Had major problems with our landlord , had several buildings of theirs damaged in the storms back in feb , still not replaced , they have paid for some corn to be stored . have had to put on hold buying fert as we have no room , another building we house cattle has been condemned so we will be short of room for cattle , will have to store machinery outside , bought all new wheat seed as no wheat to clean of our own on the farm , spent weeks helping them out with quotes for new buildings meetings etc which nothing has still come from but the question I would like to ask has anyone had similar problems with a landlord on an aha tenancy and have we got the right to claim distress for loss of earnings , I would also say the rent was paid to them on time last month , we cannot plan anything and it seems all one way traffic.
claim distress against aha lanlord ?
- Thread starter Surgery
- Start date
sounds a real nightmare can't help you with your question but i hope you get it sorted soon i couldn't take that kind of stress
glasshouse
Member
- Location
- lothians
Phone the TFA pronto. They will tell you what to do. You may have to join first.
llamedos
New Member
- Location
- Montgomeryshire
Are you employing an agent, or trying to handle it yourself?
As time moves on and AHA get rarer and rarer there appears a general trend for landlords and agents to "try it on" and avoid responsibilities under old Act. Support a strong TFA and make sure any tenancy agreement is honored. If you need an agent to represent you , you need to choose the right one; cos the wrong one still costs.
- Location
- Gainsborough, Lincolnshire
I'm pretty sure the tenancy will state that the LL has 3 months written notice to complete the repairs they are responsible for - or the tenant can carry out the work and recover the costs from the LL.
Unfortunately the only way to really recover costs is to deduct it from the rent.
You are then entering dodgy territory as regarding not paying rent on time etc.
I'm sure @blondeagadvisor will explain better than I can though.
Unfortunately the only way to really recover costs is to deduct it from the rent.
You are then entering dodgy territory as regarding not paying rent on time etc.
I'm sure @blondeagadvisor will explain better than I can though.
- Location
- Scottish Highlands
I don't remember a lot from my students days but I do remember that withholding rent is a very very dangerous thing for a tenant to do! As has been said, get professional advice.
Apart from anything else, dealing through a third party will tend to sour relations with your LL a lot less than if you do it yourself and things get heated.
Apart from anything else, dealing through a third party will tend to sour relations with your LL a lot less than if you do it yourself and things get heated.
rent was paid on time , they insure their buildings as we have found out , when the storm damage hit the buildings we had milling wheat in one shed and tractors in another , asbestos in the milling wheat and got wet but got lucky selling as feed wheat , we were told to clean it via a 3rd party and prove it , had damage to jcb. these buildings were damaged over 2 storms within a week so not a single claim but two. having the nfu help us writing to their insurers claiming their buildings are not fit for purpose , they wrote back with the landlords maintenance over the last few years but none of these buildings damaged had any work done on them ever , its going to be a long drawn out process , and just to add one of their buildings landed on top of one of ours and damaged that too !
tried doing it ourselves but they have left it to their agent who is as much use as a one legged man in an arse kicking contest as he seems to have no idea on an aha tenancy and has to refer to others in his firm so information gets lost in translation with someone who has not been out to see the farm , they also had the whole farm surveyed some three months ago as we had a smalll report made to give them and they still have not got their report all done by a very big land agents firm , wont say who ! It seems once they are having a draw (money) they are quite happy on ticking things over slowly.
tried doing it ourselves but they have left it to their agent who is as much use as a one legged man in an arse kicking contest as he seems to have no idea on an aha tenancy and has to refer to others in his firm so information gets lost in translation with someone who has not been out to see the farm , they also had the whole farm surveyed some three months ago as we had a smalll report made to give them and they still have not got their report all done by a very big land agents firm , wont say who ! It seems once they are having a draw (money) they are quite happy on ticking things over slowly.
cudota
Member
- Location
- east lancashire
glad to see somebody has more faith than me
Gormers
Member
- Location
- east yorkshire
Might be a good time now to gently mention the possibility of buying the holding - with all the dilapidation's
, you never know what landlords monetary situation might be.
NFU/TFA + good legal advice(solicitor) not agent a must.
Wishing you the best of luck.
, you never know what landlords monetary situation might be.NFU/TFA + good legal advice(solicitor) not agent a must.
Wishing you the best of luck.
blondeagadvisor
Member
- Location
- Warwickshire
Obviously this all starts with the terms of the tenancy and what has been agreed between the landlord and tenant. I would have thought that in this case the landlord would be claiming on insurance for these works- whether or not a claim on the landlords insurance for tenants costs for the lack of use of the buildings would be included I don't know, or whether it should be a claim on the tenants insurance. Whether or not you could put a claim to the landlord for them not sorting the situation is not something I am aware of whether you can do because they have been taking time, it isn't as though they have failed to do anything. There is also always the option of doing the works and having them as a tenant's improvement or fixture. This is a very complicated one to comment on without proper information, but I think it would be worth seeking professional advice, and if there is scope for a claim perhaps the fees incurred would be included?
Thanks.
Have an agent on the case now , probably have to get a solicitor involved at some time , do you get involved in that side of things ?
blondeagadvisor
Member
- Location
- Warwickshire
Glad you have got some help, yes I do, I studied law after land management so tend to get involved with LL & T and land law and a lot of valuation work as well as other general practice stuff!
I wondered if I could ask you one more thing , our landlord had an agents firm in to make a survey of the farm done in response to one we had done , our report was 1month from inspection to the report sent to them , there surveyor came out in June and still has not been made as we have been told by there agent , how long can it be left from inspection and the report , it's been 5 months , thanks
@Surgery - PM me if your agent isn't getting results but these things do take time. I know an agent near Swindon who is great at this sort of thing. It sounds as though the landlord's agent is either clueless, dillatory or overburdened with work. Probably a combination of all 3. It's costing you money & IMO you have a case for recompense.
blondeagadvisor
Member
- Location
- Warwickshire
I'm honestly not sure if there is a deadline on reports. I would see if a friendly solicitor would have the answer... sorry not to be more help!
Roy Stokes
Member
- Location
- East Shropshire
Michael Johnstone at Loxley Legal LLP (just google as I am hopeless with links) comes highly recommended by me, what he doesn't know about tennant/landlord/AHA situations isn't worth knowing, does'nt come cheap but was money well spent
Just had the landlord out and there two agents , they have basically led our landlord up the garden path and it's cost them more than 4 years rent so far this year and they still have to replace 3 barns and repair or rebuild the house.