Sitting tenant? Does it exist any more?

[john432]

A good friend and nearby farmer, over 30 years ago went share farming with two retiring batchelor brothers. One brother passed away probably 20 years ago. The other last year, and now the greedy nephews and niece want him out ,off the farm, the farm house was lived in by the owner.
My friend was paying rent ,never missed a payment, Claimed the Subsidies , SFP etc in his name only, had his own stock on the farm. Has he any rights to stay on as a tenant? Thanks.

 

[dairyrow]

tough on id get some advice. There must be some paper work some where that says whats what

 

[chaffcutter]

I would think that he has a very strong case as sitting tenant even if there is no written tenancy agreement. TFA, NFU or a solicitor used to farming required pdq, maybe an agent but I would go straight to a solicitor myself.

 

[Formatted]

Lawyer up; this is gonna get messy

 

[7610 super q]

Share farming is not a tenancy agreement ? If the share farming partners have passed, the agreement surely comes to an end ?
Otherwise you become a squatter.........

As said, there must be some paperwork somewhere....

 

[john432]

Lawyer up; this is gonna get messy

He's got a solicitor , but didnt sound very positive. My late father told him years ago to watch himself and make shure he was secure,as he knew the family well. So sad as there was never a cross word between my friend and the old boy, took a cooked dinner up to him most days..and checked he was OK. The money grabbing niece never went near! Warning to all, make shure and get things officially on record .

 

[Still Farming]

Yes.
It most probably formed a tenancy now .
If never served notice or took stock etc off and paid upto date .

 

[john432]

Last time I spoke to him, the inheritors were trying to get him to sign a "licence"? As he didnt have a tenancy! According to them.

 

[Still Farming]

Last time I spoke to him, the inheritors were trying to get him to sign a "licence"? As he didnt have a tenancy! According to them.

DO NOT SIGN ANYTHING.

 

[john432]

That was my words to him! Stay put, but pay the rent.

 

[ISCO]

If he was there before 1996 ag tenancies act and never had a written agreement he could claim.he had an oral AHA Tenancy with no succession rights unless in occupation prior to 1982 IIRC.
The trick with oral AHA Act tenancy is they can be assigned or transferred. The tenancy can therefore be transferred to a limited company which never dies and you then have a permanent secure AHA Act tenacy.

All depends if your friend would want to do this and what paperwork is in existence.

 

[chaffcutter]

If he was paying a rent I think he has a very good case.

 

[goodevans]

Seems quite sad to me that it sounds like the 2 old boys didn't set out to rent it but intended share farming ,but heh hoh they are not here to worry about it now

 

[Brisel]

Is he a member of the TFA? If so, they are the best place to start. They will have access to the best advice on this.

 

[Still Farming]

Is he a member of the TFA? If so, they are the best place to start. They will have access to the best advice on this.

NFU ,CLA etc too?

 

[Brisel]

They can help too - this is a complex case and the devil is in the detail. Best to hire a solicitor who specialises in tenancy law as there is potentially a great deal to gain or lose for your friend. I suggest he/she does take advice ASAP and does not agree to anything without doing so first.

 

[egbert]

NFU ,CLA etc too?

CLA? I wouldn't have thought it'd be their thing...their train is going in the opposite direction isn't it?

 

[Still Farming]

CLA? I wouldn't have thought it'd be their thing...their train is going in the opposite direction isn't it?

Possibily but all angles to veiw senario

 

[john432]

Thanks ,will pass on some very good info from here. I think that any share farming finished a long time ago , my friend is farming it in his own name. Things become a mess , unless contracts etc are done properly.

 

[yellow belly]

If there is no written agreement or tenancy there has a very good chance he has fallen into an aha tenancy
Get a good agricultural agent and lawyer
Do not sign or agree to anything