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wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 737
Experience:  I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
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My grandfather was a tennant of a dairy farm with a legal contract

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My grandfather was a tennant of a dairy farm with a legal contract tennancyand died 17 years ago .My father has run the farm for the last 17 years but there has been no new tennancy agreement he has been paying the rent . They gave him a notice to quit a number of years ago but nothing happened and the situation just keeps running on . How does my father stand legally?

wingrovebuyer : Hello. When did your grandfather's Tenanxy start please?
Customer: About 1966
wingrovebuyer : Thanks. Is there a tenancy agreement from that period?
Customer: Yes
Customer: Are there any more replys
wingrovebuyer : Yes - its just I am a working lawyer so can't always reply instantly.
wingrovebuyer : My view on this situation is thus: your grandfather had an Agricultural tenancy which is "protected". This means he had a secure tenancy and couldn't be evicted for no reason. The tenancy would also carry two succession rights, meaning your father could succeed to the tenancy, and then one more person after him. It seems, however, that when your grandfather died, there was no formal application to succeed to the tenancy. Is that right?
wingrovebuyer : If so, arguably the tenancy is vested in your grandfathers executors. However, if your father kept up the farm and paid the rent, after all these years it is also arguable that he was tacitly granted a new tenancy. This could arguably be as a successor to the original tenancy. However, if your grandfather died before September 1995 then it might be argued that your father got a whole new tenancy, still protected from eviction. I'm not sure you would want this as opposed to arguing he succeeded to his father's tenancy however, as under that you'd have one succession right left, but under a tenancy granted after April 1984, there are no succession rights.
wingrovebuyer : So - it is a very complicated intubation, with arguments either way. The Notice to Quit was never acted on, and never enforced. Arguably, it was waived by the lack of action by the landlord. However, it might also be the case that if it took effect, your father took a new tenancy by staying in place and paying the rent.
wingrovebuyer : Is there a reason you want to sort this out now, because I'd suggest you let sleeping dogs lie longer, given the very complex nature of this situation!
Customer: Ithe farm is becoming very dilapidated so my father is worried about this and also the landlords would probably sell the farm .and I am quite keen to buy the buildings.
wingrovebuyer : Ok. As a practical solution, I suggest you approach the landlord and offer to surrender the tenancy, if your father is happy to give it up. A protected tenancy is very valuable. If the farm is worth £1m it would only be worth £700k or so subject to a teXXXXX XXXXXke yours. Accordingly, if you offer to surrender the tenancy, you could take the buildings as compensation for giving up the land. The landlord could then sell the land free of the tenancy. Provided the valuations all work out, that is, or you could get the buildings and pay or be paid a balancing sum. Does that sound feasible?
Customer: Yes thanks
wingrovebuyer : Great - is there anything you need to know?
wingrovebuyer : If not, kindly leave a rating, or JA won't pay me for helping you.
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