Yard Rental-Landlord access quiery

[Tiliyrose]

Please Help! I rent a cottage with stables and 3 fields with a private track. Its very isolated and Im on my own in the cottage.. The owners gardener walked his dogs up my track and around the fields I rent, which turned into a stalking case and he was dismissed after 3 years. I have had problems with 3 gunmen who use my private security gate, park on my drive and shoot rabbits in my horse fields. Im never informed, they all turn up weekends evenings weekdays etc and shoot beside my house and in with the animals. Last week a workman came in a tractor and cut back brambles set them on fire and left the fire burning in the paddock with my donkeys, they burnt wood with nails attached. I have no written contract but keep receipts for livery, I roll harrow and top fields fix fencing creosote the stables and weed kill, I've had the stables for 5 years and my cottage for 15 but I can't stop my landlord letting men into my private gate up to my cottage to do whatever they want in the fields I rent. ...Is this OK?! Or should they give notice? Is it legal to shoot in rented fields with horses grazing? Im a nervous wreck !

 

[jrp204]

I think you need someone to look at your tenancy agreement. Maybe contact a local land agent.

 

[Goldenstar]

Yes it's legal to shot in rented fields with horses in them in fact it's legal ( though bad manners ) to shoot vermin and game on land owned by other people if someone else owns the shooting/ hunting rights .
You don't have a tenancy ,you need proper advice from a land agent .

 

[ester]

Do you have a tenancy for the cottage either or not?

I am not sure it wholly matters even if informal though, you still have a right to quiet enjoyment (or whatever the phrasing is) of the property, whether that extends to the paddocks if attached I wouldn't be sure. I presume you have spoken to the LL?

 

[Tiliyrose]

Thank you so much for your advice. I do have a tenancy agreement for the cottage but nothing for the yard or grazing. I think Il try and find a land agent as the Citizens advice and police don't really know either. I have spoken to my LL, he makes all the right noises but he doesn't follow through with anything he says....I don't think he's paid out more than £50 in maintenance in 15 years lol

 

[SusieT]

Can you padlock gates? Without a written agreement you might find you lose the land tho...

 

[Goldenstar]

The landowner will have the right to allow people to go onto the land for vermin control.
They don't have to tell you ( but it would be good manners ) .

 

[PeterNatt]

Take a look at 'The Code of Good Shooting Practice'.

 

[popsdosh]

Take a look at 'The Code of Good Shooting Practice'.

That is fine but who polices it . Its toothless just whats considered good manners.
Generally under any tenancy agreement LL will have a right of access and most likely will have retained sporting rights. I think if you make to much fuss you may be on thin ice as your tenancy will only hold any power up to the next renewal and it sounds like the trust has broken down.

 

[Exploding Chestnuts]

Thank you so much for your advice. I do have a tenancy agreement for the cottage but nothing for the yard or grazing. I think Il try and find a land agent as the Citizens advice and police don't really know either. I have spoken to my LL, he makes all the right noises but he doesn't follow through with anything he says....I don't think he's paid out more than £50 in maintenance in 15 years lol

Write out a contract, and ask him to sign it. Suggest that this formal arrangement will be good for him, as the legal situation is unclear after you have been using the fields for more than twelve months.
Put a padlock on gate and a small but official looking notice in small print asking folks not to shoot as equines are in the field, and they will be liable for all and any costs related to damage to your property. The notice should look similar to those used for for change of purpose for planning. A lot of small print and formal language-babble re agistments! Protection of Wildlfe, even the Firearms Act etc etc?
http://agriculture.vic.gov.au/agric...agement-for-horse-owners/agistment-for-horses
No need to specify what is your property.
Not much more you can do.

 

[Exploding Chestnuts]

Here is a nice formal notice, all you do is change the wording, just be careful you don't upset landowner too much!
You could ask him if he minds if you put a wee notice up as you really don't want people shooting near horses.
http://www.legislation.gov.uk/ukpga/2006/45/pdfs/ukpgaen_20060045_en.pdf

 

[Goldenstar]

Here is a nice formal notice, all you do is change the wording, just be careful you don't upset landowner too much!
You could ask him if he minds if you put a wee notice up as you really don't want people shooting near horses.
http://www.legislation.gov.uk/ukpga/2006/45/pdfs/ukpgaen_20060045_en.pdf

And sit and wait for him to serve notice .
OP be very very careful how you approach this .
I appreciate the problems you have had but people shooting vermin is just one of those things people do .
I think it's reasonable to ask the they let you know when they are coming .
The Brambles and the fire is strange why after doing no maintainence for years they are done that .
I would avoid letter writing if at all possible once you start that you really risk escalating things .

