tied housing on scottish farms

loops2

my partner has worked on the same farm for over 40 and lived on the farm for over 30. I moved in20years ago. he has now been made redundant....what right do we have to stay in our home? the house is not needed for another of his employees and it is not being sold. what rights do we have?

[Deleted User]

I hope this helps, I'm sure if you google something like 'tied cottage rights', you will find more.  It is not from Shelter.(Scotland).

https://england.shelter.org.uk/housing_advice/private_renting/farm_workers_living_in_tied_accommodation#:~:text=You%20have%20many%20of%20the,you%20with%20suitable%20alternative%20accommodation.

loops2

thank you deannatrois. I have tried various ways to google it and gotten very different things. I think things are different it scotland to how they are in Scotland, :-/ and even seem to give different advice between shelter and scotgov site, all very confusing, so was hoping there might be a legal eagle on here that might know 

AdrianC

Shelter Scotland's page on tied accommodation...
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/tied_accommodation

(First google result for "scotland tied accommodation", btw)

Short version is that it depends slightly, but...

• yes - the accommodation is tied to the employment
• no - it doesn't matter what their plans are for the next use/occupant
• no - they can't just kick you out
• yes - they can ask a court to grant them possession. But, of course, not currently...

comeandgo

From experience.  Parents were asked to leave on weekend after last working day, could not as nowhere to go, they wanted a council house, fed up of tied houses.  They stayed in house, no one was going to be moving in.  Farmer went to court, eviction notice issued, went to council again and lovely house was given.  This of course is in rural Scotland where council houses are not in great demand, not Glasgow or Edinburgh.  No rent was asked for or given during this time.  

theartfullodger

'phone Shelter Scotland free helpline on 0808 800 4444 - these are the experts and Scottish agricultural tenancies are a very specialist area.

Maybe a bit of a wait from this excellent but overworked charity.  

davidmcn

AdrianC said:

Shelter Scotland's page on tied accommodation...
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/tied_accommodation

More specific page on agricultural workers here:
https://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_agricultural_occupiers
As they say, agricultural tenancies in general are a fairly specialist and tricksy area of law, so best to get proper advice (assuming the landlord actually wants them out - the OP hasn't said that's been suggested yet).

AdrianC

davidmcn said:

AdrianC said:

Shelter Scotland's page on tied accommodation...
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/tied_accommodation

More specific page on agricultural workers here:
https://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_agricultural_occupiers
As they say, agricultural tenancies in general are a fairly specialist and tricksy area of law, so best to get proper advice (assuming the landlord actually wants them out - the OP hasn't said that's been suggested yet).

The short version is the same, though...

AdrianC said:

Short version is that it depends slightly, but...

• yes - the accommodation is tied to the employment
• no - it doesn't matter what their plans are for the next use/occupant
• no - they can't just kick you out
• yes - they can ask a court to grant them possession. But, of course, not currently...

greatcrested

comeandgo said:

From experience.  Parents were asked to leave ........  No rent was asked for or given during this time.  

A good point. If you and partner now are asked for or pay rent, a normal tenancy would be created I assume. Offering to pay rent might be a way forward.