Today my Landlord has taken possession of ground that I rent. All my equipment is still there.

I am late with my rent - I pay six months in advance and I am a good few weeks late with my payment, but it was paid into their account yesterday.

I have been to see them and they have said they still need to take possession, but will give me a decision on Monday as to if I can stay or not.

My lease is a Fixed Term Farm Business Tenancy and it's for three years, I am a year into the lease.

Please people, is there anything I can do if they turn round and say I cannot have possession back?

Please don't read and run - I'm really upset and any kind of help or advice would be most welcome right now.

Anyone?

Hello there.

I'm sorry you haven't had any replies yet, but this isn't a topic that everyone would know about.

I'm not sure if this is relevant, but what does your lease say about late payment please?

HB

If you have an FBT, then you have a two month period during which you may pay the rent after it is due. Thereafter the LL can serve notice on you, and if rent remains unpaid at the end of the period (four months after the date on which it was due), then a notice to quit will be served on you.

Unless you have failed to pay rent previously during your two month grace period (at least twice) and notices to pay have been served, you will only be given two months, not four in which to pay up before the notice to quit is served.

They can't just take possession.

Ignore the above, it's for pre-95 tenancies.

For your type of tenancy it is slightly different.

They can charge admin charges on late rent, plus interest.

If you fail to pay within two calender months a formal notice to quit will be served, which gives at least 12 months notice - or a not less than 2 month notice of forfeiture.

They still can't take possession just like that - but you have less time than under a 1986 tenancy.

Thank you Lea-HTH

I've still heard nothing. I was promised a phone call at 10am today. I have chased via email and phone.

Over the weekend I have been through the lease and it states that they only have to give a months notice. Is it still the case that they should give two months?

I pay six months in advance. They have my current rent and haven't sent it back (which is six months in advance).

I was so upset, but now I'm just angry that they are playing God. Can I get a bit more serious with them? I have taken a photo of the board that went up stating the property was up for rent (before they took possession) and the lock that they have put onto the shop.

Sorry, I forgot to add that the lease was drawn up in 2013.

This may help:

https://www.gov.uk/agricultural-tenancies

It would seem common sense that they cannot take land back if you are current with the rent?

They may well be able to serve notice, but that has to be at least 12 months.

Also only a court can grant eviction!

defo. sounds illegal to me; you may need to get a solicitor tol ook into it and write to the LL.

Regardless if you have paid your rent, I would imagine that if you have missed your payment by 21days, then they can forfeit your lease regardless of if you paid yesterday. Most commercial tenancies work this way but it should all be written within the agreement.

Did you live within the farm or was it just purely a farming/commercial tenancy?

Only a court can evict!!

Only a court can evict!!

I assume the landlord took possession under terms in the commercial tenancy agreement. This is a forfeiture and is done without court order, the same as commercial rent arrears recovery.

Eviction of persons can only be done with a court warrant, but forfeiture(or the peaceful re-entry to forfeit a lease) does not need one.

wrong; the Land owner must first obtain a possession order from the court.

Regardless if you have paid your rent, I would imagine that if you have missed your payment by 21days, then they can forfeit your lease regardless of if you paid yesterday. Most commercial tenancies work this way but it should all be written within the agreement.

It's not a 'commercial tenancy' it's a Farm Business Tenancy which comes under specific legislation, and FBTs are specifically excluded from the LTA so tenants of FBTs are not 'commercial' tenants. Therefore Raydetinu is correct in this case, only the court can grant possession and thereafter evict.