Dilipidations payments

Discussion in 'Tenant Farming, Subsidies, BPS & Legal Issues' started by ffukedfarmer, Aug 24, 2018.

  1. ffukedfarmer

    ffukedfarmer Member

    Location:
    West Kent
    as an incoming tenant would you expect dilapidations monies received by the landlord from the outgoing tenant to be spent on the holding either by the landlord or passed to the new tenant expressly for improvements / repairs?
     
  2. Martyn

    Martyn Member

    Location:
    South west
    Every agreement is different, read small print carefully. Our land lord has taken on some of it and the responsibility to put some bits. right, some will come to us by being deducted of Ingoings etc. Long long process often 2/3years to sort out between outgoing and ingoing tenant.
     
  3. ffukedfarmer

    ffukedfarmer Member

    Location:
    West Kent
    I don’t recall there being anything relevant in our agreement but I will have another read.
    The landlord has no plans to spend on the holding and is of the opinion that all the faults were visible at the open day and it’s up to the incoming tenant to repair as they see fit. All of which is fine, just seems to me right that dilapidations received should be used to improve the holding.
     
  4. Still Farming

    Still Farming Member

    Location:
    Glamorgan Wales
    Bit feudal system these days?
    Still try to claim residual manure values etc.gaps in hedges etc.etc.Con the lot of it.
    Money making for agents too ?
     
    Downtrodden Dad, chipchap and worker like this.
  5. LAMBCHOPS

    LAMBCHOPS Member

    Land lord cant pick and chose his terms regarding repair which is also relevant to Health and safety i would say they are down in law. What sort of tenancy have you got?.Have you passed the agreement by an Auctioneering firm who will advise you as they have qualified people who understand the law. Dont have wool pulled over your eyes
     
    Flat 10 likes this.
  6. Flat 10

    Flat 10 Member

    Location:
    Fen Edge
    Thinking aloud..........
    Surely the landlord is meant to spend the money on the holding. After all I'm fairly certain the out going tenant could look at the landlords charges for dilapidations and say sod it, too expensive, i will rectify the faults myself.....
    Though what means of enforcement there are for this I don't know.......
    Also to an extent I believe that if you saw a holding in a condition on an open day, unless you had a commitment from the landlord I wouldn't expect much improvement from them outside of their legal obligations.........
     
    Steevo and tommyurray like this.
  7. Dry Rot

    Dry Rot Member

    Location:
    Scotland
    Make sure you get a record of the condition of the holding on entry. The parties to a contract can agree to whatever (legal) items they want.

    Not sure what the law is in England but in Scotland either the landlord or the tenant can require a record to be made of the fixed equipment on the holding at any time during the tenancy. In the absence of this (which would probably be expensive), a minimum of lots of time/dated photographs. The human memory tends to be selective.

    I'd recommend contacting a good land agent. That's their job. You can also sue them if they don't do it properly!
     
    Brisel likes this.
  8. LAMBCHOPS

    LAMBCHOPS Member

    Agree here make an inventory with pictures of conditions and present delapidations. Land Agent a must
     
  9. glasshouse

    glasshouse Member

    Location:
    lothians
    you are having a laugh
     
    cattow and whitefox like this.
  10. glasshouse

    glasshouse Member

    Location:
    lothians
    "Right " Doesnt come into it.
    How did the landlord manage to screw the outgoer for dilapidations? there are very few llegal ways to do that, a lot of agents just bluff.
    I know of one tenant who killed himself believing he owed a fortune in dilapidations, when in law he didnt.
     
  11. glasshouse

    glasshouse Member

    Location:
    lothians
    In scotland if there is no proper record, there are no dilapidations.
    The tenant should keep a good record, but dont show it to landlord.
     
  12. smj1

    smj1 Member

    If I was going to move into somewhere the landlord was charging the last tenant dilapidations on I would be extremely careful as to what is written down and the condition everything is currently in as one day you will become the outgoing tenant
     
    Wombat, Fowler VF and worker like this.
  13. ffukedfarmer

    ffukedfarmer Member

    Location:
    West Kent
    There is a schedule of condition and I have added some of my own photos to it where I didn't agree that theirs accurately reflected the condition.

    An agent has been used and the FBT has been gone through with a fine tooth comb.

    To be honest I am not not expecting to receive a penny and my tender allowed for investment, however it would be nice to receive some help towards the improvements required.especially if the landlord are receiving money from the previous tenant for dilapidations.
     
  14. Flat 10

    Flat 10 Member

    Location:
    Fen Edge
    Try cut out landlord then. They won’t like it mind. Eg tenant has to pay 5k to paint house. You tell him/her that you will do it for 4K. You get to choose who does it what colour and if it costs 6k at least you have 4k of help with it. Just an example. Try it? ,
     
  15. Lazy Sod

    Lazy Sod Member

    Location:
    Warminster
    When I retired, I negotiated a deal with the landlord that provided for no delapidations and no tenant right or compensation for improvements. I left behind 2 steel framed buildings, but they 46 and 35 years old. It was easily the best way.
     
    Flat 10 likes this.
  16. glasshouse

    glasshouse Member

    Location:
    lothians
    its not the best way, you have left behind valuable buildings that will last 100 yrs or more.
    look at the forth rail bridge, 128 yr old and good as new.
     
  17. glasshouse

    glasshouse Member

    Location:
    lothians
    The problem with buildings is that if your landlord ends your tenancy, the law allows him to take all your buildings etc for next to nothing or actually nothing.
    If you are moving to another farm, you will likely need a shed there, so you need the full replacement value of your shed to be paid to you.
    That is only fair and just.
    Landlords writing down a shed over 50 yrs is just robbery. The concrete floor, foundations, site levelling will last forever, the steelwoerk for 100 plus yrs, and the roof sheets for 60 plus yrs, but that is easily replaced.
     
  18. glasshouse

    glasshouse Member

    Location:
    lothians
    This is how it was and is done
     

    Attached Files:

    Last edited: Aug 26, 2018
  19. Lazy Sod

    Lazy Sod Member

    Location:
    Warminster
    In my case @glasshouse, one building was a 66'x48' ex cubicle shed of a light construction with 2 rows of internal staunchions and only about 7'-6" at the eves. I converted it to loose housing, but could only muck it out by using the Loadall fully telescoped out to reach the sides.

    The other one was the ex 10-20 milking parlour.
     
  20. So, you're a new tenant, and already quibbling about how much money you can screw from the Landlord ?
     
    Frodo2 likes this.

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