Author Topic: HELP needed asap (Read 3704 times)

claire 2010 · « **on:** July 19, 2014, 10:17:16 pm »

Hi not sure if wrote in correct place ,I really need some advice if anyone can help, The owner of the land where I keep my goats has agreed a price and is selling land ,and informed me today that fhe new owner wants me to move the goats .I have a defra holding number which owner said she wants from me, I thought this a strange request :/Do I have any rights on land due to holding number ? Any info would be great as I am very worried about the situation ,I also have 3 horses & chickens on land and been on land for nearly 3 years .TIA for any help anyone can give and I'm sorry if posted on wrong page

Calvadnack · « **Reply #1 on:** July 20, 2014, 08:09:03 pm »

I'm no expert on this, but the reason for them asking for your CPH might be if you are claiming the single farm payments. The CPH is associated with the farm OR the business, so they shouldn't need it, ask why they want it. Your tenancy rights will be dependent on your contract rather than to do with your CPH status. So sorry that your landlord had sold, it must be very difficult time.

Backinwellies · « **Reply #2 on:** July 20, 2014, 08:36:47 pm »

The holding number is yours...but doesn't give you any rights as far as I'm aware. if they need one they have to apply for their own.

What tenancy agreement do you have? You presumably have a length of tenancy and hence a notice period?

Hope you are able to find somewhere else quickly.

Lesley Silvester · « **Reply #3 on:** July 20, 2014, 09:29:25 pm »

Sorry you are having this stress. I hope you find somewhere else quickly.

Roxy · « **Reply #4 on:** July 21, 2014, 12:37:40 am »

So sorry you are going through this. The CPH number does not give you any rights to stay on the land, and that number is yours, whether you rent or own the land. Has the landlord given you adequate notice - you obviously cannot move livestock without somewhere to go. Good luck.

Where abouts are you - if you can give your location, someone on here may be able to help with land to rent.

fiestyredhead331 · « **Reply #5 on:** July 21, 2014, 01:20:52 am »

up here in Scotland the CPH number doesn't belong to you as an individual, its is allocated to your area of land. My father had his sheep registered at the croft where I live now and when he moved along the roads he continued to use the same CPH number.....until I brought in my own sheep and needed my own CPH number. After much discussion with Dept of Rural Affairs in Scotland we were told that Dad should have changed his CPH when he moved to the one allocated to the ground he's on now and we took over his old number. All very confusing, especially for Dad.

good luck trying to sort it out anyway

mariegold · « **Reply #6 on:** July 21, 2014, 01:39:34 pm »

Hi Claire,

I could be wrong about this, but as far as I understand it you cannot be moved off a piece of land if you have been grazing it continually for a year (must be 365 days or more). Most grazing contracts seem to have a break in the winter to prevent people claiming 'tenant' rights. Might be worth investigating and presenting to the owner in the hope that they will give you some notice! How stressful for you! Hope you can find somewhere suitable soon

Carolswoolies · « **Reply #7 on:** July 22, 2014, 09:57:48 pm »

Had a similar problem and was given the advise below.
If you are south of the border i hope the same applies. Citizens Advise could perhaps help you.

I wish you all the best.
Carol.

The Agricultural Holdings (Scotland) Act 1991 provides protection to the tenants of agricultural holdings. An agricultural holding means the aggregate of the agricultural land comprised in a lease. “Agricultural land” means land used for agriculture for the purposes of a trade or business, as yours is. Such a lease can only be brought to an end by notice to quit of not less than one year nor more than two years before it is due to expire. The tenant who receives such a notice is entitled to give counter notice requiring that the notice to quit is not to take effect without the consent of the Scottish Land Court.
Given that your lease continues from year to year by what is known technically as “tacit relocation” it is not necessary for you to sign a lease.

Roxy · « **Reply #8 on:** July 23, 2014, 03:41:04 pm »

I rent 3.5 acres adjacent to my own land. I have an agreement, pay monthly rent, and among rules and regulations not to erect buildings, it does say if the owner wants the land back for herself she has to give me one months notice. I have been on there continually for 2 years now, and am surprised she did not have a clause saying I had to vacate the land for at least a day, so as not to gain full tenancy.

Quite a few people I know have to move their livestock off in winter, and some just for a couple of weeks.

To be honest, I think the owner was surprised to find goats and sheep on the land, and had assumed it was for horses. But it just states use by livestock in the agreement.