Dilipidations payments

[ffukedfarmer]

So, you're a new tenant, and already quibbling about how much money you can screw from the Landlord ?

That's a little harsh. I am not looking to screw anyone. It makes sense to me that if the landlord charges the previous tenant for not maintaining the holding then the money received should be used to make those improvements. All I am asking is if that is what usually happens.

I would be quite happy to receive fencing materials, for example, rather than cash.

Surely it is in the landlords best interests for the holding to be improved?

 

[Flat 10]

That's a little harsh. I am not looking to screw anyone. It makes sense to me that if the landlord charges the previous tenant for not maintaining the holding then the money received should be used to make those improvements. All I am asking is if that is what usually happens.

I would be quite happy to receive fencing materials, for example, rather than cash.

Surely it is in the landlords best interests for the holding to be improved?

Talk to the out going tenant as I suggested.....

 

[tepapa]

I wouldn't think the landlord has any obligation to spend the outgoing money on up keep of the assets that have dilapidated, they're his assets after all.
BUT I would take plenty of records/pictures of the condition of the property as you took it on, from any and every angle even of little things you wouldn't think of. By the sounds of it you'll need that evidence when you finally leave the property, which could be many decades from now, or you could find your self paying for the delapidations you took over.
Then to stay within the rules you should ask permission, in writing, to do any work/repairs and whether the landlord gives permission to the improvements as 'tenant's fixtures' which you own or 'tenant's improvement's' which you will be required to leave at the end of tenancy. The devil is in the detail when it comes to the end of a tenancy so keep all of those records and correspondence safe.
You would be surprised what the landlord will keep on file to use against you so have the response ready and you will be alright.

 

[Texel Tup]

That's a little harsh. I am not looking to screw anyone. ……..

Harsh? It was also needlessly bloody rude. Having experience of landlords, you are entirely right in exercising caution. The days of the benign landlord who considered that by giving consideration to his tenant, so he would also prosper - - are long gone!

My advice would be that you check the small print and if there is anything about which you are not crystal clear, seek the advice of a competent chartered surveyor or a solicitor.

 

[Texel Tup]

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.
……..
Landlords writing down a shed over 50 yrs is just robbery. …….. .

It would seem that you're in Scotland and perhaps the Law is different here in the South, but it's my understanding that any permanent fixture or building, installed or erected by a tenant has ownership transferred to the landlord after 10 years.

 

[ARW]

We have seen in the past the agent requires you to keep up with repairs and in the contract any work needing doing at the end of the tenancy you have to pay for, no mention of the current condition you receive the farm in!
We looked round the farm, it could swallow 20k on one brick building!
Someone paid £350 an acre for it ....

 

[Formatted]

I'd say if you seriously want an answer contacting www.tfa.org.uk would be the best way of getting it

 

[Dry Rot]

If the OP wants a definitive answer, and not just an opinion and guesswork from a farming forum (sorry lads!), have a browse through the Agricultural Holdings (Scotland) Act 2003, especially Part 4. (https://www.legislation.gov.uk/asp/2003/11/contents)

Having done that, you may think it a good idea to contact a qualified land agent! How do I know about this? I was briefly appointed an official recorder by the Secretary of State for Scotland but resigned when I realised what it entailed. Be aware that I am long past my sell by date and the law may have changed since.

 

[Farm buy]

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?

Just saw your post. I buy some old milking parlour machinery. Is there any of it remaining

 

[glasshouse]

It would seem that you're in Scotland and perhaps the Law is different here in the South, but it's my understanding that any permanent fixture or building, installed or erected by a tenant has ownership transferred to the landlord after 10 years.

thats even worse

 

[NLF]

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.

The Forth Rail bridge is as good as new because it has been regularly maintained... I'm not sure that I can think of any ag buildings that are still fit for purpose after 50 plus years.

 

[glasshouse]

The Forth Rail bridge is as good as new because it has been regularly maintained... I'm not sure that I can think of any ag buildings that are still fit for purpose after 50 plus years.

Well my father has a cattle shed 150ft by 60f built in 1968
Its as good as new
Still very fit for another 50 yrs
And the forth bridge was not painted at all till about 1990

 

[NLF]

The forth bridge has been continuously maintained since the day it was constructed.

Your father was very far sighted. Many others struggle with small, low roof, poorly ventilated, asbestos clad Atcost buildings constructed in the same decade. Sounds familiar to anyone?

 

[glasshouse]

The forth bridge has been continuously maintained since the day it was constructed.

Your father was very far sighted. Many others struggle with small, low roof, poorly ventilated, asbestos clad Atcost buildings constructed in the same decade. Sounds familiar to anyone?

The asbestos can be swapped for tin,and the ventilation can be upgraded. That is way below the cost of a new building, and does not make a building worthless.
Indeed some of those low roof building might make good houses.
Most of the buildings put up in the seventies will live to 100, if they get a lick of paint now and then.

 

[Had enough.com]

As said before a good agent is vital. Landlords can only then act professionally and meet their obligations. Beware there are some cowboy agents who have their own agenda. The deal with all the sh1t and let you carry on farming