Long term business with no written agreement

[CornishPasty]

My family have been renting some land since the late 1980s, possibly 1990. It is a small field of around 2 acres. It has been used to grow crops on a very small scale for sale at market to supplement other business income. We have never had a written agreement and simply pay an annual fee. Nothing is in writing. I took on the field when my father died nine years ago. Recently, the local authority have started sniffing around and I believe they are thinking of buying the land from the owner to build something, maybe houses.

What are my rights? Can the landowner just kick me off the land at a moment's notice, or do they have to give me a certain amount of notice? Can I get some compensation. Although I have no crops on it at the moment, I will be forced to find another field if I want to continue growing.

 

[betweenthelines]

What does your Tenancy Agreement say?

A verbal agreement is not worth the paper it's written on.

 

[bobk]

2 chances , no hope and bob hope

 

[Flat 10]

I think they are wrong. There’s experts on here who know far more than me. You have good rights with no written agreement but I think change of use is allowed as a reason to terminate tenancy. As often said joining TFA is good value for £180ish...

 

[CornishPasty]

Thanks. I have been reading around. I have evidence that the family has used the land since the end of the 80s/beginning of the 90s, and they hopefully won't dispute that. Surely that goes some way to evidencing some sort of tenancy agreement, even an oral agreement?

And if my father started there at a certain time, I think I read before 1995, then I would be entitled to compensation equal to a year or more's rent?

 

[kiwi pom]

What's a years rent? A few hundred quid?
Is it worth it, just move on and find somewhere else, its only 2 acres.

 

[betweenthelines]

As Kiwi said, move on.

Even if you could prove a full AHA tenancy (which you won't) the most you would get is 6 years rent as compensation.

 

[DieselRob]

What does your Tenancy Agreement say?

A verbal agreement is not worth the paper it's written on.

Not true, if he has records showing that rent has been paid for this land then he could be entitled to something, we rented a 5ac field with no written agreement from a nice old chap and when he died his family tried to sell it with vacant possession, the NFU represented us and we got a nice 5 figure amount to vacate the land as we had years and years of rent shown in our accounts

 

[CornishPasty]

As Kiwi said, move on.

Even if you could prove a full AHA tenancy (which you won't) the most you would get is 6 years rent as compensation.

Why will I not?

 

[CornishPasty]

I don't expect that planning permission would be granted for a few years as it is still early stages. The landlord is making moves to get me to move. I expect he will get more money for it as a vacant possession. If I could demonstrate it is an Agricultural Holding, is it enough for him to say there is an intention to change the use of the land as a justification to serve notice on me, or would you say I am safe until planning permission is granted?

 

[kiwi pom]

You've no crops at the moment so why risk it, don't pay 2021 rent, move on and find somewhere else.

Bit harsh maybe but it's not yours.

 

[ISCO]

You will have an unwritten AHA tenancy. If pre 82 if I recall correctly, you will have succession rights if after a lifetime tenancy.
You should serve section 6 notice on landlord to reduce oral tenancy into writing.
If you really want to protect your position the law allows you to assign (transfer) an unwritten tenancy. If you set up limited company and assign tenancy to company prior to serving section 6 notice you have a tenancy that will not end as the company never dies.

 

[ISCO]

If landlord gets planning permission on full field they may serve Case B notice to regain possession as want land for alternative use. If planning only on part of land the oral tenancy will not have resumption of part clause therefore more difficult to regain possession.
It is complicated area if law and a good land agent should be consulted.

 

[onthehoof]

Recently, the local authority have started sniffing around and I believe they are thinking of buying the land from the owner to build something, maybe houses.

Why don't you buy it then, solve all your problems

 

[Little squeak]

As you appear to have a AHA tenancy you will be safe until planning permission is granted at that point the landlord can give you uncontestable notice to quit and you will recieve statutory compensation as a multiple of your rent. He may not realize this and maybe that is why he is hoping you may give him vacant possesion sooner. Planning permission may be easier to obtain if the land looks a complete mess rather than you keeping it tidy and for that reason he MAY be willing to offer you money to leave without a fuss but don't bank on it. If you think planning is likely to be granted in less than 4 years do not resist the inevitable application for a rent increase to strongly as it will act in your favour regarding compensation if you intend to hold out to the end.

 

[onthehoof]

As you appear to have a AHA tenancy you will be safe until planning permission is granted at that point the landlord can give you uncontestable notice to quit and

It’s 2 acres! The rent will be about £80/year and yet people on here are saying get a land agent involved for £200/hour

 

[Little squeak]

It’s 2 acres! The rent will be about £80/year and yet people on here are saying get a land agent involved for £200/hour

I couldn't agree more, I didn't say get one, I have been in the same situation and it didn't change the outcome

 

[kiwi pom]

It’s 2 acres! The rent will be about £80/year and yet people on here are saying get a land agent involved for £200/hour

Ridiculous isn't.
Two acres that they don't own but now either want to keep it or want paying for leaving it. Probably all kinds of legal stuff for both parties to spend a fortune on.

What's wrong with just moving on?

 

[Danllan]

Just in passing, but if there is no 'written agreement' any amount of terms could be implicit in any claimed agreement... and this needn't work to only one side's, meaning the OP's, advantage. Very hard for the OP to explain why, if the land is so important, there is no agreement after so long. Seems quite reasonable for the owner to state the land was lent or even let entirely informally on a very short-term and contiguous rolling basis - i.e. with small gaps between each start, or even that it reverted to the owner between uses or when unused, as now.

Entirely possible to argue the toss to the 'nth degree either way; but looking for compensation or trying to block anything seems a sh!tty way to treat someone who's let the land out for so long, if they can get a good sale for it now.

I'm minded that @kiwi pom has it about right in both summary and approach.

 

[Goweresque]

If the owner has behaved honourably towards you and your family over the last 30 years, perhaps now is the time to return that favour, rather than standing on your 'rights'? Indeed not standing in the way of their plans for their land now might put you in a better position anyway - they might help you find another bit of land to rent, or even wish to re-invest some of their sale proceeds in more land that they might consider renting to you.