Letting a cottage with an agricultural tie

downshifter

Ages ago I started a thread, since closed, relating to a friend who had converted a barn on his farm for an agricultural worker. It's here if anyone's interested: https://forums.moneysavingexpert.com/discussion/1691137. We received much helpful advice. Circumstances changed and in the end, my friend was able to let it to one of his herdsmen.

That farm worker has now given his notice and will be moving out next year. His replacement does not want the cottage so my friend is now back to square one with finding someone to occupy it and we are wondering if any of the ag tie conditions have become any more lenient in the last 5 years or so.

It's now a bit scruffy and the only access is through a gated farmyard, right next to the farmhouse so he and his wife with their young family are concerned about security and privacy if someone they don't know lives there, and they have given up the thought of using it as a holiday let for the same reasons - it would also need a lot of upgrading if used for holidays too.

They could (and know they should) advertise for a farmworker from another local farm to live there but are wary of this, because of their concerns about privacy and security. Understandably it seems that most farmworkers want to live near schools and shops, not in a scruffy cottage in the middle of nowhere where every time they come in or out (or their friends do) they would be noticed. Post and deliveries are also dropped at the farmhouse because of difficult access so they would all need to get on well living like this.

However, the boyfriend of a family member who lives nearby, is looking for accommodation so as to be closer to his lady love, and the cottage would be ideal for him. It will probably only be temporary for up to probably a year, while the couple look for somewhere together. There are obvious risks - the couple could fall out and the boyfriend could end up staying there forever. Who knows? And could he legally have a normal AST anyway? Or would a more informal arrangement be possible?

Even if the principal authority turns a blind eye, the parish council will find out as my friend owns a huge proportion of land in the parish. If someone were to report him for doing as suggested, what could happen?

Any advice on regs or even just general current practice would be gratefully received.

Many thanks - DS

poppasmurf_bewdley

If the farm is anywhere near Ambridge, Eddie and Clarrie Grundy are looking for a place. Sounds like it would be ideal for them.

downshifter

Hmm, I'm a bit out of touch with Ambridge life, but if Eddie's unchanged, I don't think my friend would want any of his dodgy mates having free range access to the farm.

martindow

poppasmurf_bewdley wrote: »

If the farm is anywhere near Ambridge, Eddie and Clarrie Grundy are looking for a place. Sounds like it would be ideal for them.

Panic over - they've got accommodation for 6 months, but may be interested when that's up.

lincroft1710

If your friend lets the cottage to a non ag person then the planning authority could insist that the tenant is evicted. Any AST may well be null and void.

[Deleted User]

I hope you don't mind me saying, but if rentals are so hard to find in the area, but your friend is finding it so hard to find a tenant.., is there something wrong with the property? It seems that there was a similiar problem in 2009? Your friend may have met planning regulations but has he created something agricultural workers want?

Is there something he could do to the property (like refurbishing it, rearranging rooms etc) to make the investment he's already made worthwhile. There must be a few agricultural workers in the area needing properties but something about this one must be putting them off. It just seems a waste. Is the rent he wants too expensive?

It would also seem to me that it might be worth approaching his planning department to see how difficult it would be to have a change of use application accepted or have the tie removed. We can't really advise on this (as rules in his area will be specific to the area to some degree), he's better off going to the horses mouth.

downshifter

Thank you especially deannatrois for your thoughtful response. Yes I actually agree, when he converted the barn he shoe-horned too many bedrooms in making it poky and not especially attractive, especially as the planning permission wouldn't allow any extra windows, so dark too. It was originally due to be used by one of my friends' workers who then decided it wasn't suitable for his family. Then luckily another took it on. The rent was lowered (came out of his pay) just so it would be used and he would be available at any hours of day or night in case of an emergency with the herd.

Now this guy is moving on so it's going to be available again. I think other than the pokyness, it's the location that's likely to put people off. The farmyard is the only access, it's gated, so you have to get out of your car to go through, then lock it again - not ideal. Then drive right past the front door of my friend's house where the kids, dogs might be playing. Then a mile or so up the hill. Really not great but could work if it's his farmworker (as they have to go through anyway to get to work) or alternatively someone my friend knows well. But any visitors of the tenant would have to go through the same way etc, so I'm not sure how that would work, the tenant might have to let my friend know each time s/he's expecting a visitor or something. Not good!

So yes, I have to agree, it's not the most attractive proposition though the property itself could be made to look nice. If there was only a way of changing access, that would help a lot. And yes, such a waste though.

I think for now he wants to stay off the planning department's radar until he's exhausted all other possibilities.

In fact, just chewing it over on here has given me an idea about access, involves a neighbours land but might just be do-able.

Thanks again.

Davesnave

It probably depends where it is.

There's an agriculturally-tied property close to me, rented by a family with no connection to agriculture whatever. This being the countryside, everyone knows who's been living there for 7 years, but the landlord's a local and nothing's said.

Many local authorities appear to have little interest in enforcing these ties nowadays, especially when so many are not being complied-with. There would be significant human resource and legal costs to consider. In these cash-strapped times, evictions would result in little of benefit to the tax payer.

If I were your friend, I'd just get on with renting it, regardless of possible discovery by the parish council. The worst that could happen is that they might discreetly ask for the tenancy to be terminated within the usual time frames. My bet is that they wouldn't, especially if yours is an area where the district council would now prefer not to know about breaches.

Annisele

If I wa going to let such a property (in breach of the planning conditions), I'd be nervous about letting to the boyfriend of a relative.

If boyfriend and relative were at the stage of wanting to live together, I might think differently. But here, I'd worry that if boyfriend ever becomes ex-boyfriend, telling the council would be a ready-made way to hurt his girlfriend's family.