Renting a field, what rights do I have in this situation?

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Hi, have just had a text to say that someone was in the field that I rent for my horses with a torch. Have discovered that it was a man who works for the person I rent it from, and he was lamping rabbits with his dog. Am not happy about this obviously.

Have googled and it seems it is not illegal as long as he has the landowner's permission, but I can't find anything about whether I have the right as a tenant to stop it. What is the position if the horses get panicked and one is injured, does the landowner have a duty of care if he is renting us the field, and would he be liable?

Any information from anyone 'in the know' would be greatly appreciated. I'm fuming as we pay a lot of money and surely the least we can expect is that our horses are left in peace.

I don't know the legal position, but I'd have thought the landlord should be allowing you to use the fields for their intended purpose without disturbance. What have they had to say about it? Have you told them you will be sending them any vets bills that result from horses panicked by the lamping?

You need a proper tenancy in place, either a Farm Business Tenancy which sets out clearly the tenant's rights and responsibilities and the landlord's right's and responsibilities, rent payable, notice period etc etc. Or at the very least a Grazing Licence. If you are simply paying money to the landlord without any form of legal contract then I have a feeling he can do what he likes with his own land.

I would contact him asap and get a formal tenancy of some kind in place. If he refuses, start looking for alternative accommodation before there's a serious accident.

Hi, thanks for suggestions. The woman who rents the next door field has contacted the landowner and told him we are not happy. He claims he knew nothing about it so hopefully that will be the end of it.

The land is divided into separate fields which are rented individually. Most of the others have contracts but I was there before them and he seems to have forgotten that I never had one. Tbh I've not been that bothered as I can prove I've paid him in advance (plus deposit) and have the right to be there, so I've kept quiet. So really, whether I have a contract or not, there are people that do have so he must still have to abide by some sort of tenancy laws I'd have thought.

Anyway, as I say, initial panic over. It is rather worrying to be told late at night that there is someone in with your horses with a torch as anything could be happening and of course the person who texted me was livid too!

Thanks again.

I'd be more concerned about a gun - when you say 'lamping' that always means shooting where I live, and using a dog to retrieve.

Do you think? There are houses on two sides so I would have thought someone would have mentioned if there was a gun. It's pretty quiet round there, they would probably have heard it at that time of night. I will have to check.

Lamping does indeed mean shooting. Usually a moderated small calibre rifle or air rifle for bunnies. It will be very quiet, but still audible. Ask people in the nearby houses.

Land carries with it 'sporting right's' which can be rented, leased, bought etc separate to the land itself. Rabbits are sometimes but not always excluded from this as they are vermin. It gets complex and there maybe a trail of paperwork to follow. Once you involve tennant farmers (who are often not transferred sporting rights) it can become a bloody nightmare. It is entirely possible he was there legally and you may have no rights to stop it, even with a tenancy agreement in place as it may not even be in the power of the person you rent from!

However. (And it's a bloody big however)

Shooting around livestock and especially horses is not the done thing without express permission. Even more so when the livestock are not the landowners. Discharging a firearm in such circumstances could be considered negligent (but not necessarily definately so, but could be - Lots of factors to consider). I would raise merry hell anyway.

Sensible landowners will only let insured people shoot on their land. If there was an incident you would potentially be able to claim against the shooters insurance. Of course if they arent insured I'm not sure what happens. If the person was being paid by the landowner liability may fall to the landowners. In all other circumstances I think it would be the shooter you would have to persue.

BASC have a decent legal team, they maybe able to advise in more detail if you are a member? (Or join, it's not expensive)

Yes lamping is shooting unfortunately. You are right to be concerned about this, the hunter could injure your horses or they could injure him.

However a lot of people lie about having permission. I once approached two men hunting on my land and asked them if they had permission from the landowner and they said they did...I was the bloody landowner and had never met them before in my life.