Page 3 | Help! Told to vacate paddock within 7 days or court proceedings will start

Smudgingpastels · 2021-07-24T10:59:17+00:00

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?

tallduckandhandsome · 24/07/2021 12:38

Offer to buy it.

YelloYelloYello · 24/07/2021 12:40

@Smudgingpastels

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.

And what did they say to do what they eventually started eviction proceedings?

And, regardless of what they told you, why do you feel, morally, that you should be allowed to stay somewhere you’re not wanted, for free?

ANewBrandOfShetlandPony · 24/07/2021 12:40

Yes you are being entitled. Not your land. Find somewhere else.

SimonedeBeauvoirscat · 24/07/2021 12:40

Pause a moment and take a deep breath OP.

Now, sit down CALMLY and write it all down in one clear post, from start to finish. Literally start with: we first rented this land on XDATEX with Xtype of contractX and have been renewing it (monthly? Annually?) since then. In October XYZ happened. Then …
Etc.

Then once you are sure you’ve included all relevant info, post it here and people will be in a better position to help you.

Floralnomad · 24/07/2021 12:41

If they offered to sell you it why didn’t you buy it then rather than just not paying .

newnortherner111 · 24/07/2021 12:41

I think you need to seek legal advice, suggest make a call early Monday morning. Hope there is a satisfactory outcome.

tallduckandhandsome · 24/07/2021 12:45

@Floralnomad

If they offered to sell you it why didn’t you buy it then rather than just not paying .

Coz the owners are rich and she thought she could squat there forever...

CustardySergeant · 24/07/2021 12:45

@Starjammer

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!

Exactly. You should have looked for alternative grazing when they refused to renew. It makes no sense that you decided to stay there regardless.

BSideBaby · 24/07/2021 12:45

You can't just squat on somebody else's land OP, and I'm not sure why you'd risk having your animals removed. Given the amount of notice you've been given, haven't you been looking for alternative grazing?

viques · 24/07/2021 12:47

Offer to buy it, then keep your fingers crossed that some chancer doesn’t come along and claim it is theirs under “ common law tenancy” -whatever that is.

I have the feeling that anything with “common law” ascribed to it probably isn’t worth the paper it is printed on, if you can contemplate buying land you can afford to get proper , paid for legal advice, especially since you have a nice little wedge saved up from not paying rent for 10months.

Stickytreacle · 24/07/2021 12:47

If they offered to sell you the land, then I'd take them up on the offer it it still stands, however if you haven't paid rent or moved your livestock off since October I don't think they will view your application favourably, I also wonder if it has already sold to another buyer it they are demanding you leave now.
In your shoes I'd be finding alternative accommodation for your animals as soon as possible, a stressful and expensive court case would be the last thing on my mind. I hope you get sorted.

Bryonyshcmyony · 24/07/2021 12:49

If they wanted to sell the land in October then chances are they've done so already

LeroyJenkinssss · 24/07/2021 12:51

Genuinely why haven’t you sought alternate grazing? If you knew in October they didn’t want to renew what was your end plan? I could kind of understand staying put if you were sorting out another field and had a date in mind but you were what? Planning to keep your horses there despite them not wanting you to forever? Aren’t you worried about your horses safety?

Scrowy · 24/07/2021 12:51

They shouldn't need to ask you to leave OP, a grazing license is just that, a license to graze that land for a defined length of time for a defined amount of money. When it's over it's over.

The BHS is correct in that if after the licence finishes they say to you, actually you can stay on on X terms it can then become a tenancy.

But that's not what happened here. It sounds like they have suddenly realised you are still there and are now taking action against the squatters on their land.

Nocutenamesleft · 24/07/2021 12:52

So you’ve been there for 4 years

They’ve asked you to leave. You’ve stayed put. The BHS I don’t think are correct

I’d offer to buy it. But they might not sell it to you now.

You’re in a right pickle. And if me and my horses would of been in that situation. I’d be ringing round to find a livery to take me immediately. Anything. DIY. Full livery.

