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

[Smudgingpastels]

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?

@Smudgingpastels

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

If you had carried on paying rent then it might have been correct

It’s not your land , you’ve been given notice , so find somewhere new .

The wealth of the owners has nothing to do with it.

I am not entitled, I don't think as I was following the only legal advice I had been given.

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

Is this because they wanted you to leave? Surely you don't think you can just stay indefinitely in a paddock that belongs to owners who want it back, whilst paying nothing?

The wealth of the owners is relevant as they will have zero qualms about paying whatever they need to in court to evict you as it won't make a dent. It might well on you though. Just use the time and funds to find a new paddock instead of for expensive court action for a paddock that isn't yours

Why would you assume that you could just stay there for nothing

I want to face them in court because I am feeling that if the BHS are correct, they can't just evict us?

Regardless of whether they can evict you or not: you haven’t been paying and they want you out. So why do you think you should stay, for free, when the landowners don’t want you too?

Use your energies to find a new paddock.

This is a bit weird. If you've known since October they didn't want to renew it then why didn't you find somewhere else then? Seems like you've had 9 months for free so not sure you can be annoyed they're now asking you to leave!

@Smudgingpastels

I am not entitled, I don't think as I was following the only legal advice I had been given.

Why would you even think that you just get to stay when you know you don't own the land and you aren't paying rent?

@Smudgingpastels

I am not entitled, I don't think as I was following the only legal advice I had been given.

Did you tell them the full story about how you hadn’t been paying?

Yes just try to think oh well you've got away with 10 free months!

Did the BHS tell you not to pay? That sounds unlikely.

You've had nine months free use and now you want more?

The land doesn’t belong to you. You have been asked to vacate. You must have known this was coming since last October!

You do realise that if this gets to court, you could end up having to pay their legal fees, right?

There may well be a legal process they have to follow to remove you after that long, but having had nine months free I'm not sure I'd have the brass neck to follow it up!

Also the word 'tenancy' suggests you've been paying - you haven't. You can't just claim private land you don't own by using it for a couple of years. Bizarre thread.

They have offered us to buy the land. Do you think it's worth writing to them and saying we would like to buy the land instead? Or do you think it's too late now? Oh god you can tell I am out of my depth here.

Please be assured they did not ask us to leave in October last year, only did not wish to receive payment ( we paid them upfront anyway).

We understood from their email they wanted to upgrade the fencing and not to leave permanently.

It's only in the last 2 weeks this has escalated.

Yes I'd offer to buy it.

So last October you thought they'd decided to let you stay free of charge forever.....? Really

Make them an offer for the land if they're still willing to sell, and in the meantime find somewhere else for your animals.

The BHS legal helpline said to stay put hence we stayed put! I didn't stay put without legal advice and yes I gave them the BHS all the information about the money for the annaul rent.

But isn't that the point of a grazing licence from the landowner's point of view so that you don't actually have the rights of a tenant?
I think you know you should have been off in October.

If you can afford to buy it on a whim then surely you can afford to find alternative grazing/stabling?

So have you paid up front anyway despite them not asking for any or have you paid nothing since October. You've said both now. I don't think it matters what they've said previously they have now requested you leave. The fact they are very wealthy means they will be able to pay expensive lawyers upfront able to deal with it all on their behalf - fees you may well even end up liable for of you lose (which lets face it is likely) it's their land and they don't want you there, why would you want to stay? If you have the money to buy the land then surely you have the money to rent elsewhere.

It should not matter whether the land is owned by the Sultan of Brunei, the Queen of Sheba or anyone else who is fabulously wealthy, their finances and status are completely irrelevant.

They own the land and you don’t and if your paperwork to rent/lease has expires and they want you to leave you must do.

You are endangering your own animals security by this awful attitude.

I'd assume what the bhs meant was that you can stay put and see if they evict you, not that you can just stay forever rent free by rights. How could you even imagine that might be an option?