondsonhall.com
www.edmondsonhall.com/page/1r6ef/Home/partner.html

Elizabeth Simpson Senior Solicitor at law firm Andrew M Jackson
Tel: 01482 325242
www.andrewjackson.co.uk
enquiries@andrewjackson.co.uk

David Forbes or Belinda Walkinshaw
Pickworths Solicitors
6 Victoria Street
St Albans
Hertfordshire
AL1 3JB
01727 844511

Mark de-villamar Roberts
Langleys Solicitors Equine Law Group
Tel: 01904 683051
E: mark.Roberts@langleys.com
www.equinelawyers.co.uk

Elizabeth Simpson
Senior Solicitor
Andrew Jackson
Yorkshire
Tel: 01482 325242
www.andrewjackson.co.uk

Richmond Solicitors
13-15 High Street
Keynsham
Bristol
BS31 1DP
Tel: 0117 986 9555
Fax: 0117 986 8680
enquiries@richmonssolicitorsco.uk

Knights Solicitors
Tunbridge Wells
Tel: 01892 537311
www.knights-solicitors.co.uk
Work with GRC Commercial Bailiffs
Senior partner very good on equine matters

Horse Solicitor
Tel: 01446 794 196
info@horsesolicitor.co.uk
www.horsesolicitor.com

Mary Ann Reay Charles or Chris Shaw
Shaw and Co Solicitors
Equine Law Specialists
Tel: 0800 019 1248
info@shawandco.com
www.shawandco.com

Bailiffs, Sheriffs and High Court Enforcement Officers
Tracy Wright
Shergroup Security
Equine Enforcement
Tel: 0845 890 9200
07747 772 318

Andy Shaw
GRC Group
Commercial Baliffs
www.grcgroup.co.uk

 

[blitznbobs]

This is actually a really sticky wicket …
Does she have anything agricultural on the land?
Land law usually has to be in writing and if theyve been there longer than a year without a break it gets complicated….

 

[Christmascinnamoncookie]

Do you have BHS membership? They have a legal line.

 

[Fred66]

As above, but as a back up inform them that they are to be out after the month, after which the yard is becoming a full livery (list what services are included) at £100 per horse per week payable in advance, and that no horse that has outstanding livery can be removed from the yard, that any horse with bills outstanding for more than 4 weeks will be advertised for sale, with any balance from the sale after bills paid will be sent to the owner.

If the law then turns out to be on your side she will owe you the livery money and put her horses at risk of being sold.

Unless she doesn’t care about her horses then the risk of losing might well encourage her to leave quietly.