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?

What is the process if I ignore the letter and let them take me to court?

I am pretty sure the PP is right - they cannot evict you without a court order (which they will get), so technically the OP can stay on the land until they legally evict her.

but tbh I've heard horror stories of horses being kept on land (gates mysteriously left open etc) while waiting for eviction so I wouldn't do it

So you assumed that as they were not renewing the lease you could just stay for free? Why would you think that!?

@Smudgingpastels

What is the process if I ignore the letter and let them take me to court?

They will take you to court and win and you'll turn up and find your horses tied to the fence outside.

This is insanity, who the hell are you getting this 'legal advice from? You have no legal rights to the land at all and if you haven't paid since October, you are not a tenant, you are a squatter. If this goes to court, you will lose and given a certain number of days to move the animals. It can be as short as 48 hours. After that the bailiffs will remove and sell any animals or equipment remaining.

@Smudgingpastels

What is the process if I ignore the letter and let them take me to court?

Will take around 2 - 3 months and then you’ll be evicted.

You will also likely have to pay for their legal costs, which can be a lot.

So they told you they weren’t renewing your licence - which means once that licence expired you’d no right to be there - but you thought you could just stay anyway?

@Smudgingpastels

What is the process if I ignore the letter and let them take me to court?

Now you are just being daft. Just move the animals and stop bringing more hassle to your doorstep.

OP I'd honestly just find somewhere else to put your horses.

You won't win in court, you'll get evicted and then you've got a bigger problem. They won't want to sell you the land if they're having to take you to court. Whatever happens you'll have to leave so just find somewhere now

CF at the finest they haven't renewed your lease and you think you are entitled to stay .

If it does go to court they may be able to claim cost from you for the process.

@WhenISnappedAndFarted

OP I'd honestly just find somewhere else to put your horses.

You won't win in court, you'll get evicted and then you've got a bigger problem. They won't want to sell you the land if they're having to take you to court. Whatever happens you'll have to leave so just find somewhere now

100% this (I am a horse owner who rents grazing btw)

The email in October simply said they were not renewing the licence nothing else and they did not say to leave

So what on earth did you think not renewing the lease meant 🙄 just stay forever for free???

It's quite clear that with any kind of tenancy not renewing a lease means you're out

I'm lost as to why you're so keen to take this to court. You don't have a leg to stand on. Why on earth would you want the stress and expense on something you're realistically never going to win. Them taking you to court is a necessary step for them to get you off their land, you don't have a case

@Smudgingpastels

What is the process if I ignore the letter and let them take me to court?

You will find it hard to move to another land

They can do things like plow the land. So no grazing. They can spread weed killer etc. Ragwort killer. Which can be poisonous. Hopefully they won’t. But if they’re rich. They’re likely to just get bailiffs. Which could take your horses and sell them. Not sure I’d want to risk it.

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?

Why do you believe you have more rights than the actual legal owner of the land? What make you think you can stay there (without paying) or even with paying if the landowner wants you out? And it does not matter how much money the landowners have, it still belongs to them. I suggest you put all your energy into looking for somewhere else suitable, rather than wishing for your day in court. Why? You are so entitled and unreasonable I am not at all sure this is even real. MOVE YOUR ANIMALS OFF SOMEONE ELSE'S LAND!!

What is the process if I ignore the letter and let them take me to court

You will lose.

Courts take a dim view of cases where it could have been settled out of court.

What if they get awarded costs & you have to pay for their £400 an hour barrister?

@Smudgingpastels

What is the process if I ignore the letter and let them take me to court?

What would your reason be for doing this?

Are you joking?
They didn't renew the lease and you thought that meant they wanted to let you use the land for free?

This is going to cost you. You'll end up paying all sorts of legal costs.

@Smudgingpastels

What is the process if I ignore the letter and let them take me to court?

Oh God dont do this. Have you seen what barristers charge? You could well be forced to pay their costs as well as your own. And still have to move your animals.

Keep your money, find somewhere else, if you have enough to buy this paddock then you can buy a different paddock elsewhere.

The stress and costs aren't worth this.
If its true that the land owner is rich then they can up the costs to you considerably. A drop in the ocean to them, bankruptcy for you.

@Smudgingpastels

The email in October simply said they were not renewing the licence nothing else and they did not say to leave. There were times before when we were not asked for payment.

In the real world, not renewing the license means you'll have to go. Why didn't you go?

Just to be clear - they said they were not renewing the licence and you thought this meant you could stay there for free?

If it goes to court you definitely wont win, you will have your costs to pay plus theirs that could run into thousands if not hundreds of thousands.

Stop being stupid and move your animals before you're evicted and have a massive bill.

I hope you have deep pockets of this goes to Court. You will lose, their costs will be awarded against you and I doubt they are using a bargain basement legal time. You sound either incredibly naive or incredibly dim. Move your pony

Would OP end up with something like a CCJ against her for costs?

I could understand OP ignoring the letter long enough to find a new paddock. Move asap, or within next 3 weeks.

Everyone else has said it already, but you really need to move your horses. You can't just keep them indefinitely on someone else's land, and you have nothing to gain by letting it go to court.

In addition, as a horse owner, there is no way I would leave my animals somewhere they are potentially at risk. If you've pissed off the landowner, they are vulnerable to being tampered with, injured, field gate "accidentally" left open etc etc. You need to either take responsibility for your animals, or not own any.