Hi. Just a quick enquiry. We rent a parcel of land about 80 acres. My grandad started renting it in approx 1964. Never been any form of agreement. I’m currently a partner with my parents in our farm business. Is it right to assume that I’ll be entitled to the tenancy after my fathers time? We believe the landlord is desperate for us to give up the tenancy so he can sell it with vacant possession.
AHA tenancy
- Thread starter RhysT
- Start date
- Location
- East Sussex
Do you have all the records of rent payments and improvements of the land since 1964 or at least the last 20 years?
Make the landlord a sensible offer to buy it as it would be very difficult to get you out as possession is 9 tenths!!
Make the landlord a sensible offer to buy it as it would be very difficult to get you out as possession is 9 tenths!!
Take professional advice asap.
Some thoughts, on face values from what you say...
1 you don't need a piece of paper to have a tenancy
2 if granddad was in place during 1984 (is that right folks?) then your dad might've used up one of two successions potentially available.
3 if the 'business' is a ltd company, and LL has been taking rent from it...LL could be in a world of trouble.
4 your entitlement to succeed any tenancy does have requirements that you'll have needed to fulfil.
again.....Take professional advice asap.
Thank you for your advice. Talking To a professional is my next plan.
Yes we have a pretty much full record of accounts going back to the early 80s at least. Our land is is currently landlocked as an access bridge to a main road has collapsed so our next objective is to negotiate to rebuild the bridge.
- Location
- Somerset
Won't profess to be an expert in this, but speak to the TFA, who will be experts.
ISCO
Member
- Location
- North East
As to 3 above, if the tenancy is an oral tenancy you can assign the oral tenancy to a limited company then serve a section 6 notice on the landlord requesting the oral tenancy is reduced to writing. The limited company then has
an AHA tenancy which lasts forever.
If landlord has served a section 6 notice on you then the above cannot be done.
Any solicitor or agent who knows AHA law will advise you to do this, whether you choose to is your decision. I have seen it done.
- Location
- Lincs
I rent a grass field that is completely landlocked, been tenant for 60 years. What do i offer the landlord to buy?
I can put you in touch with a specialist in this area. Very reasonable rates for TFF members...
- Location
- North West
We where in a similar position 18 months ago, verbal tenancy and landlord passed away. Then family tried to sell land with vacant possession despite knowing we had AHA rights and me asking if we could buy it!
Fortunately we had invoices and receipts all from our ltd company dating back to 1963. We now have a full AHA tenancy in the company name with the new land lord.
They ended up selling the land for a song to the new land lord though and left him to deal with the tenancy! He didn’t really have a leg to stand on and our land agent sorted it. However I would have paid more for the land than he did and saved all the problems
It was annoying that they wouldn’t sell the land on its own but was a package deal with a house and I didn’t want to cough up £1.25m just for the house!
Fortunately we had invoices and receipts all from our ltd company dating back to 1963. We now have a full AHA tenancy in the company name with the new land lord.
They ended up selling the land for a song to the new land lord though and left him to deal with the tenancy! He didn’t really have a leg to stand on and our land agent sorted it. However I would have paid more for the land than he did and saved all the problems
It was annoying that they wouldn’t sell the land on its own but was a package deal with a house and I didn’t want to cough up £1.25m just for the house!
Can be a dirty business tenancy law and rights.
ISCO
Member
- Location
- North East
It can be. The case I know of the tenant assigned to a company and served notice of assignment and section 6 notice on landlord. Landlord not happy and took counsel opinion and there was nothing landlord could do. Potential development land as well.
If unwritten AHA tenancy Landlord should serve section 6 notice immediately, however sometimes they don't as this is admitting it is an AHA tenancy when they would prefer an FBT for both tax and possession reasons.
glasshouse
Member
- Location
- lothians
Should have bought it all and sold the house onWe where in a similar position 18 months ago, verbal tenancy and landlord passed away. Then family tried to sell land with vacant possession despite knowing we had AHA rights and me asking if we could buy it!
Fortunately we had invoices and receipts all from our ltd company dating back to 1963. We now have a full AHA tenancy in the company name with the new land lord.
They ended up selling the land for a song to the new land lord though and left him to deal with the tenancy! He didn’t really have a leg to stand on and our land agent sorted it. However I would have paid more for the land than he did and saved all the problems
It was annoying that they wouldn’t sell the land on its own but was a package deal with a house and I didn’t want to cough up £1.25m just for the house!
glasshouse
Member
- Location
- lothians
If you make a big gain on this, remember to send s large donation to the labour party who made that law
- Location
- North West
They said they weren’t selling the land and tried to sell it from under us! The day the house came on the market I rang and asked, told me it wasn’t for sale, next thing we know they are trying to get us to sign a fbt! told them where to stick it and put my agent on the job.
If they’d been honest from the start I’d have considered buying the lot and selling on the buildings as there was planning for three houses on the yard so could have split it up and hopefully made a profit.
Seems a right mess , we had similar 5 years ago with land and 2 houses-yard , luckily the main farm house is well away from yard and land so when they came to us about values we told them take off what you value the large house at and we buy the rest , they couldn’t argue , in the end they sold said house for 100k less than we surrender on paper , happy days
- Location
- North West
They where just try to get as much as possible out the buyer but it came back and bit them on the ass!
serf
Member
- Location
- warwickshire
dont think you need to donate anything to labour party , they would soon confiscate it all with interest... at the first opportunity!glasshouse
Member
- Location
- lothians
Labour gave you it in 1947 ,they can take it back