Agricultural Condition?

[Evee2000]

Hi

I have a tenant who stopped paying rent about 3 months ago. Section 21 issued, accelerated possession initiated. The 14 day appeal period has past with no appeal received. Currently waiting on an eviction date from the court.

Normal 6 monthly AST in place (now periodic). I have just received a letter from the tenant (after no contact since August) which states that she will be vacating the premises on 26th Nov. That the tenancy falls under the Agricultural condition set out in Section 3 of the Housing Act 1988! The letter is also dated 26/9/05, but postmark shows it as being posted on 23/10/05. She has also stated that she is leaving a load of furniture and has detailed each item specifically. It is obvious that she has been coached in the wording of most of the letter. I'm aware that there is some sort of dodge going on, but I can't quite fathom out what it is.

I have sent a special delivery letter to her today stating that the court will decide this week on her eviction date. Reitterating that she has a normal AST - NOT an Agricultural one and telling her that we will add the cost of removing her furniture to the outstanding debt (currently £1300).

She does have a partner, who has not signed the AST, as she was a lone tenant at the time of moving in. He is working.

Does anyone have any idea whats going on with this one?

Cheers

[susan 2]

Hi - This sounds weird. I think this is one case where you really need advice from a solicitor who specialises in property law. Try www.landlordlaw.co.uk. I have used her myself, and she gives excellent advice. Also you could contact your local tenancy relations officer in the council. They are usually solicitors as well and their advice is free. Best wishes susan

[Evee2000]

Hi

Thanks for this reply. I'm actually a member of landlordlaw and they were my first port of call. I couldn't find anything relating to Agricultural tenancies (however the search facility isn't that great). Hadn't thought of the council for advice - will ring them today.

[P.Pilcher]

Please keep us updated with your progress on this one.

P.P.

[Evee2000]

Will do :)

[johnjw]

I think that agricultural tenancies apply to farms (buildings and land), or land alone, or possibly a tied house for an agricultural worker. You would certainly know if your house falls into any of these categories.
It sounds like a particularly crazy last-ditch defence.

[rob.jarvis]

From my brief reading of that section of the Act, an assured agricultural occupancy requires an assured tenancy and not an assured shorthold tenancy.
They're bluffing.

[Evee2000]

Hi

Yes that's my interpretation also. One thing that did cross my mind (but I may be reading into things too much) is that the partner does work. I'm now wondering if he works on a farm somewhere and they are presuming that because of this, the tenancy should be agricultural. Incidentally, he did not sign the AST. Given the lies and abuse they have rained on me over the last couple of months it wouldn't surprise me if they have doctored their copy of the AST and it now has his signature on it (of course I also have an original). Why else would a solicitor advise them to put this on the letter (I'm guessing they've had help from a solicitor, as they are not exactly brain of Britain, and the wording was very specific).

[MrShed]

I suspect more that they have had help from CAB, not a solicitor. And to be honest, CAB do not really have a clue what they are talking about, hence probably why they have told them to put this down!

[RichieP]

This made me think and do a bit of research. Everything I could find relating to Agricultural Tenancies is just that. It is for a farm worker or on agricultural land. If neither of these conditions apply then I don't think there's any reason to be concerned.

[Evee2000]

Thanks to all those who have replied. I think they're just trying it on, I'm not that worried to be honest, and I think the sooner we gain possession the better.