Protection for Agricultural tenancy?

Dillpickle

We have lived in 'our' house for 14 years, for 7 years as tied occupants, & the last 7 as tenants (of hostile landlords). We have been led to believe (legal advice and CAB) that we have pretty strong legal protection, but have just been served a notice telling us our landlords have applied for planning permission to demolish our house and build 4 new ones on the site. The notice has a little note at the bottom telling us that the granting of planning permission may affect our right of tenure.
I have rung everyone I can find from the LA & the architect/developer to 3 Government depts, and no one has been able to tell me what this might mean for our chances of being evicted. Can anyone advise me? Many thanks
Dillpickle

Fire_Fox

Welcome! IMO it's worth contacting Shelter, CAB are all rounders rather than specialists.

propertyman

The original tenancy wuld have been a regualted tenancy and unless it included substantial land for agricultural would have been protected by the Rent Act 1977.

You say that that changed 7 years ago- what form of tenancy do you now have? That is now protected under separate legistlation.

Why was there a change as there are transitional arrangements which protected and prevented such changes.

John_Pierpoint

There has got to be a difference between a tied house and a rented house.

Presumably you used to be an employee of "the farm"?
What do you do now?
Why do they want you out?
Why does their development plan make more sense than your occupation of that particular dwelling.
Was there an attempt to get rid of you 7 years ago? Why did that fail?
Do you have the support of any organisation (ie union) that might finance your legal costs?

tbs624

John_Pierpoint wrote: »

Why do they want you out?
Why does their development plan make more sense than your occupation of that particular dwelling.

Legalities apart, the answer to J-P's two questions above looks pretty self evident.

Note what the OP said

just been served a notice telling us our landlords have applied for planning permission to demolish our house and build 4 new ones on the site.

John_Pierpoint wrote: »

You need to talk to a firm of solicitors with agricultural experience.

Absolutely right and the best way to find one is to contact the local Law Society.

OP, as you say that your tenancy status changed 7 years ago can you give a bit more information? Did you sign a new tenancy agreement at that time/have you done so since then?

John_Pierpoint

Why do they want you out?
Why does their development plan make more sense than your occupation of that particular dwelling.

tbs624 wrote: »

Legalities apart, the answer to J-P's two questions above looks pretty self evident.

It is a little more subtle than this when it comes to farm land and tenant farmers.
Remember it is the land not its owner that gets the planning permission.
Planning permission is given "in the national interest" and unless it is accompanied by compulsory purchase, it often makes the land owner feel he has won the lottery, so no problem getting agreement there.
If it is accompanied by compulsory purchase expect the NFU to haggle on behalf of its member, using the best legal advice [How about 20 years loss of profits - a bit of a downer if the old tax return has been a bit on the low side]

However when it comes to farmers with a tenancy - which might legally date back three generations - the tenant can be faced with something akin to a compulsory purchase order.

It is not in the public interest to have a tenant holding up much needed development in exchange for farming a public subsidy of between £50 - £100 an acre.

Hence my question about the legal status of the OP and his tenancy agreement.

We do have "due process" - this is not China.

There are no problems only opportunities.