Long term Tenant without a written contract - urgent advice please

[monstermasher]

long story short, we have holiday home in Wales that we have paid for over 10 years to a local farmer, no formal written agreement just regular monthly payment.

 

A 'relative' of ours has gone to the farmer and told him that he will take over the rent, effective immediately, and basically kicked us out, the 'relative' is returning our rent and has installed a builder at the property, even tho its full of our stuff

 

Where do we stand legally, as I write this some scroat is in our other home, with all our stuff, and even our paid electric and bills? aaarrgghhh

[Steve__M]

Hmmm...nasty. Without knowing the long version regarding the link between your "relative" and the farmer, you need to consider getting legal advice. These are my uninformed thoughts:

 

Without a contract in place I think that by default you have an Assured Shorthold Tenancy or Statutory Periodic Tenancy which gives you rights to adequate notice of intent to end the tenancy.

 

In the first instance a phone call and letter to the farmer informing him of "the very serious nature of this unlawful eviction" unless it's reversed forthwith might be in order. ie. threaten him with all manner of consequences.

 

You could look at this. Not sure how in practice it'd apply to a holiday home.

 

The Letting Centre - Protection From Eviction Act 1977

 

Reasonably you could try the Police on the basis that they've basically broken into a property you live in and that your personal effects are at risk. Try and have some panic in your voice about concern about your goods otherwise they may claim it's a civil matter.

 

If all else fails, you may have to live with a civil claim for damages - eg. cost of removing and storing your goods, loss of amenity. The threat of this might move the farmer as it would easily add up to quite a bit of money.

[Aequitas]

This is clearly not an AST as it is not your main residence. You do not therefore have the protection afforded by the Housing Act 1988. However, there is still a tenancy that can only be terminated by notice to quit. Until that notice to quit is served and has expired you have a right to possession. Threaten legal proceedings all round. Whether it will in fact be worth issuing proceedings will depend on the amount of damages likely to be payable. Consult a solicitor.