AHA tenancy question

Discussion in 'Tenant Farming, Subsidies, BPS & Legal Issues' started by onthehoof, Nov 20, 2018.

  1. onthehoof

    onthehoof Member

    Location:
    Cambs
    Dad and his brother were in partnership and had an new AHA tenancy on some land they took on in 1982. Uncle retired in 1993 and Dad formed a new partnership with me and my mother, we didn’t feel the need to inform the landlord but paid the rent on time from the new partnership account (different name on cheque). Dad has died recently so needs sorting now, question is what succession rights if any are there on the tenancy.
     
  2. You need specialist advice on this.
     
  3. Jon

    Jon Member

    Location:
    South Norfolk
    As above really.

    There should be only one name on the tenancy. I would be very surprised if a landlord wasn't billing an individual.
     
    Flat 10 and Brisel like this.
  4. Surgery

    Surgery Member

    Location:
    Oxford
    Had something similar , could argue that landlord has taken you on but YOU DID LET THE LANDLORD KNOW when changing the partnership.
     
    onthehoof likes this.
  5. onthehoof

    onthehoof Member

    Location:
    Cambs
    We can’t find copy of tenancy agreement but have a note saying if either Dad or Uncle dies it goes to the other one
     
  6. Brisel

    Brisel Member

    Location:
    Dorset
    As above, take specialist professional advice. TFA would be a good place to start if you're a member, otherwise a good experienced land agent.

    Look at the rent invoices - who are they addressed to?
     
    Flat 10 likes this.
  7. silverfox

    silverfox Member

    Have you earned all your income from the said land for the previous seven years, 3 of which can be in full time Agricultural education .
    Depends how keen your landlord is to let you carry on.
     
  8. onthehoof

    onthehoof Member

    Location:
    Cambs
    They went to old address (uncles) for a while till we explained to them that uncle had retired, since then to my address with new partnership on invoice, so @Surgery we did let them know.
     
    Flat 10 likes this.
  9. spin cycle

    spin cycle Member

    Location:
    north norfolk
    you need advice....but i'dve thought if they were happy to take the partnership cheque you'd have a good case at the very least.....but don't partnerships automatically dissolve on death of a partner:scratchhead:

    sorry to hear about your dad and good luck to you:)
     
    Dry Rot, Forever Fendt and onthehoof like this.
  10. Surgery

    Surgery Member

    Location:
    Oxford
    Good.

    When father died he was on one small parcel of aha ground , I think you have 1-2 months to notify the landlord of a tenant passing otherwise it could trigger a notice to quit but don’t quote me.

    It all depends how approachable your landlord is , you want to keep everything in writing or email form , an agent might be well worth a chat with as every case is different.
     
    onthehoof likes this.
  11. Sorry to here your loss
    Get tenancy advice ASAP

    Uncle to nephew is not a succession criteria under aha
    So you need to make sure you qualify for succession there are time limits on notices
    Get an agent who is good at tenants issues tomorrow as notice timing is very important to gain succession it could save you a lot of rent
    Aha rent is much lower than fbt in most cases

    You and your mother may qualify for aha

    Get a good agent ASAP if you are nfu member or Tfa get in touch tomorrow in case the notice timing is near a day late could be very expensive
     
    neilo, Brisel and onthehoof like this.
  12. GB Kettering

    GB Kettering New Member

    Location:
    Berrys, Kettering
    There are very strict time limits for informing the landlord with respect to AHA tenancies, if you haven't already spoken to an advisor, please do drop me an email guy.banham@berrys.uk.com
     

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