we have to get out by jan 17 urgent help needed

Drillman

Member
Mixed Farmer
It grates me sometimes, farms looking at our business and thinking I probably make a load of cash to afford the machines we run, then question me why I haven’t bought a house like they have. Maybe because I have no assett to borrow against, no sfp cheque and I have burnt down my money tree.
On the flip side I bet a lot of sfp cash pays my invoices
When you come fencing to us i will have to find a different pot of money to pay you as i spent all the SFP money on a fresh tractor;)
 

DRC

Member
No its not a one size fits all comment, if you are paying a lower rents on a AHA why should all the payments be available at the same level as FBT or ownership if its not farmed to its potential as the tenancy was originally taken for
Daft comments in my opinion. Firstly why do people always bang on about the rents on AHA being too low, when they are determined on the earning capacity of the farm. Try saying that FBT rents are too high for a change. Secondly, why shouldn’t we have access to environmental schemes, which can work well alongside farming operations . I suppose you just think owner occupiers need the money from schemes.!
Finally , so what if some farms look under stocked or farmed differently . If every acre was producing more food, what would that do to prices?
Our HLS scheme dovetailed nicely with what we were doing.
 

glasshouse

Member
Location
lothians
As i said before perhaps my views are clouded by the farms i see that are falling down ,buildings in disrepair ,ditches full, fences non existent and hedges 20ft wide and 40ft high I know some of these could be corrected under the terms of the tenancy,
On an Aha tenancy, if the buildings are falling down that is the fault of the landlords bad management to ensure they are maintained or replaced by the landlord or jointly.
A large proportion of farm buildings have been built by tenants so landlords have no interest in them, the old adage of not respecting something u got free
 
Daft comments in my opinion. Firstly why do people always bang on about the rents on AHA being too low, when they are determined on the earning capacity of the farm. Try saying that FBT rents are too high for a change. Secondly, why shouldn’t we have access to environmental schemes, which can work well alongside farming operations . I suppose you just think owner occupiers need the money from schemes.!
Finally , so what if some farms look under stocked or farmed differently . If every acre was producing more food, what would that do to prices?
Our HLS scheme dovetailed nicely with what we were doing.

Agreed.....

Lifetime friend has AHA on his farm and declined to submit an offer for FBT which would have been ideal for him simply because it was through the same Land Agent as his AHA and he was afraid that the rate needed to secure an FBT would come back to bite him at the next rent review.

" If you can afford £xx on the 40 acres of FBT why should that not be the rate for your AHA ? "
 

Forever Fendt

Member
Location
Derbyshire
Agreed.....

Lifetime friend has AHA on his farm and declined to submit an offer for FBT which would have been ideal for him simply because it was through the same Land Agent as his AHA and he was afraid that the rate needed to secure an FBT would come back to bite him at the next rent review.

" If you can afford £xx on the 40 acres of FBT why should that not be the rate for your AHA ? "
So he knows he is on to a good thing with the AHA at a reasonable rate (y)
 
So he knows he is on to a good thing with the AHA at a reasonable rate (y)

If his whole farm was at the rate needed to secure the FBT his farming business would be bust.

FBT rates are non sustainable, merely willy-waving excercises, but cant blame landlords for using them.

They are a bit like telling every householder with a mortgage that their mortgage has to be based on current market values !!
 
The bigest problem is the cycle it creates with ll developing an expectation of 5 extra every year or review. Rents should be simple - what tenants are willing to pay - so tenants share some blame... payin 90 an acre For permanent pasture is madness and a loss makin exercise bt as long as their are hobby farmers subsidisin their hobby they will rent a 10 acre field for that rate meaning the 50acre blocks owners expect the same rate
 

DRC

Member
Basic simple terms AHA is for a generation (or two) and FBT for a fixed term 5, 10 or sometimes 15 years.
Two successions , so can be three generations , but there are strict terms, including the successor earning all their income from the farm for the previous 7 years ( if a tenant dies for instance ).
You could fall foul of the terms if you say, went off farm for two days a week, or even contracting . Landlords agents are sharper on trying to prevent succession in many cases.
 
Virtually all farm tenancies that were in place in 1976 became AHA tenancies.
The 1976 act was so favourable for tenants and unfavourable for landlords that no sane landlord would rent a farm out.
In order to rectify the situation in the early 1990's tenancy law was changed to allow free negotiation on the terms of tenancies, the Farm Business Tenancy.
 

glasshouse

Member
Location
lothians
Virtually all farm tenancies that were in place in 1976 became AHA tenancies.
The 1976 act was so favourable for tenants and unfavourable for landlords that no sane landlord would rent a farm out.
In order to rectify the situation in the early 1990's tenancy law was changed to allow free negotiation on the terms of tenancies, the Farm Business Tenancy.
Now its the other way round, no sane tenant would rent a farm on a fbt
 
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DRC

Member
Can someone please explain why you lot are posting all this chat on a thread where the OP is obviously desperate for help?
Apologies to the OP for going off topic, but it’s all been explaining about different types of tenancy. We did point him towards the tenant farmers association and other charities that can help .
He needs to take proper legal advice, not from us on here, as I can’t work out why he would’ve had land taken off him for the stocking rate. He does have rights as a tenant as long as he was paying the rent and not breaking any laws or x compliance issues.
Why did he agree to give up land and on what grounds is he being evicted?
I wish him well in getting it sorted .
 

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