What is a tenancy.

[Nosmo King]

I have 5 stables with some land. I have been renting out these stables for 40 years on a weekly basis to people with horses with the land as grazing.
Next to my land is a large Equestrian Centre (27 Stables) with little land.
In 2018 the Equestrian Centre was rented out to new tenants, a husband & wife, and they asked if they could rent my stables and use the land as grazing for the tenants of the Equestrian Centre, I agreed on the basis that they paid monthly by standing order.
When the rent arrived in my bank it appeared that they had opened a bank account in another name.
Occasionally they missed a monthly payment. By 2023 over 3 years they had missed 4 months rent.
They had their house up for sale and when it was sold I was promised the back rent would be cleared.
Unfortunately last year the husband passed away but the wife continued to run the Equestrian Centre and continued to rent out my stables and use my fields for the grazing of horses from the Equestrian Centre.
Out of respect I left tackling the widow about the outstanding rent until a month had gone by and when II approached her she said that the "Arrears were in hand and I would get paid" So I allowed her to continue.
She vacated the place without informing me that she was going. I found new tenants and am now chasing her for the arrears which are now over £2000

She now disputes that she is responsible for the outstanding rent she says that a tenancy has not been created and ""do not contact her again "unless I can provide evidence of her liability for the debt""
I would have thought that after her husband died the fact that I still received 4 rent payments in the 6 months since her husband died is proof that a tenancy existed. (Also she was not running a business it was a hobby although having 32 stables rented out is profitable)
What do I do, make a claim in the small claims court and let a magistrate decide if a tenancy was created.
Could do with knowing the actual legal definition as toe whether a tenancy was created by her carrying on.
All replies gratefully received.

 

[betweenthelines]

Take her to the small claims court for the outstanding monies.

Hopefully you will have some proof of the conversation where she said the arrears would be paid. Having previously recieved payments from a Bank Account (presumably in someone's name) confirms that the money was outstanding.

I think the question of a tenancy is irrelevant.

 

[Nearly]

Let the bitch go and be grateful she vacated your land.
Get a tenancy document for the next ones that says you can throw them off if they miss a month.
@YorkshireAndrew

 

[serf]

I'd be glad they didn't create a tenancy , not wanting one to be created !
I'd say you got off lightly and leave it at that and don't have anything to do with horses or their owners ever again

 

[AJR75]

Horsey folk can be pretty fly to say the least. In terms of the small claims court- I had an issue with non payment from an equestrian yard a couple of years back. Amount outstanding similar to yours. Took the lady to small claims court, found in my favour, ccj issued (on checking she already had 6+ against her) and to this day not a penny received. Bailiffs have visited her house several times and she just refuses to answer the door- avoiding them really is that simple it would seem.

If you can afford to lose the £2k then I would walk away and chalk it down to experience. If someone doesn't want to or can't actually pay they won't.

 

[le bon paysan]

If she said no tenancy was created, leave it at that and walk away. Tenancy problems are expensive.

 

[ewald]

I run on the 11 months rule when letting industrial units - 11 months rent in a calendar year is a pretty fair result. You are somewhere near this figure, just forget about it.

 

[Timbo75]

Really depends on what evidence you have of the "tenancy", be it photos, or bank statements, documents etc. A word with CAB might be useful, otherwise walk away, and learn from your mistake of being too casual / charitable.

 

[Nosmo King]

I have 5 stables with some land. I have been renting out these stables for 40 years on a weekly basis to people with horses with the land as grazing.
Next to my land is a large Equestrian Centre (27 Stables) with little land.
In 2018 the Equestrian Centre was rented out to new tenants, a husband & wife, and they asked if they could rent my stables and use the land as grazing for the tenants of the Equestrian Centre, I agreed on the basis that they paid monthly by standing order.
When the rent arrived in my bank it appeared that they had opened a bank account in another name.
Occasionally they missed a monthly payment. By 2023 over 3 years they had missed 4 months rent.
They had their house up for sale and when it was sold I was promised the back rent would be cleared.
Unfortunately last year the husband passed away but the wife continued to run the Equestrian Centre and continued to rent out my stables and use my fields for the grazing of horses from the Equestrian Centre.
Out of respect I left tackling the widow about the outstanding rent until a month had gone by and when II approached her she said that the "Arrears were in hand and I would get paid" So I allowed her to continue.
She vacated the place without informing me that she was going. I found new tenants and am now chasing her for the arrears which are now over £2000

She now disputes that she is responsible for the outstanding rent she says that a tenancy has not been created and ""do not contact her again "unless I can provide evidence of her liability for the debt""
I would have thought that after her husband died the fact that I still received 4 rent payments in the 6 months since her husband died is proof that a tenancy existed. (Also she was not running a business it was a hobby although having 32 stables rented out is profitable)
What do I do, make a claim in the small claims court and let a magistrate decide if a tenancy was created.
Could do with knowing the actual legal definition as toe whether a tenancy was created by her carrying on.
All replies gratefully received.

This debt has now been paid. I would have gone to the small claims court.

 

[e3120]

This debt has now been paid. I would have gone to the small claims court.

She must be a TFF member/lurker.

 

[Coximus]

Take her to the small claims court for the outstanding monies.

Hopefully you will have some proof of the conversation where she said the arrears would be paid. Having previously recieved payments from a Bank Account (presumably in someone's name) confirms that the money was outstanding.

I think the question of a tenancy is irrelevant.or

JUst dont mention tenancies and you mentioned a new company account setup --- horse come with a higher rent than farmers for just the reason - in the end you would always be better off getting £300 a year from a farmer for that field than thousands for horses.... You may find if she claims tenancy she claims to sell it on or its benefit and your £2000 owed will become "£10,000 legal bill and lots of sadness to boot.

Horses come with people - and theyre usually the sorts of people that cause a headache. If a horse isnt the cause for a divorce itll still destroy everything you own and then invite some more horses to cause problems.


Find a good local sheep farmer- either take the 3-500 a year to have the land looked after well - hell even get a hay cut and rent winter grazing, you may scrape £1k a year profit if your good. And none of the total balls up you get from a horse.

 

[flowerpot]

It would have been worse if she had claimed a tenancy. Then you might have had to pay her out to get your property back.

Happened around here, someone had let their field for a small rent. When the house and land was advertised for sale as freehold the person using the field claimed a tenancy and the vendor of the house had to pay him out to vacate the field.

If you want to rent it out again please get legal advice and a proper agreement.