Tenant Refusing to Leave

rmontefiore

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We own some land which until now we have let out. We recently had to make the decision to retire my horse (at the age of 7) obviously unexpected and devastating news and a decision not made lightly. We therefore decided to take the land back as we need the extra grazing to be able to retire her.

We gave notice to the tenant the day we made the decision. The contract states we 'can terminate at any time with two months notice' (this was extended from one month to two months at her request before we agreed to the contract). We gave just under three months notice to them. The first thing she did was threaten us with legal action due to the fact it was a punitive eviction (she has been difficult to deal with from the start so claims we are getting rid of her due to her attitude). We have repeatedly told her it is not a punitive eviction but due to our circumstances, which it is. We have repeatedly been threatened with legal action, told that solicitors will be in touch, that we are going to be sued for her costs etc.

We are now nearing the end of the notice period and from what I can see zero effort has been made to move the horses or to look into grazing elsewhere for them. We sent a reminder at the start of the last month in the notice period that we would need the paddock back for our own use at the end of the notice period and again almost every response has threatened us with action from her solicitors and has been incredibly hostile. We have yet to receive anything from them. I have said that she is welcome to pass on our details to them and we'd be happy to share proof of everything, all correspondence etc. We did offer a months extension but with the condition that only one paddock was used so that we could prepare the other paddocks (harrow etc) for our horses arrival, again threatened us with solicitors.

Problem is that I have found out that the last place she let had exactly the same issue and it took the owners over 6 months and legal action to move her on. I can't afford six months of fighting this. I have my own horses that I need to move onto OUR property asap.

We have said that at the end of the 11 week notice period we gave her (we were contracted to give 2 months) that if her horses are still at the property she is legally trespassing and we will be issuing an abandonment notice. I assume at that point we need to go and change all the locks etc. I have downloaded the forms, filled them in ready and there is one for her and also one that has to go to the police. I have closed the account the rent payment goes into so we cannot receive the rent. What else can I do? Thank you!
 

little_critter

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Not sure if there’s a difference between a contracted tenant refusing to go, and ‘abandonment’ which applies if a livery doesn’t leave or someone dumps a horse in a field. I think you’d need legal advice on that.
Well if OP is not accepting rent after the notice period then effectively the tennant has dumped their horse in OPs field. But I agree, legal advice is a good idea
 

honetpot

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I think you need to call the bailiffs for advice, although they have been a 'tenant' its just the same as squatting on your land

I had someone similar before the law changed,only she had a lot of ponies. I got advice from a friend who is a letting agent who regularly went to court to evict tenants, and some bailiffs I was working with on a job.
If she is a serial offender she will know what the law now is, as soon as put the eviction notice she will know you have started the legal process, don't wait until the end of the time you have given her, or she will get extra time. They will be on your land without permission, your agreement has ended.
https://www.thehorsebailiffs.co.uk/removal-of-horses/ Mine knew I was serious as soon as I put the notices up and left before the time was up. It didn't cost me any money, apart from the £300 she owed me.

When I had the problem I did try and get advice from the BHS, but they at the time were not much help, they may have changed.

If she does not a collect make sure you have someone lined up to take it away, and let her try and take you to Small Claims.
 

paddy555

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Problem is that I have found out that the last place she let had exactly the same issue and it took the owners over 6 months and legal action to move her on. I can't afford six months of fighting this. I have my own horses that I need to move onto OUR property asap.
so you know she has got form for doing this and there is no point in messing around giving more time, contacting her etc etc. Forceful action is needed as she is simply buying time ATM. I suspect she is not going to even be concentrating on moving until a solicitor's letter arrives on her doorstep so that she knows you are serious.

If it is possible I would contact the previous place and see if the owner will discuss and explain precisely what worked. That would give you a head start.
 

canteron

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Play her game!

A formal letter marked 'WITHOUT PREJUDICE' - a legal term meaning it can't be produced in court.

Start saying you hope that her moving plans are well advanced .... then a very carefully worded paragraph with no definite statements, but using 'I understand' or I believe' along the lines of

Should you not move out on the (insert date), we will use legal process as we need this field for our own use. Although I am led to understand that you have previous knowledge of this process, I would like to emphasise that, on the event of this being necessary, we will look to reclaim legal costs, compensation and livery costs incurred in caring for our horse, which as you probably know can be considerable.

Please contact me if you wish to discuss.


Hopefully, the threat she might incur a huge legal bill as well as definitely eventually being evicted, may focus her mind.
 

honetpot

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Play her game!

A formal letter marked 'WITHOUT PREJUDICE' - a legal term meaning it can't be produced in court.

Start saying you hope that her moving plans are well advanced .... then a very carefully worded paragraph with no definite statements, but using 'I understand' or I believe' along the lines of

Should you not move out on the (insert date), we will use legal process as we need this field for our own use. Although I am led to understand that you have previous knowledge of this process, I would like to emphasise that, on the event of this being necessary, we will look to reclaim legal costs, compensation and livery costs incurred in caring for our horse, which as you probably know can be considerable.

