Anyone know about succession tenancies

onthehoof

Member
Location
Cambs
I have to admit I know very little about tenancy law.
Dad and Uncle farmed in partnership and were granted an AHA tenancy in 1982 on some land owned by the church.
Uncle retired in 1993 and the partnership was dissolved, I joined a new partnership with Mum and Dad about 1995 and we carried on paying rent as before.
Dad died last year and I have been advised that my Uncle will now be the tenant even though he no longer farms.
Question is do I have any succession rights to the tenancy.
 

Boysground

Member
Mixed Farmer
Location
Wiltshire
As above I think you probably have a better case than your uncle as he has not had an income from the farm since he retired. Decent advice required will be money well spent.

Bg
 

chipchap

Member
Location
South Shropshire
It is unlikely, but not impossible, that your father and your uncle had a joint tenancy; most land agents will strongly advise against a joint tenancy. Do you have the original tenancy agreement?
 

onthehoof

Member
Location
Cambs
It is unlikely, but not impossible, that your father and your uncle had a joint tenancy; most land agents will strongly advise against a joint tenancy. Do you have the original tenancy agreement?
Yes pretty sure it was joint tenancy, remember something about if one partner dies it goes to the other
 

Little squeak

Member
Location
Lancashire
there are very strict time dates for applying for succession and your application will not even be considered however good your case if it is out of time. Did you notify your landlord of your fathers death? It is decades ago since I dealt with this myself I think you may already be out of time. Who actually signed the tenancy agreement? (presuming you have one) It's maybe lucky for your tenancy that your uncle is still alive. It is important to get advice at the FIRST possible opportunity and I mean right away without delay
 

Forever Fendt

Member
Location
Derbyshire
there are very strict time dates for applying for succession and your application will not even be considered however good your case if it is out of time. Did you notify your landlord of your fathers death? It is decades ago since I dealt with this myself I think you may already be out of time. Who actually signed the tenancy agreement? (presuming you have one) It's maybe lucky for your tenancy that your uncle is still alive. It is important to get advice at the FIRST possible opportunity and I mean right away without delay
its six months
 

Dry Rot

Member
I am fairly sure that if the LL accepts your rent, you will continue the tenancy. Might be worth saying as little as you have to and tendering the rent as usual. My knowledge is probably out of date but I do remember a case where a relative took over a tenancy in this way and the estate tried to stop it but couldn't because they'd cashed the cheque!
 
I concur with the comments on here where people have said about getting professional advice ASAP as there are strict time limits and various legal points on succession. With all things such as this the first place to have a good look is the tenancy agreement. If you take professional advice, take the agreement with you so that they can have a look at it too.
JH
 
If there is much value at stake you do need to think about seeing a solicitor first. One who knows about the old pre FBT tenancies AND partnership, and also negotiating.
We have someone who does exactly that and he does travel. If you need help please Send a private message.
 

Wooly

Member
Mixed Farmer
Location
Romney Marsh
In reality the church commissioners will want the AHA tenancy to cease and put any new tenant on an FBT for probably twice the rent, if not more.

You NEED to get proper advice. It might cost a few pounds now, but it will save you in the long run and might guarantee you a farm for the next generation.
 
I have to admit I know very little about tenancy law.
Dad and Uncle farmed in partnership and were granted an AHA tenancy in 1982 on some land owned by the church.
Uncle retired in 1993 and the partnership was dissolved, I joined a new partnership with Mum and Dad about 1995 and we carried on paying rent as before.
Dad died last year and I have been advised that my Uncle will now be the tenant even though he no longer farms.
Question is do I have any succession rights to the tenancy.
Get advice and good advice having been through similar to this, your uncle will be very lucky to succeed the tenancy if he is no longer farming as one of the criteria is you have to be an active farmer making your living from the farm.

In short you will have no rights to the tenancy, if you are lucky as in my case you may be offered a long term FBT based on the 86 rent act but be prepared to fight for it.
 

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