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    • And so the saga continues. In response to the last email, again requesting a refund for reasons previously mentioned, this email arrived. Also two parts of the contract which seems to contradict what they are saying.              Thank you for your email addressed to our enquiries email address, which was forwarded to me. Clearly the current pandemic and the impact it has had across our whole industry is frustrating and inconvenient to individual customers such as yourself, it is simply unprecedented. However, you have signed a binding contract with us for bespoke goods made to measure for your property, and there is no automatic right to cancellation. Whilst the timing may have been important to you, time is not of the essence of our contract and the terms explain this in detail, the contract wasn’t entered into based on completion by a particular date. That would be the case in normal times but is even less within our control during the current situation, which is why we make it clear in all our correspondence.   When circumstances are such that we consider allowing a cancellation, we are entitled under the contract to recover our costs, as well as loss of profit. Currently the costs of your order for surveying, ordering and administration far out way the minimum deposit you have paid, having chosen to order using finance options. We have operated successfully for 25 years, in all seasons, and can certainly install this time of year without causing you issues with inclement weather. Should you which me to consider you cancelling now you are reminded of the contract terms, please let me know, and I will investigate the exact charges we would be seeking to claim from you.                                     
    • Hi thanks for your quick response here in PDF and i took the same 2 pics with my phone today.   pix.pdf NTK.pdf
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    • In which case they would be extremely silly to try it on in a court if it got that far, get proofs of delivery and collections from the firm  from your office, just time and date and the company delivered/collected to & from should be fine.  Also don't appeal, save your ammunition for later, for a snotty letter regarding deliveries and its not parking etc,if they send a LBA. If you can get pics of the location and any signage that would be good and post them up as PDF.
    • Hi, Thanks for quick response, I spoke to the security at the delivery point there and i was there for about 15-20 mins, must have been waiting for a collection to be brought down form one of the businesses in the building.   I was in a business marked Mercedes van.
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Property not as described, what are my rights?


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I signed a lease on a property that came with a 2 acre field and stables.

 

The house has a warp around garden, but the two acre field forms one side of the property (it is all fenced)

 

We have a 6 months lease, but agreed to sign a three year lease once we were settled. We had settled on getting a pony for the kids once the tree year lease had been signed.

 

We checked with the landlord that we could bring our dog (1 year old labradoodle) and moved in.

 

We moved the entire family a considerable distance

 

After a week in the house the local farmers wife came and asked if they could put some sheep in the field , i told her i was worried about the dog as he had never seen sheep let alone been in close contact. I told her i would think about it, but only after i had upgraded the fencing round the property (which was going to cost £500).

 

We want to be part of the community and i was prepared to make the gesture.

 

I did not upgrade the fencing and didn't speak the the farmers wife again regarding the matter.

 

We woke up about a week ago to all the kids toys and bikes dumped in the garden (taken from the field) and sheep and lambs all over the field.

 

Not wishing to cause any trouble we waited till after the weekend to talk to the letting agent to see where we stood, he contacted the landlord who told him that they had agreed to let the farmer graze the field .

 

The agent apologised and told us he never knew anything about the arrangement and it was only during lambing season

 

We didn't want to upset the applecart (new life, new start and all that) so we only let the dog or the kids play there when the sheep were not in the field. (we still had not spoken to the farmer or his wife at this point)

 

yesterday (when the field was empty) the farmer came barging on the property to tell us to get the dog out the field or he would shoot it (i know he's entitled to do this) and that not only could my kids not go into the field but neither could myself or my wife.

 

He says he has the permission of the landlord to graze the field all summer and that if he sees the dog again he will shoot it

 

It all got a bit heated at this point. I tried to reason with him, but to no avail

 

The property was advertised with a 2 acre field and stables. which we do not have the use of

 

My kids and wife are terrified that he will shoot the dog (Only spoken to on one occasion and he strikes me as the elderly stuck in his ways farmer that would and worry about it later)

 

Can i break my lease?

 

Can i claim back my moving expenses?

 

Can i reduce my rent payment?

 

can i lock the field off to the farmer?

 

The farmer is not for reasoning with at all and i am paying for land i can't use

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My advice is applicable only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your spouse/children] have exclusive use of a seperate dwelling, which is not shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted.

 

 

Regarding the farmer, your first port of call is the police, to make a criminal complaint of threatening behaviour; and to discuss lodging an objection to the renewal of his firearms certificate. The police take this kind of threatening behaviour very seriously indeed where an individual holds a firearms licence, following the recent tragedy in Cumbria.

 

 

Your tenancy agreement is probably valid if the agreement was signed before the landlord agreed to rent out the field to the farmer.

 

In that situation, there is a contract to grant you a lease of the agricultural holding. If protected by your actual occupation of the holding the contract might be enforceable against the farmer, given that a contract to lease land is not void for lack of registration at the Land Registry if it is for less than 7 years and is protected by actual occupation.

 

It will certainly be valid as against the landlord in that situation; and you could potentially sue him for damages for breach of contract. Certainly, the rent would abate, by a proportion, for the period that you are unable to use the field and stables. And you might be entitled to sue him for damages for loss of use as well.

 

He has agreed to grant you a tenancy; so you might be able to sue for breach of his implied covenant : he has in effect covenanted - a legally binding promise - not to derogate from his grant; i.e. he has promised in law not to undermine your lease by granting tenancy rights to

anyone else.

 

 

If he had already created the farmer's tenancy before granting one to you he might be liable to you in damages for breach of his covenant for title: he has in effect covenanted - a legally binding promise - that he has the legal right to lease the field to you.

 

Again, the rent would abate, by a proportion, for the period that your tenancy lasts. And you might be entitled to sue him for damages for loss of use of the field and stables as well. In this situation, your tenancy of the field will not be recoverable, not if the farmer's tenancy was granted before yours, because the farmer is then not a trespasser, so you can't sue to evict him as a trespasser.

 

 

There are many complicating factors that may defeat you. Go and see a Solicitor.

 

For example, I'm uncertain what the effect of the Agricultural Holdings Act might be; for you have agreed a tenancy of an agricultural holding, not merely of a residential dwelling, and the agreement is not going to be governed solely by the 1988 Housing Act, which applies to residential premises only. You can't have a shorthold tenancy of agricultural land.

 

Also, you only have - at most - an agreement for the granting of a lease, not the lease itself. So you might lack certain implied covenants that might have benefited you if you had an actual lease, granted under seal and witnessed, i.e. if you'd got one that was granted by deed.

 

 

Bear in mind that if you are a shorthold tenant, you can be evicted from the premises by simply being given 2 months notice, in writing, taking effect after the initial six months ends (expiring on the last day of a rent period). No reason has to be given. Where a dispute arises, concerning any matter, the landlord can simply end the tenancy in that way.

 

An agricultural tenancy can't be ended like that. If you've got a valid one - all you so far have is an agreement to grant a tenancy, not the tenancy itself - then there might be additional legal requirements before it can be validly terminated.

 

You need expert professional advice from a Solicitor specialising in agricultural holdings.

Edited by Ed999

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

If you've found my suggestions useful, please click on my star and add a comment

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