New building without landlord permission.

Location
southwest
As we need more shed space to meet the nvz rules and nothing has changed in relation to animal numbers since before the rule came in, is the anyway on a AHA tenancy you can get permission without being expected to give other useful buildings. Most of the building on the holding we have put up over the years with permission but no help from the landlord.

I see where you're coming from but new rules, such as NVZ are your problem, not the Landlord's.

Rents didn't drop when Quotas or set aside came in, are you expecting a rent reduction if/when glysophate is banned?

Landlord might well say you're over stocked.
 

Forkdriver

Member
Livestock Farmer
I put up 100x65 grain store without landlords permission, I think they were a bit nonplussed. At the end of the day it was a tenants fixture and I could have been made to take it down if we left. We didn’t, purchased farm 5 years later.
In that case you paid to put up the shed and paid the owner for it when you bought the farm.
 

chipchap

Member
Mixed Farmer
Location
South Shropshire
Many tenants erect buildings without landlord consent, in which case the building is a tenants fixture and remains the tenants property; the landlord cannot steal the building by write off. However the landlord can insist on reinstatement and removal of the building at the end of the tenancy.
 

Manny

Member
Mixed Farmer
Location
In the middle.
Many tenants erect buildings without landlord consent, in which case the building is a tenants fixture and remains the tenants property; the landlord cannot steal the building by write off. However the landlord can insist on reinstatement and removal of the building at the end of the tenancy.
This would be ok but father is still tenant and not in the best of health and as the landlord is being extremely unhelpful I'm worried that in 5 years or less If the worst happens to father, we could be in a situation where we are told to remove the building which would be yet another huge cost after getting it built and fitted out.
 

Nearly

Member
Location
North of York
This would be ok but father is still tenant and not in the best of health and as the landlord is being extremely unhelpful I'm worried that in 5 years or less If the worst happens to father, we could be in a situation where we are told to remove the building which would be yet another huge cost after getting it built and fitted out.
Or if he gives you permission then he'll have to pay you out on it when Dad dies and he tries to kick you off.

Join the TFA for advice rather than TFF.
 

chipchap

Member
Mixed Farmer
Location
South Shropshire
It was always my understanding that to qualify as a tenant's fixture the building, or other improvement, has to be agreed with the landlord first, otherwise it just becomes the landlord's possession.

As I understand it, strictly speaking if the landlord gives consent it is a tenants improvement; even if the landlord tries to insist it to be a fixture. If they do not also insist on a write off period compensation can be sought by the tenant at the end of the tenancy.
 

Forkdriver

Member
Livestock Farmer
Many tenants erect buildings without landlord consent, in which case the building is a tenants fixture and remains the tenants property; the landlord cannot steal the building by write off. However the landlord can insist on reinstatement and removal of the building at the end of the tenancy.
And that's leverage that the unscrupulous will use.
 
Location
southwest
The landlord is required to provide facilities for you to meet Statutory Obligations.

But LL might well argue that the tenant has too many stock! If a 100 acre farm has 80 odd dairy cows and is finishing 3/400 cattle a year on bought in barley, I doubt the LL would provide all the buildings.

Tenant in this case isn't really in a good position to argue his case for putting up more sheds to comply with anti pollution rules.
 

chipchap

Member
Mixed Farmer
Location
South Shropshire
But LL might well argue that the tenant has too many stock! If a 100 acre farm has 80 odd dairy cows and is finishing 3/400 cattle a year on bought in barley, I doubt the LL would provide all the buildings.

Tenant in this case isn't really in a good position to argue his case for putting up more sheds to comply with anti pollution rules.
It would all depend on who had financed the sheds to finish those cattle.
 

Drillman

Member
Mixed Farmer
This would be ok but father is still tenant and not in the best of health and as the landlord is being extremely unhelpful I'm worried that in 5 years or less If the worst happens to father, we could be in a situation where we are told to remove the building which would be yet another huge cost after getting it built and fitted out.
To be honest in that situation I would be more concerned with a succession to the tenancy for long term business stability before investing in a building on a site i didnt own.
 

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Red Tractor drops launch of green farming scheme amid anger from farmers

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As reported in Independent


quote: “Red Tractor has confirmed it is dropping plans to launch its green farming assurance standard in April“

read the TFF thread here: https://thefarmingforum.co.uk/index.php?threads/gfc-was-to-go-ahead-now-not-going-ahead.405234/
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