Eviction from grazing - is this legal??

[anxious_smallholder]

Hiya, this is my first post so please be gentle with me!!

 

Three months ago we were looking for a field on which to graze our horse and some goats. we say an advert locally for "grazing suitable for horses and other livestock" so we viewed it, liked it and agreed the rental figure, rent due end of each month, so as we were half way through the month, we paid the remaining two weeks of that month there and then at the gate. we were told that a contract and receipt book etc would follow.

 

Since then, we have paid the rent - cash - direct to the landlord, still had no sign of rent book or recieipts or contract. Within the first two weeks we moved the horse onto the land and a pair of goats, and made repairs to a dilapidated steel barn ourselves (out of our own pockets) as the landlord told us that the fencing, buildings (of which there is a barn, couple of sheds and a poly tunnel) are on a "repairing lease" i.e our responsibility.

 

We moved on a dozen or so chickens (including a cockerel) to help "rotovate" some of the land as the top part of the land with a poly tunnel had a run down allotment which we were told we could also use as part of the lease. Have been to pay the rent today - again cash - and got a text message from the landlord stating that due to the fact that we were keeping chickens the lease has been terminated and we have two weeks to move off the field.

 

So OK, several things now running through my mind. Bit scattered so please ask for clarification if needed.

 

1 - Grazing of livestock other than horses - this was approved and therefore does this mean that the lease is in fact an agricultural lease? if so, what notice period should we actually receive?

2 - Al rent is up to date (however last months was two weeks late) so can the LL claim late payments as a reason?

3 - I have nothing in writing - does a verbal contract still stand?

4 - Something in the back of my mind says "allotments Act 1950" which states that any person using land as their own can raise poultry and rabbits under statute law, irrespective of local clauses or conditions" or words to that effect. if this is so, then the reason for terminating the lease is non-valid surely?

5 - if it does qualify as an agricultural lease, surely their must be provisions and paperwork that the LL has to provide under law?

 

Just to recap:

 

1 - LL knew about goats grazing before we paid for the lease

2 - LL came up to view field one month into the lease and saw the chickens and said "how lovely" they were, so knew about those too

3 - With LL permission, using part of the land as allotment, having cleared brambles etc out of the way

4 - Undertaken extensive repairs - i.e re-roofing - steel barn

5 - Undertaken repairs to poly tunnel and planted a considerable lot of fruit and vegetables in the allotment

6 - all rent up to date, none outstanding

7 - we live in Wales if this has any bearing on the answers you may give

 

I am happy to go and speak direct to the LL, but i want to make sure that i know where i stand and don't agree to anything stupid before i speak to them. I could remove the hens if needs be, but i feel that i am at least protected under statute law in keeping them there!

 

Many thanks

 

Anxious Smallholder

Edited April 25, 2012 by anxious_smallholder
poor spelling

[mariner51]

You appear to be taking a very legalistic attitude over an arrangement between 2 private individuals.

The property is not for your residential or commercial use, so L&T law does not apply IMO, so straight contract law may be applicable. A verbal agreement may be sufficient, a written one preferable, esp for land only.

Allotment Act does not apply since land not owned or leased to you by Council.

Rent book not required nor can I see an Agricultural lease being created

Original request was for grazing horses; repairs & adding doats/chickens and veg patch effectively means a small holding being established (as indicated by your screen name). Chickens also increase the risk of foxes, poss something the landowner does not want to encourage.

Extensive repairs were your decision, for your benefit, LL did not ask for them hence your cost. Did you ask LLs prior permission before roofing the barn?

Pay by cheque/SO if poss, for bank statement entry or provide your own receipt for personal collection.

You have modified the orig agreement, LL now realises chickens are likely to be perm feature so I believe he can terminate it at end of current paid rent period.

Talk to landowner & negotiate. In certain areas, suitable grazing for horses is hard to find and expensive.

[anxious_smallholder]

Thank-you for your prompt reply, can i point out a couple of issues:-

 

the original agreement for the land was to provide for horses AND two goats (one of which is in kidd). This therefore indicates that the land was for "agricultural use" as one of the pre-requisites to establish nature is the breeding and raising of animals. During negotiations sheep were also mentioned and permissible by the LL. There is a large poultry shed already on the property, supplied with water that the LL had use of, and had partially converted to provide a kitchen and a casual sleeping area for "wild camping" by his family. In total, the lease is not for land only, but includes poly tunnel, greenhouse, barn, stables, poultry shed and assorted lean-to's and storage areas. The property is divided up into several lots, all ring fenced and provides several grazing areas and an allotment area kept apart from the grazing.

 

With regards to the barn roof, it was notified to the LL before acceptance of the land and the LL stated that the roof needed to be put back on, something either they would arrange, or i could do as part of the repairing lease. Therefore, informing them i would do it, i feel justified in stating that the landlord was fully aware of my requirement to repair the roof.

 

Chickens were indeed a later addition, however, LL in full knowledge of them and not initially concerned. I feel that the use of chickens is a lever with with to start removing us from the land. As i understand it, allowing us entry to the land

 

No Farm Business Tenancy has been implemented therefore as we were invited by the LL to have use over the poly tunnel, greenhouses etc to raise plants, practice horticulture and grow seedlings, as the LL was aware of the livestock from the outset, am i right to feel an agricultural lease should have been formed??

[assisted blonde]

No its just an agreement between you, i would say that the |LL is a little unhappy about the amount of things happening which seems to have veered away from grazing, at the end of the day its his land if he dosnt want you there you will have to look for somewhere else.

[Mr lex]

Regretfully, I have to agree with the two other posters.

You do seem to have changed the origenal agreement somewhat and I agree with assisted blonde that the landowner is having second feelings about this. If you can, talk face to face with the LL and try and see if you can get him to reconsider.

At the end of the day, would you want to leave your horses somewhere they were not wanted.

 

Lex