New tenancy advice

Discussion in 'Tenant Farming, Subsidies, BPS & Legal Issues' started by andybk, Sep 11, 2017.

  1. andybk

    andybk Member

    Mendips Somerset
    We rent approx 18 acres off local council , 6 acres was in a old 3 generation tenancy (im second gen) , the rest on standard 5 year fbt , following the death of my father they gave notice to quit (as procedure ) , and will put in my name , new documents have arrived , and the whole block is now a 5 year fbt in my name , Will that invalidate my rights on the 6 acres that was in the old type agreement ,
    Further if i quit at some point , the Bsp rights go back to them , i thought the rights now belonged to the farmer to use over what land he sees fit , thanks andy
  2. Nearly

    Nearly Member

    North of York
    They're trying to pull two fast ones.
    Tenant Farmers Assoc. or get an agent on side.
  3. As above , speak to the TFA , they're trying to do you over as some landlords do .
    fodderfarm likes this.
  4. tepapa

    tepapa Member

    North Wales
    Even with the old Agricultural holding act there isn't succession on local authority land as there is with private landlords unless specifically written into the tenancy, and yes bps belongs to the farmer and so really they don't have a claim but best to have proper advice on that.
    andybk likes this.
  5. andybk

    andybk Member

    Mendips Somerset
    thanks think this will be private landlord as ground belongs to local parish council , will look into tfa later , Just rang agent now seems amenable at present to my concern
  6. Formatted

    Formatted Member

    You really need to speak to an expert; TFA are inexpensive and will set you right
  7. worker

    worker Member

    Don't trust any landlord or their agent.. and get everything written down
  8. gwdunn

    gwdunn Member

    You do need to be careful not to sign away your rights in relation to the AHA tenancy or having the BPS entitlements removed from you without proper advice.
    llamedos and wasted years like this.
  9. blondeagadvisor

    @YorkshireAndrew Thank you for tagging me in this.

    As ever, below is not professional advice and is not to be relied upon but hopefully the information may give you a guide to what you need to be looking at when seeking help...

    This is a very interesting one as generally Council tenancies don't carry succession rights even if they are the old style AHA tenancies. Check your agreement date- needs to be pre 12th July 1984 and check to see who the landlord is and if there is a clause about succession. This could be why they have offered you an FBT on the whole.

    If there are succession rights then you may be able to apply for a succession to the AHA tenancy as long as you meet the succession criteria. However, if you have not made an application in the specific time frame you may have missed the deadline for this which is why they are now offering an FBT for the whole. OR as others have said, they may have just sent you an FBT for the whole in the hope that you will sign it.

    My advice would be to speak to a local land agent. Just ask for a couple of hours of their time for initial advice if you don't want to pay for them to act on your behalf for the whole thing. For a small piece of land the costs of professional advice can easily become diproportinate. You would need to take them copies of the old and new tenancies and the Notice they served on death. You want to know whether succession is a possibility and if so, whether you have a case. Often this is much more difficult on smaller blocks of land.

    Further reading that may be of interest: https://blondeagadvisor.wordpress.c...n-details-of-the-eligible-and-suitable-tests/

    Martinamachine and llamedos like this.
  10. gwdunn

    gwdunn Member

    Just to say that if the landlord is a Parish Council the tenancy would not be excluded from Statutory Succession subject to the usual qualifying criteria.
    chipchap and llamedos like this.
  11. glasshouse

    glasshouse Member

    when did father die? have you missed the deadline to claim AHA tenancy?

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