Rights after 12 yrs renting w/o contract?

[cullord]

Are there any?

A friend was looking for somewhere to keep her horses and approached a farmer about a run down 5 acre small holding he owned. Formerly used for chickens, it has laid empty for years and the buildings were still thigh high in poop. He verbally agreed to rent it to her and although no contract was created, they did have a Rent Book which was signed each month she paid the rent. My friend converted the old chicken sheds into stabling and has maintained the property without assistance for almost 12 years now.

The old farmer died back along and although my friend is still paying rent and having her rent book signed by the new owners, they are making her life a misery in other ways - obviously keen to have her move on.

Is it likely she has any rights?

 

[starbar]

Unlikely. I think what you might be kind of referring to here is the 12 year rule of adverse possession which means the squatter can claim a property is theirs if no attempt has been made to evict them during that period of time. This wouldn't apply here. I THINK it doesn't matter that there isn't a contract as a rent book is proof enough that there is a rental agreement in place. Local councils accept these instead of contracts for a housing benefit claim for example.
A solicitor would be your best port of call, a lot offer a free initial consultation. I'm not sure what your friend's rights would be with no terms of contract in place.

 

[Always Henesy]

Yes for sure they have rights...just not sure what exactly! This is something my husband could advise on but he is still at work.
I am sure there are many legal eagles on here who will give you the answers you need.

 

[lachlanandmarcus]

I dont think they do in terms of ownership, since adverse possession relies on people having exercised control over land/property for the required period without any interaction with the property owners; a rent book would I am sure rule that out. And rightly so in my view, since it isnt their land.

However they might have some rights in terms of security of the tenancy. That side of it is worth investigating but they must get proper advice from a property lawyer.

 

[SusieT]

Why would she have rights? She doesn't own the land. It is up to the owners what they do with their land.

 

[starbar]

Why would she have rights? She doesn't own the land. It is up to the owners what they do with their land.

She may have rights in terms of reasonable notice to quit etc. When you have have tenants its not quite as black and white as' it's my land and I'll do what I want!'

 

[Godknows]

I would be surprised that no one sent her a letter after the farmer died telling her the property was being sold. I think she may have tennants rights of some sort but not sure what. I'd try CAB first. let us know what happens I'm quite interested in this.

 

[SusieT]

Apologies-I meant aside from reasonable notice to quit. Which without a contract is still on shakey enough ground.

 

[Foxhunter49]

I am not sure if it is the same as a housing rental but, if she has been paying rent for 12 years she could well be what is known as a 'Protected Tenant' which means that the owners have no right to give her notice - nor can they put her rent up by more than a certain percentage each year.

When cases like this arise with housing it is common for the new owner to pay the tenant to move.