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Help! Told to vacate paddock within 7 days or court proceedings will start

264 replies

Smudgingpastels · 24/07/2021 11:59

Have no where else for our animals, our grazing licence expired Oct 2020 but the BHS legal helpline said stay put as it has turned into a common law tenancy as we have been there for 3-4 years and have maintained the land. What should we do? Any lawyers please?

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Bryonyshcmyony · 24/07/2021 12:00

I'm not sure that true, I've rented my paddock for 10 years and still have no rights over it?

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nothingcanhurtmewithmyeyesshut · 24/07/2021 12:06

I also don't think that's true. Why did you let your licence expire? Can you not renew it?

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GOODCAT · 24/07/2021 12:07

Are you sure it hasn't turned into a new licence especially if they have been trying to get you to leave since October?

Either way go and look urgently for a new place. Court proceedings won't be instant, but if they get to enforcement the bailiffs will be able to remove animals and equipment and sell them.

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Smudgingpastels · 24/07/2021 12:07

I want to face them in court but not sure where I stand legally or even know if it's wise...

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Huckleberries73 · 24/07/2021 12:08

Where are you?

I have to say - I lease my paddock - if you did this to me I would be very unimpressed.
Speak to the owner.

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Smudgingpastels · 24/07/2021 12:09

Does enforcement come before court proceedings?

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Bryonyshcmyony · 24/07/2021 12:09

Why can't you renew your licence?

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Bryonyshcmyony · 24/07/2021 12:10

If they are horses then you need to find livery for them or another paddock ASAP.

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Nicknacky · 24/07/2021 12:11

Why do you want to face them in court?

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Scrowy · 24/07/2021 12:12

Well it sounds like they are following the correct procedure.

Was the advice you were given in October to stay put until they took you to court to evict you, which is what they are now doing?

The fact that you can't find other grazing is not their problem. They want their paddock back!

Have you been paying them since the grazing licence expired?

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Smudgingpastels · 24/07/2021 12:13

I am in Berkshire, the landowners are very wealthy racehorse owners with an offshore holdings and speaks through the land agent who is very intimidating and has instructed the solicitors. I told them that I believe there is a common law tenancy in place? It's like me a pony owner against Goliath. Is the BHS helpline right? Should I ignore the notice to vacate?

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KatherineJaneway · 24/07/2021 12:13

I don't think you'll be able to get helpful advice without more information. Why can you renew your license, why do you want to face the owners in Court?

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Bryonyshcmyony · 24/07/2021 12:14

@Smudgingpastels

I am in Berkshire, the landowners are very wealthy racehorse owners with an offshore holdings and speaks through the land agent who is very intimidating and has instructed the solicitors. I told them that I believe there is a common law tenancy in place? It's like me a pony owner against Goliath. Is the BHS helpline right? Should I ignore the notice to vacate?

It's totally irrelavnt if they are multi millionaires! It's not your land.
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YelloYelloYello · 24/07/2021 12:14

Why on earth do you want to do this? Put your energies into finding a new paddock.

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Scrowy · 24/07/2021 12:16

@Smudgingpastels

I am in Berkshire, the landowners are very wealthy racehorse owners with an offshore holdings and speaks through the land agent who is very intimidating and has instructed the solicitors. I told them that I believe there is a common law tenancy in place? It's like me a pony owner against Goliath. Is the BHS helpline right? Should I ignore the notice to vacate?

I'm not really understanding why you think you have the right to stay there?

Surely it doesn't matter who the owner is. It's their land. Even if it did become a common law tenancy after the license expired they can then go through the proper process (court) to evict you from it.

Have you been paying anyone any money for it since Oct?

You can ignore the 7 day notice, but you will end up in court, probably without a leg to stand on.
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Smudgingpastels · 24/07/2021 12:18

They didn't want to renew the license in October and haven't told us to leave until 2 weeks ago. I rang the BHS helpline and they said they can't just do that. I am not sure of course but I have just followed advice I have been given. I want to face them in court because I am feeling that if the BHS are correct, they can't just evict us?

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Notonthestairs · 24/07/2021 12:18

Agree you need to concentrate more on finding a new paddock and less worrying about how wealthy the owners are.

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Smudgingpastels · 24/07/2021 12:19

No, no money since October as they did not want any.

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Scrowy · 24/07/2021 12:20

@Smudgingpastels

No, no money since October as they did not want any.

Did you tell BHS that or were they under the impression you had still been paying them.

If you haven't paid them anything you haven't had a tenancy you have been squatting.
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drpet49 · 24/07/2021 12:21

What you have posted is irrelevant. It is not your land. Time to go.

You sound so entitled OP.

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Smudgingpastels · 24/07/2021 12:21

So the consensus is that the BHS advice was wrong...

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Bryonyshcmyony · 24/07/2021 12:21

I'm pretty sure you have no rights at all but I'm no lawyer!

How many ponies?

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Pingued · 24/07/2021 12:21

Maybe post in the legal bit?
Have you started looking for somewhere else?

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Smudgingpastels · 24/07/2021 12:21

That's extremely worrying!

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justforthisnow · 24/07/2021 12:22

Unless there is some very pertinent detail you have left out, you are squatting on someone elses land. Why on earth would you go to court about this? Its someone elses land!

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