Livery yard tenancy agreement

[Suzie007]

Three years ago my friend and I entered into a Tenancy Agreement which was agreed by both parties for a livery yard for personal use and grazing. July this year the property was sold and new landlord says it is not valid as it was not signed. We know that this is not the case but he is now stating that it was a verbal agreement only. Which is not true and have emails with previous landlord to dispute this. The previous landlords are denying the existence of the agreement because they were desperate to move and have really dropped us in it. The new landlord has asked us to move and has given me to the end of January 2016 despite the fact that we still have 2 years left on the agreement. We will go as we do not want to stay now but we invested a lot of money into the property hoping to reap the benefits of this in the last 2 years - which we wont see now. Also he has now threatened us with immediate notice - where do we stand? Also where do we stand financially?

[honeybee13]

Hello and welcome to CAG. I expect the forum guys will be along with advice for you later.

 

In case it helps them, do you have copies of the paperwork? Was there anything signed and on paper?

 

My best, HB

[GrumpyToSayTheLeast]

do you not have a copy of the agreement?

[Suzie007]

Yes I have a copy of the agreement but it was not signed but I have been told that it is still valid.

[Suzie007]

Hello and welcome to CAG. I expect the forum guys will be along with advice for you later.

 

In case it helps them, do you have copies of the paperwork? Was there anything signed and on paper?

 

My best, HB

 

I have copies of all paperwork. Nothing signed on the agreement.

[SabreSheep]

How did you pay the rent? can you produce evidence of regular payments to the landlord that corresponds with the amount on the (Unsigned) Paperwork?

[Suzie007]

We paid the rent by standing order on the first of each month never missed a payment and when the new landlord took over we paid him cash and got a receipt for the first month and subsequently paid by standing order. We have paid full amount despite the fact that we have not had full use of the property for 6 weeks.

[ThedaBara]

It doesn't matter that you have an unsigned written agreement..it's obvious, though that there was a contract and that you have kept to your part. Perhaps you can claim breach of contract? TB

Edited November 29, 2015 by ThedaBara

[ThedaBara]

I think the fact that you have made payments which have been accepted by the other party means that both parties have entered into a contractual relationship, and whether the contract is signed or not, the written terms would still be legally binding… but I'm not an expert… I am sure there will be someone on here who knows about such things. Good luck! TB.

[Suzie007]

Yes that was what we thought. I will have to seek legal advice as the situation is getting nasty. I even think he is trying to stop me attending to my horses which I know he can't do. So unnecessary, but not easy relocating 10 horses overnight! Thanks for all your help.

[SabreSheep]

With the written agreement and the history of payments matching the agreement, signed or unsigned, I feel you have a good case as on the balance of probabilities that contract exists and as the terms appear to match the written agreement it would be found to be that agreement.

[Suzie007]

With the written agreement and the history of payments matching the agreement, signed or unsigned, I feel you have a good case as on the balance of probabilities that contract exists and as the terms appear to match the written agreement it would be found to be that agreement.

 

Thank you. Big showdown with them today so will find out what their demands are later on!

[SabreSheep]

I think it is important here to also state that you need to keep that papertrail as active as you can

 

Make sure your showdown is also delivered in the form of recorded delivery letter for which you retain a copy off, plus a copy of proof of delivery and postage

[Suzie007]

I think it is important here to also state that you need to keep that papertrail as active as you can

 

Make sure your showdown is also delivered in the form of recorded delivery letter for which you retain a copy off, plus a copy of proof of delivery and postage

 

Yes good point! We have had a letter from them asking us to leave by end of January 2016 but other communications have been verbal.

[ericsbrother]

the original agreement doesnt need to be signed as there was a "meeting of minds" as the courts like to say. This is clear by the paperwork and the payment made o for a year. The new LL is hoping that you will be bamboozled by their claims or they are just ignorant of the law and somehow think they are right because they wish it so.

You may well end up in court if they do try and evict you but it may be that you have to start the proceedings for a breach of contract. They will have been assigned the contractual terms by their purchase.

[SabreSheep]

It needs to stop being verbal communications now.

 

As you clearly have a contract, the breach of contract route is a good one

 

Any costs incurred moving could in theory be claimed and maybe that should be your final letter to him

 

A Letter before action

Stating that you can prove the existence of the contract

That requesting you to leave is a breach of contract

that if he still intends to breach the agreement then the costs of having to relocate will be borne by him and you will take action in the county court to recuperate those losses.

 

That is my view from a simple contract perspective

 

HOWEVER

 

The change in land ownership does complicate things and may have ramifications from outside my area,

[SabreSheep]

the original agreement doesnt need to be signed as there was a "meeting of minds" as the courts like to say. This is clear by the paperwork and the payment made o for a year. The new LL is hoping that you will be bamboozled by their claims or they are just ignorant of the law and somehow think they are right because they wish it so.

You may well end up in court if they do try and evict you but it may be that you have to start the proceedings for a breach of contract. They will have been assigned the contractual terms by their purchase.

 

A meeting of minds and also with the history of payments that can be proved matching the terms on the contract (Albeit unsigned) intent to create legal relations

[Suzie007]

A meeting of minds and also with the history of payments that can be proved matching the terms on the contract (Albeit unsigned) intent to create legal relations

 

Wow, this is fantastic information. Many, many thanks. I do feel somewhat comforted knowing he can't just boot us off. Yes it will cost us a lot to move all 10 horses, did not consider claiming that back. But I really appreciate the guidance from you.

[SabreSheep]

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

 

This may be a useful source of info given to me by another member of the site team

[Suzie007]

Thank you I will check it out

[Dookist]

They can't prevent you tending to your horses… it's illegal.