New building without landlord permission.

[Manny]

We need to get more covered space for cattle to comply with nvz's and our landlord doesn't want to help or will not give permission without us giving up some old buildings. We have an agent who has told use we can just get on and put a building up as a tenants fixture. Is this correct or could this get use in trouble with the landlord and loose us the tenancy?

 

[betweenthelines]

I think you have been given very poor advice. Landlords (and tenancy agreements) don't let tenants bung up sheds wily nilly

Even if the tenancy agreement had a loophole that allowed you to do so, do you really want to pee off your landlord?

Why does he want you to give up the old buildings? Development potential? And would this be detrimental to you?

 

[Spud]

Talk to your landlord. I don't know what buildings you currently have, but few landlords would refuse a tenant wanting to improve the holding. I'd strongly advise against doing things that your landlord won't give permission for - there must be a reason for that.

It is normal practice though, to grant a Tenant Right (of a fixed duration) on a new building, and a Tenants Fixture (unlimited time) on moveable things like solar panels.

 

[snarling bee]

How about a temporary structure. For example you can get roofs that cover a space between 2 rows of shipping containers. Just a thought. Might need planning, but could get round the landlord issue.

 

[Manny]

We have been trying to talk to the landlord since before nvz's came in. He doesn't see what is happening is a problem. He also has had 3 different agents in 4 years now and everytime you think your getting somewhere he gets rid of them. The latest one has been working on a proposal for us since October and still can't even give us a hint on what it is. The old buildings have potential for houses but the neighbouring property has a covenant that will stop any building work as they don't want people as neighbors, they prefer the cows.

 

[Boysground]

Subject to planning coming through I am about to build another shed. I do have landlords permission, and he and his agent have been happy for me to do this in the past. All goes down as tenants improvements.

If you are applying for planning there should be agreement from the landowner on the planning application.

@Manny I think you will probably have to spend some money and use a better agent than your landlord. If your landlord really wants the buildings at least you have a bargaining chip. Without knowing your circumstances there is the legal obligation to comply with nvz regulations there must be some leverage with this.

Bg

 

[snarling bee]

Sounds like you have a Richard Skull of a landlord.

 

[startinghandle]

We need to get more covered space for cattle to comply with nvz's and our landlord doesn't want to help or will not give permission without us giving up some old buildings. We have an agent who has told use we can just get on and put a building up as a tenants fixture. Is this correct or could this get use in trouble with the landlord and loose us the tenancy?

Sounds like you need a good lawyer
Do you know one?

 

[O'Reilly]

Would the TFA be any help? They seem to be the most effective organisation out there.

 

[Dry Rot]

I am pobably out of dsate but I think a tenant can put up what he likes but he won't get compensation on his away go unless he has his landlord's consent in writing. I think the landlord may also have to pay compoensation to the tenant on awaygo in this situation.

If he just goes ahead and erects a building, it becomes part of the land and reverts to the landlord on away go. Of course, if it is a bloody mess, the landlord could probably claim delapidations! But this is something that a land agent should be able to advise on.

 

[ajcc]

Landlord consent required or failing that, the approval of the “Agricultural lLand Tribunal.” ref. (Henry Fell -On being a Tenant Farmer.)

 

[Pieces_of_Eight]

Surely planning won't get through without landowner's permission?

 

[Lazy Sod]

I thought that anyone could apply for planning on somebody else's land but the landlord must be notified, but only the LL could benefit from the permission. I might be wrong, I usually am.

 

[Pieces_of_Eight]

What would be the point in paying to go through the planing process, knowing that the landowner is going to object?

 

[Lazy Sod]

What would be the point in paying to go through the planing process, knowing that the landowner is going to object?

No point at all that I can see, but I thought that anyone could do it.

 

[B R C]

I put up 100x65 grain store without landlords permission, I think they were a bit nonplussed. At the end of the day it was a tenants fixture and I could have been made to take it down if we left. We didn’t, purchased farm 5 years later.

 

[betweenthelines]

P P doesn't need approval of the land owner. Big mining operation in Devon was given consent despite every affected landowner bar 2 objecting.

I'm fairly certain that under a AHA tenancy, Landlord consent is required for any buildings, as the "wrong" building can reduce the (rentable) value of the property.

 

[Forkdriver]

There is a very helpful note on the government website about compensation. Different rules for AHA'S and FBT's, but you need consent. Read your tenancy agreement and act accordingly. If the only advice given by your agent is as you reported it isn't good enough. I was a Chartered surveyor and I would be looking for better. Forgive me if I don't offer specific advice as it would be worth what you paid for it

 

[Manny]

As we need more shed space to meet the nvz rules and nothing has changed in relation to animal numbers since before the rule came in, is the anyway on a AHA tenancy you can get permission without being expected to give other useful buildings. Most of the building on the holding we have put up over the years with permission but no help from the landlord.

 

[Dry Rot]

There is a very helpful note on the government website about compensation. Different rules for AHA'S and FBT's, but you need consent. Read your tenancy agreement and act accordingly. If the only advice given by your agent is as you reported it isn't good enough. I was a Chartered surveyor and I would be looking for better. Forgive me if I don't offer specific advice as it would be worth what you paid for it

I would have thought no LL consent required, but no consent means no compensation at the end of the lease either, but I must confess to not having researched the matter. If the T wants compensation, make an agreement for that with the LL before the building goes up. Surely that is what is reasonable?

Generally, the law is commonsense, though I know a lot won't agree! If consent is required, at what size of building does the tenant need to have LL's consent? For every hen house? Child's play house? Setting a size limit could get ridiculous. So put up your shed without consent and possibly be faced with a large bill for it's removal if you leave it there at the end of the lease. Make an agreement with the LL that he will take it over at the end of the lease and both sides could benefit.

A wise LL would agree the type of building to be erected with the T, then lend him the money through an appropriate increase in rent with an agreed %age compensation at the end of the lease. Win Win.