legal questions - FBT marriage breakdown

[smalltenantfarmer]

Hi My wife and I occupy a 90 acre farm under and expired FBT. Our marriage is in difficulties and I have agreed to move out for a while.
I will leave nearby but still return to do any farming - sheep etc., I work full time.
She stays there, its our children's home so they are priority.

If we don't reconcile living alone and going back to the place I used to live is going to become pretty crap.

Sooner or later the LL will want to renew the agreement, they are unaware of circumstances.
She may want to renew in her name only - where does that leave me ?

Any rural solicitors thoughts on the matter.
Thanks

 

[Formatted]

nAre you a member of the TFA? You should speak to them, ultimately there are too many "what ifs" than we can help you with

 

[smalltenantfarmer]

There are many what ifs, I'm not a member will call them tomorrow.

 

[Little squeak]

Ask yourself these questions

Whose name is the FBT in now?

Is there a clause in the FBT compelling one/both of you to live in the dwelling?

What is the chance of the LL renewing the tenancy to just one of you?

Is it even a commercially viable unit with the expense of maintaining two households?

 

[ISCO]

If the tenancy has expired it will roll on from year to year. Landlord can serve notice to end the tenancy and can choose who he wants as the new tenant.
He could want both of you on a new agreement, just one of you or could let to another person.
There is no automatic right to renew a FBT .

 

[smalltenantfarmer]

Ask yourself these questions

Whose name is the FBT in now?

Is there a clause in the FBT compelling one/both of you to live in the dwelling?

What is the chance of the LL renewing the tenancy to just one of you?

Is it even a commercially viable unit with the expense of maintaining two households?

It’s in the name of Ltd Co - we are Directors.
The LL is traditional I expect they want to renew to both of us as this is our family home ( children here) though don’t honestly know.
there is a clause that we ( wife and I) live in farmhouse at times during the Term.
Farm is not really viable ie earnings don’t cover rent

 

[betweenthelines]

You need to sort out the Ltd Co. situation as a priority.

Unless the LL lives on another Planet, I suspect they already know about your domestic situation.

 

[Still Farming]

Is ltd.co still operating or to be dissolved?
If dissolved then fbt needs redoing possibly or terminated as will be different tenant? ( on paper not physical) possibly?

 

[Little squeak]

I am not a legal expert but can see that the landlord is likely to act in his own best interest over this and may decide just to let the farm to someone else to save himself any complications.
Sorry there appears to be no good news or easy ways out over this one.