Tenants Rights?

[3OldPonies]

As posted on the regional boards, the field I rent is being sold at present. According to the seller (current landlord) the buyer has said I can stay, but I've heard nothing from the buyer and am having trouble getting to speak to them even though they live opposite. Does anyone know, after being on the land for almost 18 years - do I have any specific rights as such a long standing tenant?

 

[FemelleReynard]

What type of tenancy agreement do you hold?

Unfortunately, the length of time you've been there doesn't have an impact unfortunately, it's based on what type of agreement you hold and what rights are afforded to you by this.

If you let me know the type of agreement you are on, I can tell you more.

 

[3OldPonies]

oh dear, sounds like I could be on a sticky wicket. I was hoping that the length of time might come into play. The agreement was only verbal, the owner would rent the field and stables to me for a sum of money per month, no unenecessary vehicles in the field, no parking in the field and me to do day to day maintenance as the owner lives so far away and wouldn't be able to get there all the time. The owner was to pay the water bill and for any major repairs, although I would do the work if a contractor wasn't needed. There is no electricity supply. I was also to be on hand if, for instance the parish council needed access to do work to the footpath gates and that kind of thing as well so that the owner wouldn't need to be present.

 

[popsdosh]

When exactly did you start renting it ? You sound like you are in the cross over period of two tenancy acts that would have a huge bearing on were you stand. You do not need a written tenancy in place as if there isnt it is most likely the landlord who loses out from it.If you would rather PM specifics thats ok I will do my best to help.

 

[FemelleReynard]

As popsdosh says, it doesn't matter if it's not written, it can be established what type of agreement you have by looking at the undertakings of the parties (with regards to repairs etc) and actual start date of the agreement.

It seems like popsdosh has offered their help privately, but I will also extend this offer if you wish to send me specifics on an inbox message, I will help/advise where I can.

 

[3OldPonies]

Thanks guys. I can get into specifics with you privately if need be, but I'm quite happy to share a start date publicly. I can't be exact off the top of my head and I would need to go and search at my father's house for that but I began renting at the start of May 1998.

You both sound very knowledgeable, and if you could just give me a little general advice to begin with (on here or privately) it would be much appreciated. I'm a little panicky at it all right now and just seeking some reassurance that I can't get kicked off with no notice, as land round here is pretty hard to come by as there are a few big yards potentially closing and loads of people are looking.

 

[FemelleReynard]

Based on that date, my first thought would be that you have a Farm Business Tenancy under the Agricultural Tenancies Act 1995. However, to have this type of tenancy, the land would have to have been used primarily for agriculture. I'm making the assumption that you've used it for horses, and although there is some potential here for grazing horses to be classed as agricultural if used for trade or business (it's an ongoing debate within the industry whether equines qualify or not), generally horse use will not qualify to fall into an Farm Business Tenancy (FBT). As I said, I'm assuming it’s horse use, but please correct me if I'm wrong!

The alternative to the FBT is a Common Law Tenancy which is more likely in this case if the land was used for horses. Essentially with this type of agreement the parties agree their terms and from what you've said your responsibilities are and what the landlord does (which aren't common in ag tenancies) it seems this is more likely what you operate on.

The bad news is, none of these offer any security of tenure to the tenant, and consequently the landlord can serve notice to end the agreement at any time (subject to minimum notice periods and after the initial term), and potentially subject to certain conditions being met (such as they can serve notice to terminate - a break clause - on obtaining planning permission for redevelopment is an example, obviously this will depend on what was agreed between you and your landlord).

If you're really want to fight this my advice would be to take professional advice from a land agent, but unfortunately it looks as though they have the legal right to get you off the land when it's sold. Although, that doesn’t mean they will. If the new owner is just buying the land as an investment, they may be happy to continue with you on there as a sitting tenant, so it’s worth you continuing to try and get hold of them to find out their intentions.

Have a read of this it may offer you some guidance: http://www.mills-reeve.com/letting-land-for-grazing-horses-a-landowners-brief-guide-09-03-2014/

Or this which relates to agricultural tenancies: https://www.gov.uk/guidance/agricultural-tenancies

 

[3OldPonies]

Thanks AJT92, I think we're talking about a Common Law Tenancy, the land is only in use for horses and hasn't been farmed since probably the 1960s. I think the new owner is looking to buy so that he can expand his own radio hobby and be able to put aerials all over it - not the vertical sort they're really just cables strung from tree to tree or fence post to fence post, so the two things could co-exist. Fortunately his wife likes horses and I've always got on fairly well with them, so I shall just have to carry on trying to speak to them to find out their intentions.

 

[Maesfen]

If you know them why not write them a note asking if and when could be convenient to discuss this and pop it through their letterbox?