My dad owns some land and rents fields out to two tenants. The main problem is that this has been the case since my great grandparents pulled up apple trees and made gentlemans agreements with their neighbours; it seems there isn't much legal documentation to this. There was a bit of a legal battle between the three parties in the 80's from what I gather, I think because one of the tenants had built a house without asking permission of my grandparents, and my father says that 'because it was so costly with the legal paperwork everyone just agreed to drop it and we got no where'. Very frustrating now as nothing has been resolved and my dad is none the wiser to his rights.
Anyway, now we have a situation where the same tenant who built the house and is no longer using the land for agriculture other than a few sheep, has assigned the land to his son, in 2011 The first my dad heard of this was last month when his managing agent found it out.
I have urged my dad to seek legal advice but he is convinced his agent knows best - I hate to feel he is being strung along by someone who may not know the law well enough to help him.
The ideal would be to evict this tenant as the reason the agent was looking into it was because he hasn't been upkeeping the land; trimming hedges, owing etc and we have had complaints. Also the other tenant is apparently allowing horses across the fields (they say they have her permission from the tenant to ride and my dad has to go out and challenge them). He is getting a pittance from both tenants - under £500 per annum for over 40 acres, some of which is equine land.
I really hope that someone can help or advise us of a good solicitor or specialists in this type of problem?
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Agricultural land questions regarding assignment by a tenant
5 replies
ATouchOfStuffing · 31/01/2013 14:55
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