Agricultural Occupancy Condition

Davesnave

Or they can be just plain wrong!

I can't imagine any reasonable person arguing that non-compliant occupancy had lapsed because the tenant took a holiday, or just went to stay with a relative for a couple of days.

planning_officer

905 wrote: »

After an initial consultation with a solicitor, we were informed that a holiday – even a single day away – could constitute a suitable lapse in occupancy so as to restart the 10 year clock. Any thoughts?

Sadly that's not the case - there has to be a proper break, i.e. the residential use by a non-agricultural worker should cease. That means moving out and living elsewhere - it can only be for a few weeks, but that's necessary to show a true break in the occupation of the dwelling, which is necessary to "restart" the ten year period.


Besides, even if you did that, surely the landlord would just find someone else to live there, who also didn't comply with the ag-tie, thereby keeping the "breach" going.


Whilst Martin Goodall is not always right (although he generally gives good advice), unfortunately your solicitor seems to have it rather wrong!

JamesBG

Hi, I am a heating engineer and my wife is a horticulture student, we have a smallholding with two goats and a few chickens, we also have a small (1 bell tent) glamping setup. Do you think we would be able to get a property with an agricultural tie?

Thanks

James

Davesnave

JamesBG wrote: »

Hi, I am a heating engineer and my wife is a horticulture student, we have a smallholding with two goats and a few chickens, we also have a small (1 bell tent) glamping setup. Do you think we would be able to get a property with an agricultural tie?

Thanks

James

What you describe does not qualify you to live in an agriculturally tied property. Being a horticultural student is not the same as being 'employed in horticulture/agriculture,' since it's not employment.

Another question surrounds whether you would need a mortgage. Not many lenders would be interested in tied housing, and any that are would be likely to charge punitive interest rates. That's why the prices of such properties tend to be attractive.

lincroft1710

JamesBG wrote: »

Hi, I am a heating engineer and my wife is a horticulture student, we have a smallholding with two goats and a few chickens, we also have a small (1 bell tent) glamping setup. Do you think we would be able to get a property with an agricultural tie?

Thanks

James

If you already have a smallholding, why would you want a property with an agricultural tie?

JamesBG

Thanks Davesnave, lincroft the reason for the move is more land, and the property is closer to family

sam_adcock

Hello, could I ask for some advice please- we recently purchased a property and was told it has a agricultural restriction on it, we have now had the deeds come through one for the property and one for the land, neither have anything stating the restriction? Does this mean there is no restriction? TIA

Davesnave

sam_adcock wrote: »

Hello, could I ask for some advice please- we recently purchased a property and was told it has a agricultural restriction on it, we have now had the deeds come through one for the property and one for the land, neither have anything stating the restriction? Does this mean there is no restriction? TIA

The title documents may well not mention the condition, which would have been attached to the property itself in the original planning permission. The tie allowed a new build in a place where planning might normally be refused. This is what you must find if you want to see it. Your council will have a copy if it's not available on-line.

It may be that any land with the property is exempt from the tie, especially if was added later. My land is like that. It did not need permission to be agricultural land, because that's what it was, and it only became part of this property 15 years or so after the erection of the house.

Hope that clarifies this for you.

lincroft1710

Many years ago I was in conversation with a couple who maintained their home had an Ag restriction. They were farmers/smallholders. I checked with the council planners, who looked up the pp for the house. The planners confirmed that the house did NOT have an Ag restriction.

So check with the local planning dept.

forestlands

Have to leave my present home, landlady wants to sell, been here 18 years. Had hoped to stay another 2 years while downsizing.



Received an eviction notice in July, gave me 3 months to leave - ridiculous, not going to make it! I was sure I was entitled to at least 1 year, as the property has AOC! My husband and I signed an assured shorthold tenancy agreement, we both had agricultural related businesses. I was surprised at the wording on the tenancy agreement, no animals and no businesses! The landlady went through the AOC, I met all the requirements, the agreement was signed at her solicitors. My husband and I divorced 3 years later and I took over the sole tenancy.



I has been hard work, enjoyable and rewarding, in the beautiful Suffolk countryside! I had around 180 sheep and 20 pedigree dairy goats, plus poultry, when I first moved in! For a few years I made use of the traditional style piggery for breeding and rearing pigs. Sold meat to local pubs and restaurants, catering cuts, eggs went to Harrods. Wool was traditionally spun in 2 and 4ply, good sheep and goat skins are tanned.


Today I have 29 pedigree sheep, 11 pedigree dairy goats and an assortment of traditional poultry. My son comes over to help from time to time, we rear poultry for the Christmas market. There is to much to sort out to be expected to move in 3 months I'm 60 +++! Grew up to the way of life, started young, so the work and organizing doesn't come too hard!



I need to ensure I get 1 year, or more, notice. Working on my own it's impossible to move in 3 months, I'm loosing money and feel harassed! Any suggestions, preferably not negative ones thank you!:)


Apologies for any errors got distracted! Fox about, dog came in! lol