Renting a field with no contract..

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    Renting a field with no contract..

    Hiya everyone looking into renting a field. Told them I would take it and asked if they had a contract for me to sign, they told me they don't bother with contracts they just expect that if I decided to leave I would leave it in the same condition I found it.

    Are there any overall laws which would cover me in terms of notice if they decided I would no longer rent it? Agreement is pay 1st of the month which I will set up as a direct debit. Thanks

    #2
    You will have a bare license so notice periods would be as agreed. If no notice periods have been agreed, then if you pay your rent monthly, a months notice is sufficient. It is normal in my neck of the woods that grazing is by verbal agreement and in 30 years i have only ever come across one written agreement although i think it is becoming more common. I would advise to take photos when you move your horses/sheep/cows in, and another set when you leave to be able to show the condition.

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      #3
      This may be a licence, nut it is not a bare one; there is also a contract. The terms of the contract include the rent and the condition on return.

      Actually, I think it is a lease, not a licence, as I presume there is exclusive use.

      (The term "bare licence" seems to be mainly used in the open source community, where software is licensed with no "consideration", even then, some people believe that bare licences are void, unless executed as deeds. I this case, there is consideration, the rent._

      Comment


        #4
        It depends on (a) whether the arrangement is a licence or a tenancy and (b) if it is tenancy, what you are going to use the land for.

        Whether an arrangement is a licence or a tenancy depends on a number of factors, but the significant one here is whether the occupier has de facto exclusive possession, that is whether the owner is effectively excluded and the occupier has control over the land. Jon66 mentions grazing. There is a broad distinction between grazing livestock on land which is lying fallow and using land which the owner has no intenton of growing crops on as a paddock to keep horses for personal use. Whilst the devil can be in the detail, the former is probably going to be a licence and the latter a tenancy.

        If the arrangement is a licence it will be a contractual licence rather than a bare licence. A bare licence is where you allow someone on your land and no consideration is involved and there is no intention to enter into legal relations. An example would be inviting your neighbour round to admire your roses. All a bare licence does is to authorise an action which would otherwise be a trespass. It can be revoked at any time. A contractual licence involves a bargain, consideration and an intention to create legal relations. If the terms of the agreement do not specify how it can be ended, then the period of notice has to be reasonable. What is reasonable depends on all the circumstances, but absent any special consideration, if the licence fee is payable monthly then a month's notice is probably reasonable.

        If the arrangement is a tenancy, the position depends on what the land is going to be used for. When considering whether and how statute regulates how a tenancy can be ended there are four categories: (a) residential (b) agricultural (c) business (d) none of the above.

        The circumstances would have to be a bit unsual for a tenancy which does not include a dweliing to be residential.

        A tenancy is agricultural if the land is used for or in connection with raising livestock or growing plants to produce food or some product such as wool or flax. If I recall correctly, a monthly periodic tenancy can be terminated by a month's notice to quit by either party.

        A tenancy is a business tenancy if the land is used for a trade, profession or employment or any activity carried on by a body of persons. A monthly periodic tenancy can only be terminated by the landlord followng the procedure set out in Part II of the Landlord and Tenant Act 1954 and that involves a minimum of six month's notice. Uses of a field which would create a business tenancy include: use in connection with a livery stable or riding school; storage of items in connection with a business other than agriculture; a caravan park.

        If the tenancy comes into the "none of the above" category, the common law rules apply. Where the terms of the tenancy do not expressly state the periods of the tenancy or the period of notice to quit, if the rent is payable monthly then either party may end the tenancy by a month's notice to take effect at the end of a period of the tenancy. Uses of a field which come into this category include: a paddock to keep horses for personal use; parking your private collection of Morris Minors.