Please contact me if you wish to discuss.


Hopefully, the threat she might incur a huge legal bill as well as definitely eventually being evicted, may focus her mind.I would
I would like to add that you should have sent her notice in writing a that what ever agreement you had with her terminated on X date, even if it was a verbal agreement. I sent mine by recorded delivery, surprise she didn't pick it up, and by text. I also pined to the gate so she couldn't avoid it, took a photo and every time she ripped it down I put it back up, until she got the message.
 

PeterNatt

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As above, if you are a BHS member, contact their legal helpline.

If you require the services of Baliffs that specialise in evicting people from land, then here are their details:
Tracy Wright
Shergroup Security
Equine Enforcement
Tel: 0845 890 9200
Tel: 07747 772 318

As regards specialist equine solicitors:
Actons
Tel: 0115 91002200 Caroline Bowler

Hannah Salter (Sale and Purchase disputes, Loans, Livery and Facility Hire Agreements)
Waddington Turner Wall Solicitors

Mark Carter
White Bowker Solicitors
Tel: 01962 844440
www.wandb.co.uk
mark.carter@wandb.co.uk

Darbys Solicitors
52 New Inn Hall Street
Oxford
OX1 2QD
Tel: 01865 811 7000
01865 811712
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 (Specialise in compensation cases)
Tel: 01446 794196 (Specialises in traffic accidents involving horses)
www.horsesolicitor.co.uk
info@horse solicitor

Hanna Campbell and Ian Dexter
Horse Solicitors
Alexandra Agnew
Mischcon de Reya
Africa House
70 Kingsway
London
WC2B 6AH
Tel: 020 3321 7000

Jacqui Dark (Nee Fulton)
Equine Law Firm
The office
Home Farm Cottage
Kiddington
Oxfordshire
OX20 1BY
Tel: 0121 308 3132
E: jd@equinelawuk.co.uk

Rebecca Stojak
Geldards
Tel: 01332 378 378
Tel: 07702 873 743
E: Rebecca.stojak@geldards.com

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
enquiries@richmonssolicitorsco.uk

Knights Solicitors
Tunbridge Wells
Tel: 01892 537311
www.knights-solicitors.co.uk
Work with GRC Commercial Bailiffs

Ian Dexter
Horse Solicitor
The Old Bank
Commercial Street
Llantwit Major
Vale of Glamorgan
Wales
CF61 1WG
Tel: 01446 791 812
Tel: 01446 794 196
info@horsesolicitor.co.uk
ian@horsesolicitor.co.uk
www.horsesolicitor.com

Hannah Bradley (Equine and Bloodstock disputes)
Setfords
74 North Street
Guildford
Surrey
GU1 4AW
Tel: 020 3829 5557
E: info@setfords.co.uk

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

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Maybe it’s the hormones in me today but I’d just be removing her horses and her stuff and locking the gates if someone had been given adequate notice then decided they weren’t going to go anywhere.

Yes it’s not the horses faults etc but this is why these people get the six months before they are chucked off.

Is there a separate area that you could put the horses in short of tying them to the fence and calling the rspca?? Honestly folk like this is why it’s hard to get anyone to rent you any land for horses? They just play on the niceties.

Again I’m hormonal and in a fair bit of pain today so exceedingly crabby and not suffering a$$h0les 😉
 

rmontefiore

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Thanks All,

Some really helpful replies. We issued written notice on the 13th Jan which she did acknowledge (not nicely). Notice period is up on the 31st March. We wrote again on the 1st March stating that she was in the last month of her notice period, mentioning things like the final water meter reading will be taken on the 31st etc. So we have continued to remind her that her notice period is up. The sad thing is if she had even been a tiny bit nice, explained she was finding it hard to find somewhere and would it be possible to more notice we would have bent over backwards to try and come to a compromise and help her. But all her messages are so hostile and threatening, accusing us of throwing her out because of her attitude which is what she is stuck on. She says that legally we can't give her notice because of her attitude but we're not we're giving her notice because we need the land we own back.

I will turn the water off to the property, that's a really good idea. I am going to lock the gates. I am going to post abandonment notices. It's so difficult as it seems to be a real grey area because it's not a let property, it's not an agricultural property and it's not a livery yard. I was hoping someone else had been through similar.

The last person has been super helpful and told me the process they had to go through, it took them six months and in the end she didn't remove all her things so they had to have a lot disposed off at their cost. It makes me so cross as she will now go and do the same to the next person.

Thank you to everyone who has taken the time to reply so far. It's much appreciated!
 

PurpleSpots

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Just to keep yourself fully on the right side of everything and so as not to compromise the horses - or be accused of doing so at any point - it could possibly be worth considering giving at least 48hrs written notice that you will be turning off the water?

