Old tennant won’t leave

puppet · Nov 20, 2021

Your contract should surely give an entry date and what happens if you cannot gain entry. You cannot be expected to pay rent for something you cannot use. Should you actually have the use of his sheds too? If that is not clear then your agent needs to do their job.
It is the landlords problem as he should had him out before offering it for rent. It is not up to you although you could bring pressure to bear. I wouldn't worry about what others think that you pushed out someone who was neglecting stock and avoiding rent.
Get the RSPCA round. If some of the calves need shot then that is not your blame. If you offer to care for them then do a deal and get him out of your hair

borderterribles · Nov 20, 2021

Formatted said:
Don't stop paying your rent, its is grounds for closing your tenancy

This is the landlords problem and they are in breach of your agreement with them as it should have had vacant possession as a clause

Contact the TFA, they can assist you drafting a letter to your landlord/agent

Ultimately this probably isn't going to end peacefully or nicely so be up for a bit of a fight, don't lose your temper, do everything by the book and listen to professional advice

Best advice so far. Listen to the voice of reason from @Formatted .

michael N123 · Nov 20, 2021

Why the feck are you paying the rent before your in ?

Lazy Sod · Nov 21, 2021

My AHA rent was always paid 6 months in arrears, as per the tenancy agreement.

Agri Spec Solicitor · Nov 21, 2021

Here are 2 pics of what was a good radio in its time. It’s the version with a handle so it can be removed if left overnight.

The CD part doesn’t work properly hence it was removed to our box room.
Reasonably priced to a good home.

Formatted · Nov 21, 2021

Lazy Sod said:
My AHA rent was always paid 6 months in arrears, as per the tenancy agreement.

Luxury of an AHA, FBT rents are all in advance

bobajob · Nov 21, 2021

@Agri Spec Solicitor whats that to do with it??
Play Coldplay loudly and hope he leaves??!!

Agri Spec Solicitor · Nov 21, 2021

I’m sorry this post is in the wrong place.
while I am here the answer to the OP is to go and speak to the professional who helped get you into the deal.

Werzle · Nov 21, 2021

Lofty1984 said:
Was going to suggest that but from what’s been said they can’t be much good

Who cares, just buy them to aid his departure, even over paying wouldnt hurt in the long run to secure the end goal

Lofty1984 · Nov 21, 2021

Werzle said:
Who cares, just buy them to aid his departure, even over paying wouldnt hurt in the long run to secure the end goal

What and risk buying god knows what illness with them can bet they haven’t been wormed, I get what your saying though

roscoe erf · Nov 21, 2021

goodevans said:
If it's a farm the new tenant has always dreamed about ,upsetting the landlord can be detrimental also

what f**ked if id be paying rent for a place while the old tenants stays on its the landlords issue no more paying rent what is it with you pansies

michael N123 · Nov 21, 2021

roscoe erf said:
what f**ked if id be paying rent for a place while the old tenants stays on its the landlords issue no more paying rent what is it with you pansies

It makes no sense atall

Flatlander · Nov 21, 2021

roscoe erf said:
what f**ked if id be paying rent for a place while the old tenants stays on its the landlords issue no more paying rent what is it with you pansies

It’s more to do with abiding by the terms of the agreement, if the op fulfills his obligations then the landlord should his,by offering up a vacant farm. I’d be in favour of having the money held by a solicitor or agent in case it go really sh1t shaped. By the sound of it the tenant not vacating the farm has done this before and isn’t going to go easy. If the op is on talking terms with the offending tenant it might be worth offering to deliver the said calves to market as a peace offering,if that fails a reminder that he is going to be liable for loss of use and you’ll be seeking compensation. Biting the landlord head off at this early stage won’t go well when the tenancy is up for renewal. Your far better with the land lord on your side but as said a polite refusal to pay any more money shouldn’t hurt.

Dry Rot · Nov 21, 2021

I am not at all sure it is as simple as stopping paying rent. The tenant (OP) has no contract with the former tenant (PITA who is staying put) so best to leave him alone. That is for the landlord to sort out.

But what I think the OP may be able to do and is not so risky, is to pay the rent into court until the mess is sorted out. A solicitor should be able to advise. This shows good intent and is more-or-less a promise to pay the rent up to date when the LL has dealt with the problem. There might also be a claim against the LL for damages (loss of income, etc. from the farm).

Thick Farmer · Nov 21, 2021

Change the locks while he’s out and don’t allow him back. Be prepared to chin him.

davidroberts30 · Nov 21, 2021

Thick Farmer said:
Change the locks while he’s out and don’t allow him back. Be prepared to chin him.

Surprised you arnt sticking the heads of swan vestas under his fingernails and strikeing them with a 3lb ball pein hammer

Hampton · Nov 22, 2021

WillB said:
While it is the landlord’s problem to solve, I would also hand deliver an invoice to the former tenant for grass keep. Small claims if they don’t pay…

Any advice on what the Agent should be doing @WillB?

Lincoln75 · Nov 22, 2021

If he's neglecting livestock tell the RSPCA , they will bring the police in if necessary, it may just be enough for him to pack and leave.

Salopian_Will · Nov 22, 2021

Hampton said:
Any advice on what the Agent should be doing @WillB?

This is probably a little more complicated than first appears from a legal perspective. The OP has been granted exclusive possession and is entitled to the use of the property, not the landlord. For instance if the tenant had gone away and came back, under the terms of the tenancy it will probably say that the tenant is responsible for preventing trespass. However that is not to say that the landlord cannot take action and in this case they should be putting it right, given that the new tenant has inherited this mess. If the tenant is refusing to budge then a solicitors letter would be a sensible start followed up with court action. However as the tenant should continue to pay the rent the Landlord should have no losses other than the legal costs. The current tenant’s losses should be accounted for by the landlords solicitor too, hence the invoice for grasskeep.

The OP may have a duty of care to the animals under the Animals Act too.

This could be a legal minefield and without all of the details it is hard to say exactly and so this is just conjecture!

The LL’s agent should get off his arse and work with the tenant to get this sorted though..

serf · Nov 22, 2021

Lofty1984 said:
What and risk buying god knows what illness with them can bet they haven’t been wormed,

Buy them and bin them if they are that sort of money , will be cheaper than lawyers and agents tussleing it over, as for the disease risk they are on the place anyway regardless of who's names on the passport so a oneway ticket out of there for them seems the sensible way .

Old tennant won’t leave

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100% I’ve had enough of farming!

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