A threat to secure Ag. Tenancies?

[Texel Tup]

40 acres, my wife would be the third inheritee (her Father the current tenant survives) - 800 acres of rented grass elsewhere and there would be no claim, of substance - -

The Law clearly states that the applicant must earn a living from agriculture - she qualified. The Law is interpreted to read that the applicant has to earn a living solely from the tenanted land - not possible.

The landlords then decide to issue a termination of tenancy notice - on the grounds of modernising the Estate policies.

The tenancy is over - in truth, being over 70 had me realising that if I fought the premature termination, it would only have been out of bloody-mindedness, my days of keeping 1000 ewes are over.

Hardly to my surprise, but another North Norfolk Estate have erected another small but supposedly secure tenant under exactly the same procedure.

This all hinges around the Ag. Tenaancy Act - what it clearly states and the interpretation which is applied by those who adjudicate - it seems to me.

 

[glasshouse]

40 acres, my wife would be the third inheritee (her Father the current tenant survives) - 800 acres of rented grass elsewhere and there would be no claim, of substance - -

The Law clearly states that the applicant must earn a living from agriculture - she qualified. The Law is interpreted to read that the applicant has to earn a living solely from the tenanted land - not possible.

The landlords then decide to issue a termination of tenancy notice - on the grounds of modernising the Estate policies.

The tenancy is over - in truth, being over 70 had me realising that if I fought the premature termination, it would only have been out of bloody-mindedness, my days of keeping 1000 ewes are over.

Hardly to my surprise, but another North Norfolk Estate have erected another small but supposedly secure tenant under exactly the same procedure.

This all hinges around the Ag. Tenaancy Act - what it clearly states and the interpretation which is applied by those who adjudicate - it seems to me.
[/QUOTE}


Have i contacted the tfa?
These laws are all outdated, like the landlord can evict you without compensation if he gets planning over the whole holding.
that law was designed to keep housing cheap and quick after ww2, not sppropriatetoday with building land at £1m per acre

 

[Texel Tup]

@glasshouse - my neighbour who is currently also a tenant of the same estate, attended a Parish Council meeting to discover that his landlords were offering up land, within his secure and inherited Ag. Tenancy, and for building.
There'd been no previous consultation.

I had a 10 minute 'phone conversation with someone from the TFA but it seemed that resistance was pointless. I wasn't a member of the TFA at the time of the conversation and a retrospective application for membership somehow seemed wrong.

 

[Chae1]

Probably different in Scotland but our estate has taken fields from us and sold land for housing estates. Can't blame them.

This was a secure tenancy.

 

[glasshouse]

Probably different in Scotland but our estate has taken fields from us and sold land for housing estates. Can't blame them.

This was a secure tenancy.

All rights of resumption should be removed from landlords and force them to share the spoils.
Its govt subsidy after all with the help to buy scheme that Generates the high values.

 

[glasshouse]

@glasshouse - my neighbour who is currently also a tenant of the same estate, attended a Parish Council meeting to discover that his landlords were offering up land, within his secure and inherited Ag. Tenancy, and for building.
There'd been no previous consultation.

I had a 10 minute 'phone conversation with someone from the TFA but it seemed that resistance was pointless. I wasn't a member of the TFA at the time of the conversation and a retrospective application for membership somehow seemed wrong.

Join up quick, its never too late.
Quote your human rights to a home etc and fight the barstewards

 

[heritagefarmer]

@glasshouse - my neighbour who is currently also a tenant of the same estate, attended a Parish Council meeting to discover that his landlords were offering up land, within his secure and inherited Ag. Tenancy, and for building.
There'd been no previous consultation.

I had a 10 minute 'phone conversation with someone from the TFA but it seemed that resistance was pointless. I wasn't a member of the TFA at the time of the conversation and a retrospective application for membership somehow seemed wrong.

I had land sold in the middle of an FBT and the TFA seemed to suggest that there was little which could be done. With that I also took the view at the time it wasn’t worth fighting. I’m still left feeling it doesn’t quite sit right.

 

[heritagefarmer]

Probably different in Scotland but our estate has taken fields from us and sold land for housing estates. Can't blame them.

This was a secure tenancy.

I agree you cannot blame them, but we’re you not compensated in any way?

 

[glasshouse]

I had land sold in the middle of an FBT and the TFA seemed to suggest that there was little which could be done. With that I also took the view at the time it wasn’t worth fighting. I’m still left feeling it doesn’t quite sit right.

Did the new owner let the fbt run to term?

 

[Chae1]

I agree you cannot blame them, but we’re you not compensated in any way?

Not that I'm aware of. Was just one not very good field.

 

[glasshouse]

Not that I'm aware of. Was just one not very good field.

With a very high value

 

[Chae1]

With a very high value

To them. They owned it.

 

[glasshouse]

To them. They owned it.

Did they have a right of resumption?

 

[Chae1]

Did they have a right of resumption?

No idea tbh.

 

[heritagefarmer]

Not that I'm aware of. Was just one not very good field.

I’m sorry to say I signed it away, in the interests of ‘working together’. The land was replaced with better grazing but this was 20 minutes in a different direction.

 

[glasshouse]

No idea tbh.

So you went out one day and there were houses in the field?

 

[glasshouse]

I’m sorry to say I signed it away, in the interests of ‘working together’. The land was replaced with better grazing but this was 20 minutes in a different direction.

Same owner?

 

[heritagefarmer]

Same owner?

Yes same owner

 

[Little squeak]

If the landlord obtains planning permission for non agricultural use he can give the tenant uncontestable notice to quit even on a AHA tenancy, the statutory compensation is set at 5 years rent. The landlord doesn't need to inform the tenant he is seeking planning until he actually applies for it, nor doe's he have to inform the tenant if he puts the land up for sale. I have had experience of all this (England)

 

[betweenthelines]

40 acres, my wife would be the third inheritee (her Father the current tenant survives) - 800 acres of rented grass elsewhere and there would be no claim, of substance - -

The Law clearly states that the applicant must earn a living from agriculture - she qualified. The Law is interpreted to read that the applicant has to earn a living solely from the tenanted land - not possible.

The landlords then decide to issue a termination of tenancy notice - on the grounds of modernising the Estate policies.

The tenancy is over - in truth, being over 70 had me realising that if I fought the premature termination, it would only have been out of bloody-mindedness, my days of keeping 1000 ewes are over.

Hardly to my surprise, but another North Norfolk Estate have erected another small but supposedly secure tenant under exactly the same procedure.

This all hinges around the Ag. Tenaancy Act - what it clearly states and the interpretation which is applied by those who adjudicate - it seems to me.

Would losing 5% of your available land really going to be a game changer?

As for losing tenanted land for non agricultural use, that's a fairly standard clause in all tenancies.