Landlord insolvency and Agricultural Tenancies Act 1995

[beefandsleep]

I rent some grazing ground on an FBT which still has 2 years to run. The landlord has just gone bump and the receiver has just told me that my tenancy agreement is now void and has asked me to provide him with vacant possession. He has up to this point ignored my requests to pay this years rent which is still outstanding.
I learnt from the agent charged with disposal that the bank wants its money and he is being told to get on with selling it, he is obviously reluctant to do so until this issue is resolved.
I am interested and intend to put in an offer.
Is it true that my agreement is void? Do I have to give vacant possession? No notice has been served in writing and I am an certainly not going to give up my only bargaining chip unless forced. I have also activated entitlements on this land for the coming period.

 

[Forever Fendt]

read the small print, i would think it should be on the agreement somewhere

 

[beefandsleep]

Nothing in the agreement covering landlord insolvency

 

[franklin]

How long was original FBT for?

 

[wasted years]

He is wrong, I asked what would happen if my LL died, the fbt carries on til the end and then will be decided by whoever inherits.
In your case the bank probably owns the land so are now your LL.
You are in the driving seat if they want cash pronto.

 

[bobk]

I rent some grazing ground on an FBT which still has 2 years to run. The landlord has just gone bump and the receiver has just told me that my tenancy agreement is now void and has asked me to provide him with vacant possession. He has up to this point ignored my requests to pay this years rent which is still outstanding.
I learnt from the agent charged with disposal that the bank wants its money and he is being told to get on with selling it, he is obviously reluctant to do so until this issue is resolved.
I am interested and intend to put in an offer.
Is it true that my agreement is void? Do I have to give vacant possession? No notice has been served in writing and I am an certainly not going to give up my only bargaining chip unless forced. I have also activated entitlements on this land for the coming period.

Anyone I know ?

 

[beefandsleep]

How long was original FBT for?

25/03/12-25/03/19

 

[beefandsleep]

Anyone I know ?

No one agricultural.

 

[bobk]

No one agricultural.

Anything to do with phones

 

[beefandsleep]

Anything to do with phones

Well if he's got one he isn't answering it.

 

[franklin]

25/03/12-25/03/19

Shame. An extra day and would have been registered at land registry and would vex any purchasor.

You may find that the liquidator *very* reluctant to accept the rent. I suspect they will need a solicitors letter, I'm afraid.

 

[glasshouse]

I rent some grazing ground on an FBT which still has 2 years to run. The landlord has just gone bump and the receiver has just told me that my tenancy agreement is now void and has asked me to provide him with vacant possession. He has up to this point ignored my requests to pay this years rent which is still outstanding.
I learnt from the agent charged with disposal that the bank wants its money and he is being told to get on with selling it, he is obviously reluctant to do so until this issue is resolved.
I am interested and intend to put in an offer.
Is it true that my agreement is void? Do I have to give vacant possession? No notice has been served in writing and I am an certainly not going to give up my only bargaining chip unless forced. I have also activated entitlements on this land for the coming period.

Talk to TFA, they will advise, but i would say your tenancy is valid till 2019.
You are in a strong position to acquire it at a discount or get some cash compensation.
Your entire claim could be at risk if you vacate, they must cover that too.
Receivers are just chancers who will try anything on the uninformed or vulnerable.
pay the rent by bacs or registered letter.

 

[Formatted]

Talk to the Tenant Farmers Association, if you aren't a member it is £70 but they'll give better advice then any land agent at a firm. www.tfa.org.uk

 

[Flat 10]

Talk to TFA, they will advise, but i would say your tenancy is valid till 2019.
You are in a strong position to acquire it at a discount or get some cash compensation.
Your entire claim could be at risk if you vacate, they must cover that too.
Receivers are just chancers who will try anything on the uninformed or vulnerable.
pay the rent by bacs or registered letter.

Yes if you could pay by BACS that might be handy? Or as above send cheque by registered post. I would be fairly certain your tenancy continues....

 

[Pluto Matt]

I think the administrator is trying it on - I'm not an expert on this area but I was on a liquidation committee of a business that went into administration owing us money, so I had a bit of a steep learning curve on all things insolvency. I think you'll have a lot of different protections, including first call on the purchase of the land, the right to call for a new lease, etc.

I would recommend you have a look at the insolvency manuals that the government has published - see the attached link. If you want to talk to a specialist insolvency lawyer, I know a couple now in Leicester and Peterborough - so send me a message and I'll send you their details (I'll check to see that they haven't changed jobs first).

https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch25-36/Chapter31/part3/part7/part_7.htm

One thing that I would recommend is that you do all you can NOT to breach the existing contract - if you are already late in making a payment, you'll have weakened your case because they may be able to argue that you have breached the contract before the insolvency - in which case I would suspect the law is on their side. If you have done this, then you definitely need a specialist.

Good luck