Rights of farmers where no tenancy agreement or grazing agreement was in place

chipchap

Member
Location
South Shropshire
It was maybe worth nothing in the first place.
I frequently am asked to put sheep into fields to tidy them up
After a few yrs lo and behold someone else likes the look of them and offers rent
Yes, but in the meantime you have had the grazing in exchange for tidying the land up.
This is precisely why there should in all cases be a written agreement; to ensure both parties have a clear understanding of what has been agreed, and how long the agreement lasts, and what maintenance duties all parties are expected to carry out.
 

glasshouse

Member
Location
lothians
Yes, but in the meantime you have had the grazing in exchange for tidying the land up.
This is precisely why there should in all cases be a written agreement; to ensure both parties have a clear understanding of what has been agreed, and how long the agreement lasts, and what maintenance duties all parties are expected to carry out.
Meanwhile in the resl world.....
 

glasshouse

Member
Location
lothians
Yes, but in the meantime you have had the grazing in exchange for tidying the land up.
This is precisely why there should in all cases be a written agreement; to ensure both parties have a clear understanding of what has been agreed, and how long the agreement lasts, and what maintenance duties all parties are expected to carry out.
The alternative to sheep is a topper @ £400
They get a bargain.
Plus sheep dont thrive while chewing down old shyte
 

ISCO

Member
Location
North East
Tenants cant create a tenancy now by accident
They can but it would be an FBT which, at worst, mean's a year's notice expiring on anniversary of tenancy commencement date. So if you serve notice just after commencement date it is best part of 2 years to get vacant possession.
 

glasshouse

Member
Location
lothians
They can but it would be an FBT which, at worst, mean's a year's notice expiring on anniversary of tenancy commencement date. So if you serve notice just after commencement date it is best part of 2 years to get vacant possession.
You cant really describe an fbt as a tenancy., and it has no impact on the land value.
 
Early in my solo farming career, I was evicted from some land and buildings by someone who i thought of as an old family friend, because we had no written agreement. Someone else had dripped poison into her ear about me potentially claiming the property. I would never have even considered doing such a thing and it upsets me to this day that she thought that I could or would.
 

glasshouse

Member
Location
lothians
Early in my solo farming career, I was evicted from some land and buildings by someone who i thought of as an old family friend, because we had no written agreement. Someone else had dripped poison into her ear about me potentially claiming the property. I would never have even considered doing such a thing and it upsets me to this day that she thought that I could or would.
Did u ever hear who?
Scumbags
 

ISCO

Member
Location
North East
You cant really describe an fbt as a tenancy., and it has no impact on the land value.
[/QUOTE

It is a tenancy that's what the 'T' in FBT stands for.

A year or 2 lost income and much hassle.

If you buying though it would still be annoying to find you did not have VP for year or more. If your solicitor missed it I bet it would have a value then!
 
In an ideal world VP is what the buyer usually wants and gets. I know someone who bought a farm :
With no deeds.
With two horse arrangements of unknown status
With someone who claimed to be an AHA tenant.
With a couple in a residential caravan.
Basically a law school exam question.
If the price is right and the seller just won’t or can’t help, these projects are fine. But you need to have your eyes open, and act quickly to prevent someone else sneaking in first before you get under contract.
The OP has a legal team so problem solved. Good luck.
 

ISCO

Member
Location
North East
As i said, an fbt is not a tenancy, as it conveys next to no rights.
It is not a protected tenancy but , nonetheless, a tenancy it is. If you bought land that had an FBT tenant and your solicitor missed it you would be none too happy about it.
I would think in this situation solicitor would be ringing indemnity insurer if FBt had been missed.
 

glasshouse

Member
Location
lothians
It is not a protected tenancy but , nonetheless, a tenancy it is. If you bought land that had an FBT tenant and your solicitor missed it you would be none too happy about it.
I would think in this situation solicitor would be ringing indemnity insurer if FBt had been missed.
Its a sham tenancy, worthless as a chocolate teapot
 

chipchap

Member
Location
South Shropshire
As i said, an fbt is not a tenancy, as it conveys next to no rights.
The rights granted to the tenant will be described in the tenancy agreement, together with the background legislation.
The freehold owner and the tenant enter into the obligations laid down in the tenancy agreement at the outset freely, in full knowledge of their obligations for the term of the tenancy, subject to any rent review procedure described in the agreement or background legislation, and break clauses.

what is wrong with that?

If you don’t like the agreement don’t sign at the outset.
 

glasshouse

Member
Location
lothians
The rights granted to the tenant will be described in the tenancy agreement, together with the background legislation.
The freehold owner and the tenant enter into the obligations laid down in the tenancy agreement at the outset freely, in full knowledge of their obligations for the term of the tenancy, subject to any rent review procedure described in the agreement or background legislation, and break clauses.

what is wrong with that?

If you don’t like the agreement don’t sign at the outset.
We are talking about a default tenancy
Nobody signs them or reads them, they just happen
 

Early moves to target wild oats

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Growers and agronomists now face the dilemma of an early application to remove competition from emerged wild oats, or holding off to allow more weeds to germinate.

Syngenta grassweeds technical manager, Georgina Wood, urges Axial Pro treatment as soon as conditions allow, once weeds are actively growing.

“That offers the chance to control wild oats more cost effectively at lower rates, whilst there is still the flexibility to tailor application rates up to 0.82 l/ha for larger or over wintered weeds and difficult situations.

“The variability of crops and situations this season means decisions for appropriate Axial Pro rates and application techniques will need to be made on a field-by-field basis,” she advised.

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Miss Wood urges...
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