Written permission.

Home Farm.

Member
Mixed Farmer
Hi, in our ongoing problems with our landlord they are now looking at building ownership. Since we have been tenants for more than 40 years now and we have built all the modern farm building on the farm with either the landlord or his mother our previous land lady permission. The trouble is as we had a excellent relationship with there things were always done over a cup of tea and verbal permission was always given. Now the landlord has new agents and they are trying to get use our of the farm. They have asked to see all written permission for building the sheds which we don't have. It is in the tenancy that if we have built without written permission it is breaking the tenancy. The last shed was erected 21years ago and there has never been an issue until now. The last 5 rent increases have also been do verbally and he has quite happily excepted this so should this show that everything has been do verbally or do we not have a leg to stand on?
 

Flatlander

Member
Arable Farmer
Location
Lorette Manitoba
Very similar to my situation before I moved here. LL was my aunt and dealt with an agent because of that reason ended up being allowed to build sheds and alike but it was at my expense and pro rated over twenty years. When I left there was 15 years still to run on a shed and she was supposed to pay for the remaining value. i argued tenants improvements over a lot of other things too but achieved very little. Without paper trail your going to struggle but also they can’t prove what was said either. If your wanting to stay on the farm pay the rent as normal and ignore the agent. if your agent doesn’t have a bite before bark approach go higher up the food chain or your on a looser.
in my case because I pulled down the existing building to build new I was just replacing what was there and avoiding dilapidations So wasn’t entitled to compensation. After this my aunt was spelt with a C
 

Dry Rot

Member
Livestock Farmer
All I remember from my college days is The Law of Property Act 1925 that made it law that all agreements in land had to be in writing. Other than that "That which is attached to the land becomes part of the land". Of course, there will be fine points that the layers can make money on but my maxim has always been to "get it in writing". Do I trust them? Hell no!
 

Flatlander

Member
Arable Farmer
Location
Lorette Manitoba
If youve Used said building fir twenty plus years you have probably got your money back.if there was nothing there to begin with offer them to the LL at a reasonable price or offer them for sale to be moved. Your asset you decide. Any clause about tenants improvements on your rental agreement. you can guarantee there is one fir dilapidations.
even if no permission was granted in writing the fact that no legal action has been made to get them removed is almost conformation of approval. Would the council have the planning permission records with names on it as it was rented land.
 

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