 

[popsdosh]

And sit and wait for him to serve notice .
OP be very very careful how you approach this .
I appreciate the problems you have had but people shooting vermin is just one of those things people do .
I think it's reasonable to ask the they let you know when they are coming .
The Brambles and the fire is strange why after doing no maintainence for years they are done that .
I would avoid letter writing if at all possible once you start that you really risk escalating things .

I agree with GS dont antagonise because you may find yourself looking for another house and paddocks. Im afraid under more recent tenancy acts you have very little protection as the agreements are so short .

 

[Tiliyrose]

Thank you so much for this advice Its very helpful to hear other views Im very grateful... I agree I don't want to antagonise my LL. Ive never defaulted on rent and always maintained my cottage and fields to a high standard. But recently forked out a lot to secure fencing and installed a woodburner as I have no heating so don't want to be evicted suddenly just yet. I suppose one has to grit their teeth and be grateful.. Its just a worry when you don't trust people not to put your animals in danger of injury.

 

[Clodagh]

I would just speak politely to the people doing the maiontenance or shooting. I admit we do everything here while the horses are out so they are quite unfazed by shooting or bonfires.

 

[Tiliyrose]

I would just speak politely to the people doing the maiontenance or shooting. I admit we do everything here while the horses are out so they are quite unfazed by shooting or bonfires.

Its kind of knowing who's about really. When your in the middle of nowhere and suddenly you see a face in the bushes wearing a balaclava it can be a shock! LL's surely should give notice? I have asked but the staff don't take any notice. I spoke to environmental health and they said these days you risk being evicted if you complain even if the house is in a state of being condemned, so you really have to learn to accept I suppose.

 

[Goldenstar]

I would just speak politely to the people doing the maiontenance or shooting. I admit we do everything here while the horses are out so they are quite unfazed by shooting or bonfires.

So do we the horses just watch then wander off.

 

[DD]

From what you have stated it sounds like the LL has retained the sporting rights and is also asking staff or contractors to maintain the paddocks eg the bramble and fence tiding and burning. He is within his rights to do this. Also the driveway and gate and land belong to your LL and he has a right to use them or let others use them, I would have thought. He doesn't have to give you notice although it would be good manners. He/they might not be giving notice to you because it may be difficult for them eg do the shooters know your name? or they may all just feel that you would cause trouble for them or they simply don't want to create a precedent where by they are obliged in the future to always give notice when they want to do things. However your right to enjoy a peaceful time in the home is interesting and I am sure we would all be interested to hear of any outcome about this.
It is probably easier for all for you to either just put up with it or move.
I think the best thing you can do here is to make friends with the shooters and others. offer cups of coffee and cake, talk to them and when you all know each other you can put your points forwards eg I don't think the person lighting the bonfire realised that the animals could be hurt by bits of wood or nails I wouldn't have thought anyone is doing anything deliberately to harm the animals they are just doing their jobs and getting on with it. you need to make friends and then influence them.

 

[honetpot]

I suggest you look up farm tenancy agreements, which the landowner may allowed to come into force, they could give you more rights if you can prove the land is actually tied to the house rental. He has obviously split them to stop one happening, the fact he is not asking you for access is a way of enforcing the fact the land is just leased, not rented.

 

[Passtheshampoo]

Could they shoot in the fields you're not using ? Presuming you only use one field at once

 

[Tiliyrose]

I suggest you look up farm tenancy agreements, which the landowner may allowed to come into force, they could give you more rights if you can prove the land is actually tied to the house rental. He has obviously split them to stop one happening, the fact he is not asking you for access is a way of enforcing the fact the land is just leased, not rented.

I see, Ok thats interesting thank you, I think i will have a word with my neighbours who are farmers as I think theres a farm tenancy number you can call If you have membership and they advise on this kind of thing, great help thanks

 

[Tiliyrose]

Yes If I had notice I could certainly. I have done before but then they shoot across my drive, they used to shoot into my garden but I put a fence up as my dog wanders around. They're very gun hoe

 

[popsdosh]

I suggest you look up farm tenancy agreements, which the landowner may allowed to come into force, they could give you more rights if you can prove the land is actually tied to the house rental. He has obviously split them to stop one happening, the fact he is not asking you for access is a way of enforcing the fact the land is just leased, not rented.

