landlords , dog walkers ,shooting rights ,where do i stand ?

[Dan Attle]

hi all today i went to see my landlord which i have a good relationship with but after a turn of events today a reletive to her of sorts today has put me in a predicament on my tenanted farm
my landlord is elderly lady who has a carer friend and her daughter seems to think she can walk her dog where she likes which normally we wouldnt worry but with father setting up a commercial shoot this is going to cause problems .
she is adament that she has full right to do what she pleases and even after asking kindly and exsplaining the situation that we want to shoot the land she still wants to walk her dog where she always has and told us too fudge off and she couldnt give two sh1!s
my landlord has yet to pass comment but i am paying for rent of the woods and shooting rights

where to i stand legally
there is a public right of way through the farm which we asked could she use but to no avail
really in a bind with this as this affects the shoot and could cause it not to work at full potential to cover costs all because of one incredibly stubborn dog walker
thanks dan

 

[wasted years]

A bit depends on how much value the actual land is to you over and above the woods.
Effectively you are asking the old landlady to bollock her relative rather than you , remember she needs her daughter more than you in reality.
To avoid the conflict you could just give the wood/shoot up and explain if asked that the daughter walking everywhere reduced its value to the point it wasn't worth bothering with, or you could just look the other way and get on with it.
Asking the LL to choose between her daughter and you will only end in tears.

 

[ajcc]

This is the landladys’ carers daughter? Or the landladys daughter and prospective future landlady?
Either way looking at it objectively from the outside this is a battle not worth fighting....you need to go talk to landlady or whoever handles her affairs before you start swearing at ladies or shooting pets or talking to solicitors.

 

[roscoe erf]

don't think you can shoot any of them legally

 

[Dry Rot]

Is the dog actively hunting the pheasants? Can't say I'd be very pleased with that but birds get used to most things eventually unless it's in the breeding season or during a shoot.

I'm afraid it seems to me that the OP is anticipating trouble while there is none at the present. I think I'd be waiting and seeing what happens, then noting down every little incident to bring a case, either to stop or redirect the dog walking or to negotiate a reduction in rent.

Is there no room for compromise?

 

[WRXppp]

Is the dog actively hunting the pheasants? Can't say I'd be very pleased with that but birds get used to most things eventually unless it's in the breeding season or during a shoot.

I'm afraid it seems to me that the OP is anticipating trouble while there is none at the present. I think I'd be waiting and seeing what happens, then noting down every little incident to bring a case, either to stop or redirect the dog walking or to negotiate a reduction in rent.

Is there no room for compromise?

We have the landlord in one house and the son in another in the middle of the farm, dogs run wild even when they go for walks not sticking to any public footpaths, many a time they get home and the dogs are still flushing the pheasants out of the stubble turnips and they stand at the door just bawling for them to come home, cleaner also has ‘right to roam’ with her dogs! They have the shoot themselves and many a time go round the day befor and give all the stubble turnips, beetle banks, wild bird mix, copses and woods a damn good flushing and declare to the gamekeeper when there seems to be a shortage of birds that they saw loads the day befor! They have also put signs on every footpath that dogs must be on leads, the words please and thank you arn’t present!
I have no problem with dogs that are under control and walk to heal if there is no livestock in the field but on a lead please otherwise.
As for the op problem the landlord gets the rent and I assume something for letting out the shoot, a polite chat as you get on well with them along the lines of you can’t have your cake and eat it might not go a miss.

 

[Bones]

Poison the dog ,

 

[Dry Rot]

I'm afraid I would be taking a trip to my solicitor. Solicitors are usually good with words and if you have a good one he should be able to phrase a letter politely and tactfully explaining your rights, as the tenant, and the landlord's duty to ensure you get "peaceful enjoyment". A quick Google came up with this:

Derogation from grant
The rule that a party should not derogate from its grant embodies a general legal principle that, if A agrees to confer a benefit on B, then A should not do anything that substantially deprives B of the enjoyment of that benefit.
Derogation from grant is commonly referred to in the context of landlord and tenant relationships. Where a landlord has taken steps, or granted rights to another party, which render the premises unfit or unsuitable for the purpose for which they were let, the landlord is said to have derogated from its grant (under the lease). The principle is limited: it does not offer protection for uses not contemplated by the landlord when it granted the lease, or from actions of the landlord which have an economic effect on the tenant, but no physical effect on its use of the let premises.

Personally, I try to avoid face to face confrontations in situations like this as they can easy flare out of control. It might be a good idea to have the facts in writing anyway. But others might not agree!

 

[chipchap]

Personally, I try to avoid face to face confrontations in situations like this as they can easy flare out of control. It might be a good idea to have the facts in writing anyway. But others might not agree!

Put your complaint in writing. I agree a face to face meeting may result in things being said that should not be said. If you put your thoughts in writing you can contemplate and edit what you say to get your point over in the tone you require exactly. Get a trusted friend or adviser to read what you have written before you send it.

 

[sensiblefarmer]

Hopefully you are an NFU member. Do speak to Callfirst before doing anything.
Good luck!

 

[Flat 10]

A bit depends on how much value the actual land is to you over and above the woods.
Effectively you are asking the old landlady to bollock her relative rather than you , remember she needs her daughter more than you in reality.
To avoid the conflict you could just give the wood/shoot up and explain if asked that the daughter walking everywhere reduced its value to the point it wasn't worth bothering with, or you could just look the other way and get on with it.
Asking the LL to choose between her daughter and you will only end in tears.

Good advice. Think you may have to give up the shoot sadly, even if you have the moral high ground it’s not going to end well confronting LL or daughter.

 

[trook135]

Why not invite her beating with her dog, still walks the land and gets to learn why walking everywhere on their own where they may mess things up wouldn’t be such a good idea, it certainly worked here for a couple of people who come out beating!

 

[Brisel]

Do you pay extra for the shooting rights? If not, you're not in a strong negotiating position. If you are, the daughter is devaluing the shoot.