It’s a nightmare. But you’ve got to sort this. I would contact a solicitor now. Today. I don’t think you’ve got a legal leg to stand on personally.

rantymcrantface66 · 24/07/2021 12:52

The thing is it sounds like the op was offered to buy it, refused as she thought she could just stay there for free, so it's possible they have sold it to someone else. You could ask to buy it now but I fear that ship has probably sailed. I know what I'd be saying if it were mine

007Stocko · 24/07/2021 12:55

Who is the BHS?

If you are concerned by the advise they have given then surely the thing to do is go back to them and ask them to talk you through it again.

I'm not saying that they are, but its very easy for the 'landowner' to say they have commenced court action when in reality they may not have. If the BHS are correct in what they say then it could just be bully tactics by the landowner to try and get you out when in reality you don't have too.

But I am no legal expert and you have to be guided by them, that would then be your defence in court should it ever be required. If your happy that the advice is good advice then good on you for standing your ground. But definitely worth having somewhere up your sleeve in case you have to move the pony quickly.

Nocutenamesleft · 24/07/2021 12:55

@viques

Offer to buy it, then keep your fingers crossed that some chancer doesn’t come along and claim it is theirs under “ common law tenancy” -whatever that is.

I have the feeling that anything with “common law” ascribed to it probably isn’t worth the paper it is printed on, if you can contemplate buying land you can afford to get proper , paid for legal advice, especially since you have a nice little wedge saved up from not paying rent for 10months.

Lots of times common law doesn’t equate to situations now. You’re right.

Nocutenamesleft · 24/07/2021 12:56

@007Stocko

Who is the BHS?

If you are concerned by the advise they have given then surely the thing to do is go back to them and ask them to talk you through it again.

I'm not saying that they are, but its very easy for the 'landowner' to say they have commenced court action when in reality they may not have. If the BHS are correct in what they say then it could just be bully tactics by the landowner to try and get you out when in reality you don't have too.

But I am no legal expert and you have to be guided by them, that would then be your defence in court should it ever be required. If your happy that the advice is good advice then good on you for standing your ground. But definitely worth having somewhere up your sleeve in case you have to move the pony quickly.

British horse society.

Not lawyers.

ProfessorSlocombe · 24/07/2021 12:56

@Smudgingpastels

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

Unpaid for (as well as the paddock ...)

godmum56 · 24/07/2021 12:56

well from this, it sounds like the BHS got it BADLY wrong. A common law tenancy gives you LESS rights than other kinds of tenancy simply-docs.co.uk/Grazing-and-Stabling-of-Horses

simply-docs.co.uk/Grazing-and-Stabling-Agreements/Grazing-Lease-for-Private-Non-Commercial-Use

Scrowy · 24/07/2021 12:58

British Horse Society

Who I suspect have not understood the full situation when they gave their advice

I.e that the OP hadn't explicitly been given permission to stay (because they hadn't asked her to leave) or that money was no longer changing hands.

The BHS probably did also advise that she could stay with few repercussions until court action was taken (the morality of this however...)

CloseYourEyesAndSee · 24/07/2021 13:01

The BHS might be correct in that they can't just evict you, they have to go through legal channels to do so, but why have you interpreted that to mean they can't evict you at all? Anybody can be evicted from land or property they don't own eventually, as long as legal process is followed.
I don't understand why you didn't start looking in October.

topcat2014 · 24/07/2021 13:01

It is surely patently obvious to anyone that if you are not paying for something you have zero rights to stay?

Why did you not think this OP

MsHedgehog · 24/07/2021 13:03

I cannot see what rights you have to the land after being there under a licence for 5 years. Sounds like you’ve been given the wrong advice.

Also, I’m afraid you come across awfully grubby and entitled. Because they’re wealthy, they should just give the land to you, otherwise you will face them in court to take their property from them?

You do realise that if you lose, you will not only lose the land but be liable for their legal costs?