        Comment


          #5
          I'm in need of desperate help. Been renting field for 6 years. Rent paid at first then did work for landowner for rent payments. Verbal. Although I have a txt saying I work for rent payments. Just been kicked off with few days notice. Threatening solicitors letters received and now saying I havent paid rent in years. I moved my animals off a few days ago but I work 24 hour shifts and they are now running me into the ground to get my belongings off by tomorrow. I paid to have fencing done. Reroofing the stables and to have tree removed that fell into the paddock. Apparently I'm delusional despite having proof. I can't afford a solicitor. He said it was my my right to have repairs done and doesn't owe me anything. My work for him paid rent til November! So angry I'm being bullied by him and his soliciter. Any idvice would be fab thanks

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            #6
            We need some more detail, please. Do you have a written agreement? What use do you put the land?

            Comment


              #7
              I rent a field to horse owners under a grazing licence drawn up by a land agent, one year with a break day. I was told it is easier to ask them not to renew after the year that way

              Comment


                #8
                Originally posted by Karen View Post
                I rent a field to horse owners under a grazing licence drawn up by a land agent, one year with a break day. I was told it is easier to ask them not to renew after the year that way
                My local council gives a 364 day grazing licence and insists they are off on day 365. It gives the council the opportunity not to renew the licence again.

                Comment

                Latest Activity

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                • Renting a field with no contract..
                  by k95
                  Hiya everyone looking into renting a field. Told them I would take it and asked if they had a contract for me to sign, they told me they don't bother with contracts they just expect that if I decided to leave I would leave it in the same condition I found it.

                  Are there any overall laws...
                  24-06-2019, 17:43 PM
                • Reply to Renting a field with no contract..
                  by Always Problems
                  My local council gives a 364 day grazing licence and insists they are off on day 365. It gives the council the opportunity not to renew the licence again....
                  28-08-2019, 17:24 PM
                • Reply to Renting a field with no contract..
                  by Karen
                  I rent a field to horse owners under a grazing licence drawn up by a land agent, one year with a break day. I was told it is easier to ask them not to renew after the year that way
                  22-08-2019, 15:34 PM
                • Reply to Renting a field with no contract..
                  by Lawcruncher
                  We need some more detail, please. Do you have a written agreement? What use do you put the land?
                  09-08-2019, 19:11 PM
                • Reply to Renting a field with no contract..
                  by Toni87max
                  I'm in need of desperate help. Been renting field for 6 years. Rent paid at first then did work for landowner for rent payments. Verbal. Although I have a txt saying I work for rent payments. Just been kicked off with few days notice. Threatening solicitors letters received and now saying I havent paid...
                  09-08-2019, 11:29 AM
                • Reply to Renting a field with no contract..
                  by Lawcruncher
                  It depends on (a) whether the arrangement is a licence or a tenancy and (b) if it is tenancy, what you are going to use the land for.

                  Whether an arrangement is a licence or a tenancy depends on a number of factors, but the significant one here is whether the occupier has de facto exclusive...
                  25-06-2019, 10:33 AM
                • Reply to Renting a field with no contract..
                  by leaseholder64
                  This may be a licence, nut it is not a bare one; there is also a contract. The terms of the contract include the rent and the condition on return.

                  Actually, I think it is a lease, not a licence, as I presume there is exclusive use.

                  (The term "bare licence" seems...
                  25-06-2019, 09:52 AM
                • Reply to Renting a field with no contract..
                  by Jon66
                  You will have a bare license so notice periods would be as agreed. If no notice periods have been agreed, then if you pay your rent monthly, a months notice is sufficient. It is normal in my neck of the woods that grazing is by verbal agreement and in 30 years i have only ever come across one written...
                  25-06-2019, 00:08 AM
                • Tenancy For Life ?
                  by Another Fine Mess
                  I have been renting some Agricultural Land land since 1984 off a Public Body, my lease ran out a few years ago and I have carried on paying the rent.
                  They have a "New" Managing Agent, and on their "Rent Invoice" they state Without Prejudice to Expiry 30/06/1994.
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                  17-03-2019, 13:13 PM
                • Reply to Tenancy For Life ?
                  by Lawcruncher
                  You do not have a "lifetime lease" but probably a lease which it is difficult for the landlord to end during your lifetime. If, as is likely to be the case, you have a tenancy under the Agricultural Holdings Act 1986, it did not end when the fixed term expired but continued under the Act....
                  17-03-2019, 18:45 PM
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