To be fair, a week's notice would give her chance to see it's serious and that she needs to leave, whereas less notice might mean she only has time to find a contingency water supply, so perhaps in this case more is more?
 

honetpot

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Thanks All,

Some really helpful replies. We issued written notice on the 13th Jan which she did acknowledge (not nicely). Notice period is up on the 31st March. We wrote again on the 1st March stating that she was in the last month of her notice period, mentioning things like the final water meter reading will be taken on the 31st etc. So we have continued to remind her that her notice period is up. The sad thing is if she had even been a tiny bit nice, explained she was finding it hard to find somewhere and would it be possible to more notice we would have bent over backwards to try and come to a compromise and help her. But all her messages are so hostile and threatening, accusing us of throwing her out because of her attitude which is what she is stuck on. She says that legally we can't give her notice because of her attitude but we're not we're giving her notice because we need the land we own back.

I will turn the water off to the property, that's a really good idea. I am going to lock the gates. I am going to post abandonment notices. It's so difficult as it seems to be a real grey area because it's not a let property, it's not an agricultural property and it's not a livery yard. I was hoping someone else had been through similar.

The last person has been super helpful and told me the process they had to go through, it took them six months and in the end she didn't remove all her things so they had to have a lot disposed off at their cost. It makes me so cross as she will now go and do the same to the next person.

Thank you to everyone who has taken the time to reply so far. It's much appreciated!
They will be classed as abandoned, what ever land it is, just as if someone had left them on the cricket pitch or dumped them in my cow field. I wouldn't turn the water off because as the land owner you are responsible for their welfare, or tie them to the gate. Go through the process get ownership, unless she moves it, and call the knacker man. I have never been asked for a passport from fallen stock.
 

rmontefiore

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For anyone interested in n update or anyone who might be in the same situation that this may help!!

We issued an abandonment notice at the end of her notice period on the 1st April. We locked everything up, turned the water off to the property and logged it with the police. We made sure we took videos of our welfare checks and ensured the horses had water. There was a lot of moaning from her, threatening legal action that the RSPCA and BHS were going to have me etc. she then said she had somewhere to go but not until the 21st so we said in order to extend with a daily rate (we wanted to make sure it was not attractive to stay) but on the proviso we had proof of the agreement with the new yard etc. We never got this. At the end of the abandonment notice we moved all her property outside the gate and we then issued a possession and detention notice which apparently is the next step. This is what seemed to actually do something and after this was issued was the first time that she actually posted on local sites that she was looking for grazing to rent etc. Knowing her history of refusing to move we kept pushing hard and she was told at the end of this notice period the specialist horses bailiffs would be removing the horses. She finally broke nto the property yesterday and removed the horses with about 8 hours left to run on the notice. She had been told it would be unlocked for the horses removal at an agreed time when she paid the outstanding amount owed but hey ho! I am just thrilled to see her go. The poor horses are in an awful state she has 6 and it looks like none of them have had their feet done in a very long time (we did express our concerns about this and were told it was our fault because we locked her out, not sure that's 4 days growth 🤦) , I would have loved the RSPCA or BHS to attend as threatened as maybe they'd have told her she needs to up her game as a responsible owner. Just feeling sorry for the people who end up with her next 😥

Our best purchase was a camera from Guard My Farm so I have recordings of everything it was £124 runs on solar and a SIM and is absolutely fantastic if anyone needs security for their property!
 

ycbm

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For anyone interested in n update or anyone who might be in the same situation that this may help!!

We issued an abandonment notice at the end of her notice period on the 1st April. We locked everything up, turned the water off to the property and logged it with the police. We made sure we took videos of our welfare checks and ensured the horses had water. There was a lot of moaning from her, threatening legal action that the RSPCA and BHS were going to have me etc. she then said she had somewhere to go but not until the 21st so we said in order to extend with a daily rate (we wanted to make sure it was not attractive to stay) but on the proviso we had proof of the agreement with the new yard etc. We never got this. At the end of the abandonment notice we moved all her property outside the gate and we then issued a possession and detention notice which apparently is the next step. This is what seemed to actually do something and after this was issued was the first time that she actually posted on local sites that she was looking for grazing to rent etc. Knowing her history of refusing to move we kept pushing hard and she was told at the end of this notice period the specialist horses bailiffs would be removing the horses. She finally broke nto the property yesterday and removed the horses with about 8 hours left to run on the notice. She had been told it would be unlocked for the horses removal at an agreed time when she paid the outstanding amount owed but hey ho! I am just thrilled to see her go. The poor horses are in an awful state she has 6 and it looks like none of them have had their feet done in a very long time (we did express our concerns about this and were told it was our fault because we locked her out, not sure that's 4 days growth 🤦) , I would have loved the RSPCA or BHS to attend as threatened as maybe they'd have told her she needs to up her game as a responsible owner. Just feeling sorry for the people who end up with her next 😥

Our best purchase was a camera from Guard My Farm so I have recordings of everything it was £124 runs on solar and a SIM and is absolutely fantastic if anyone needs security for their property!


This thread will remain as a permanent useful resource for anyone coming up against the same problem. Thanks for the update and well done!
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