Are you seriously saying the OP should risk their housing by antagonising their landlord. There are so many levels what you are suggesting is wrong! The most obvious being horses would not constitute an agricultural tenancy . Even if it was being used for agricultural the best the OP could hope for would be the unintentional creation of a FBT which the landlord would immediately give notice to quit with 12 months notice. I am afraid what you suggest will just totally break down any trust between LL and tenant. Crazy suggestion. Another google warrior suggestion ,hopefully OP yours friends will not let you entertain that hope for very long.

 

[ponypatters]

Get a formal contract sorted, I can give you a template tenancy agreement if you PM me, it will give you a starting point and you can ask them to sign it. Sounds awful !

 

[Damnation]

I'd approach this from the "damsel in distress" angle as by the sounds of things you'd rather the shooters let you know they were there more than anything.

I'd be speaking to LL and telling him that you don't mind people coming on the land, but as a lone woman in an iscolated area you would prefer if they could just knock on the door and announce their presence. Perhaps even state that on cold days you are happy to provide hot drinks.

This gives you an opening to potentially get to know the guys and just say "look, let me know when you are here and try to avoid my animals, in return I will keep the buiscuit tin stocked up!" or something like that.

Keeps everyone happy. If it works!

 

[Goldenstar]

OP Please please be careful some of these suggestions might lose you your yard and in six months your cottage .

 

[ihatework]

I'd approach this from the "damsel in distress" angle as by the sounds of things you'd rather the shooters let you know they were there more than anything.

I'd be speaking to LL and telling him that you don't mind people coming on the land, but as a lone woman in an iscolated area you would prefer if they could just knock on the door and announce their presence. Perhaps even state that on cold days you are happy to provide hot drinks.

This gives you an opening to potentially get to know the guys and just say "look, let me know when you are here and try to avoid my animals, in return I will keep the buiscuit tin stocked up!" or something like that.

Keeps everyone happy. If it works!

Sounds like this is the way to play it!

 

[Elf On A Shelf]

As above. Have a word with your land Lord, give him your mobile number if he doesn't already have it and ask if the shooters, maintenence guys et Al could drop you a text 24hours in advance so you can move animals and get the biscuits in if necessary.

Don't go in all guns blazing just a wee word and you'll probably find your ll didn't even consider that it might upset you and agree to message you or get the guys to message you when needed.

 

[Pinkvboots]

I rent a similar set up to you which is surrounded by farm land farmed by my landlord, he also allows shooting rights to a local shoot, my landlord is not horse savvy and he would think nothing of opening a field gate with horses in and proceed to cut hedges or similar, I have explained to him that my horses are not used to farm machinery and that could he always phone me if ever he needs access and he is generally very good, I have also spoken to the shoot who have said they will let me know when they shoot on my boundary, this was after an incident last month where they were shooting almost in my back garden.

I agree with the other posters that say lay on the charm it will work in your favour after all behaviour breeds behaviour, quoting laws and the such will just make a bad relationship and I really think some people just have no idea when it comes to animals.

 

[Tiliyrose]

I rent a similar set up to you which is surrounded by farm land farmed by my landlord, he also allows shooting rights to a local shoot, my landlord is not horse savvy and he would think nothing of opening a field gate with horses in and proceed to cut hedges or similar, I have explained to him that my horses are not used to farm machinery and that could he always phone me if ever he needs access and he is generally very good, I have also spoken to the shoot who have said they will let me know when they shoot on my boundary, this was after an incident last month where they were shooting almost in my back garden.

I agree with the other posters that say lay on the charm it will work in your favour after all behaviour breeds behaviour, quoting laws and the such will just make a bad relationship and I really think some people just have no idea when it comes to animals.

I agree with not antagonising for sure , and also the ignorance to safety, ..I have always been friendly especially as Im here alone, I don't want anything to happen when Im not here in regards to retaliation ..Im not looking for any aggravation. I am slightly reluctant to be too friendly as I had a problem over the estate gardener who was dismissed for stalking, I think they're given the right to access this quiet area and don't respect common boundaries. I don't want to come across as hyper territorial I simply want to keep the horses safe and to know who's about and to keep on polite terms. Im very grateful for all the advice and ideas. I have asked the LL who said he or his wife always inform me, which has never happened in 5 years! ! oh once I think his wife texted me.