Renting yard area on family farm , wants us out

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    Renting yard area on family farm , wants us out

    Good morning,

    Am hoping you can give me some advice please.
    Have paid monthly "yard" rent on time for last 15 or so years, rent free prior to that.
    Verbally told yesterday to move out by November. "You have outgrown yard"
    No written agreement or lease just monthly invoices stating "yard rent". Yard also used for personal non business related stuff.
    No mention on invoice of shed we took over to which we are sole key holder. No facilities provided by LL, we put in electric from farm house and water.
    Free to come and go as we please 7 days a week. No LL locked access to farm yard or rented area.
    Family farm.
    Business now employs 8 people and moving it will be hugely difficult due to rural location and therefore travelling distances for employees. Service industry based visiting Clients properties.

    He is a bit of a bully, in his 70s and not particularly well but if it has to be decided in Court so be it.

    Thank you for any help or advice.

    Charles

    #2
    I suspect owner sees a better return with someone else.

    Why not ask what rent increase would allow you to stay?

    Comment


      #3
      Thanks for your reply.
      Fair point but suspect there is an anterior motive.

      Comment


        #4
        Did you not consider contingency plans for loss of yard (for whatever reason...) any time during those 15+ years?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          The plan had always been to pass farm generation to generation.

          Comment


            #6
            I can't see a court agreeing that you have any rights beyond what is in your contract (whether implied or written). This is not a residential tenancy. he wants his land back and you seen to have been given more than sufficient notice (nearly half a year).

            Comment


              #7
              You say you are carrying on a business. So along as it is not agricultural you have the protection of Part II of the Landlord and Tenant Act 1954. If your landlord wants possession he has to establish one of the statutory grounds:.See here: http://www.lawsonlewis.co.uk/landlor...-of-tenure.htm

              Comment


                #8
                Lawcruncher,

                Thanks for the link. We are carrying on a profitable business supplying Grounds maintenance services so I guess that means Ag based though we grow nothing. I was not aware the the Act was business specific but this is all rather new to us.
                we have installed our own buildings plus have the sole use of one we were initially given.

                Comment


                  #9
                  I assume planning status of farm is still agricultural? May be wrong but I think you would need change of use to carry out the business you do in the buildings (but more than 10 years would get cert of lawfulness). You would not class as agricultural for planning. I would think you would be entitled to compensation for the improvements you have made or the buildings you have put up but if that was agreed why stay? I do not understand the concept of passing the farm generation to generation - does the owner have children? Do they have plans for the place? Is that the ulterior motive?
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment


                    #10
                    islandgirl,

                    Thanks and yes the land owner has a daughter (my wife) and we have a son......
                    Farm is still working.

                    Comment


                      #11
                      Sounds like farmer intends selling for residential development.

                      Why not suggest you become a partner in development with the farmer, in exchange for keeping your little bit?

                      Comment


                        #12
                        What do Grounds maintenance services involve exactly?

                        Comment


                          #13
                          Thanks All.
                          Development is possible but unlikely planning would be granted. This being the case that is a valid reason for notice but there is no known intention to redevelop. Tenure of area commenced 1993 so before the changes in 1995.

                          Grounds maintenance is essentially gardening.

                          cheers
                          Charles

                          Comment


                            #14
                            Originally posted by Charles Crawfurd View Post
                            The plan had always been to pass farm generation to generation.
                            Was that the farmer's plan for his farm or your plan for your rental?
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment

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