Sitting tenant? Does it exist any more?

[ISCO]

He needs to move fast as if landlord is wise and thinks that he may have oral AHA tenancy then needs assigning to limitrd company asap.
If landlord well advised they will serve section 6 notice to reduce oral tenancy into writing which stops assignment. Then only has lifetime tenancy

 

[Flat 10]

I kind of think that a lifetime tenancy for this chap may well be fair. However trying to assign to a company to get an indefinite tenancy sounds a bit out of order as it’s almost certain that that’s not what the old guys would have wanted. Otherwise they would have left him the farm in their Will’s! Maybe do it to get some leverage but a lifetime sounds much fairer to me.

 

[ISCO]

I kind of think that a lifetime tenancy for this chap may well be fair. However trying to assign to a company to get an indefinite tenancy sounds a bit out of order as it’s almost certain that that’s not what the old guys would have wanted. Otherwise they would have left him the farm in their Will’s! Maybe do it to get some leverage but a lifetime sounds much fairer to me.

Just stating what the law is not whether it is right or not
A good agent or ag. solicitor will be under a duty to advise of the above and then up to client how they wish to proceed. If not advised of this any agent or solicitor would be negligent.

 

[glasshouse]

NFU ,CLA etc too?

No

 

[glasshouse]

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.

He has a full tenancy, get the tfa on board

 

[john432]

Just an update, my first impression of the situation with my friend was that he had no clue of the rules of tenancy etc ,and wasn't very positive sounding about the solicitor he was using.
Anyway I lost or forgot his landline number, so googled, what turned up was that he's now registered as a limited company for the last 6 months or so. His daughter and granddaughter help him on the farm regularly. And he'd like them to carry on. So I'd say that his legal advisor is pretty much on the ball. He even told me recently that the old boy had signed some document?? That effectively capped any rent increase for a while. So once again thanks for the advice and suggestions ,I'll pass them on.

 

[glasshouse]

Just an update, my first impression of the situation with my friend was that he had no clue of the rules of tenancy etc ,and wasn't very positive sounding about the solicitor he was using.
Anyway I lost or forgot his landline number, so googled, what turned up was that he's now registered as a limited company for the last 6 months or so. His daughter and granddaughter help him on the farm regularly. And he'd like them to carry on. So I'd say that his legal advisor is pretty much on the ball. He even told me recently that the old boy had signed some document?? That effectively capped any rent increase for a while. So once again thanks for the advice and suggestions ,I'll pass them on.

Its imperitive that he joins the tenant farmers association and gets their advice.
A lot of ordinary solicitors are not up to the job on farm stuff

 

[Brisel]

Its imperitive that he joins the tenant farmers association and gets their advice.
A lot of ordinary solicitors are not up to the job on farm stuff

Agreed. This is a specialist subject.