[janeymx]

Hi all,

We are moving into our new house on Friday   
Very excited!
There was a verbal agreement with a local farmer with the previous owners that he could use the fields to graze his sheep for 40 pounds a month.  The sheep have been removed from the land prior to us moving in - and we have been advised that we should have a written agreement when we talk to the farmer - rather than verbal.

I have a feeling that this won't go down very well with local farmer - but wondered if anyone had a template of an agreement they use that isn't too complex or over legalistic?!  Any experience of reactions to requests for signatures - where previously verbal agreements have been sufficient?!

Any advise welcome.  We don't want to come across as if we don't trust him to keep his word (especially as we will be new to the area) - but also don't want to lose our fields down the line!!  I have heard the agreements should be renewed annually and that they should not be for a full year....?!

Would like to get something drafted in case he meets us with his flock on the day we move in!!


Many thanks in advance

Janeymx

[Roxy]

Mmm....farmers not too keep on written agreements, and some can get in a huff, if you think they are not to be trusted. But, an old lady near us, rented her land out, no written agreement as far as I know. She died, and they could not get the man off, so had to sell the house with the land tenanted.  Think new owner got him off somehow though.

Some of the land here was rented out for cows before we came.  The farmer approached us and asked if he could still have summer grazing.  We have done this, and all is well.  Nothiing written down, but he had the land every sumer from 1st May until 31st October for a set price, not monthly.  That is only a seasonal let, and there is no way he could become a tenant.  I know with horses, the owner is supposed to take them off the land for one day a year, so as not to become a tenant, but don't think that happens nowadays.

I think if you don't know the person, its sensible to have it in writing, so you both know where you stand.  Does the farmer rent full time then, not just for the summer?  Personally, I would prefer the summer rental as we did, then the land is given time to rest. Unless the farmer does take his stock off and rest it, but probably not if he is paying even if not there.

[Fergie]

Around here most of the seasonal lets (10 months per year) are handled by the local auctioneers (Lanark Market).  This ensures that nobody can claim tenants rights for the land.  Symington & Lawrie handle everything & charge a commission which is built into the cost.

John

[Fleecewife]

Sounds as if you are the ones doing him the favour not the other way round, so you stipulate the rules, and the rent.  Round here people are competing to rent fields.  You do need a formal agreement, which should also include who does maintenance such as fencing, topping, thistle removal (and how) and manuring/fertilisation - think if your want your land to be managed organically or using chemicals, before the neighbour gets back onto it.  When we moved here there was a similar agreement in place but as we wanted full use of the land it ended when the previous owner moved out. As Fergie says, use a land agent.

[janeymx]

Thanks very much for the advice. Much appreciated.

Hopefully the farmer will be okay with it being written - and we'll hold off letting him on the land until we have something that works out for us both

Thanks again

J

[janeymx]

Actually - just a couple more queries if I may:

We ran into an issue when considering a different mortgage lender (for a different property) that if we had stock on the land that wasn't ours, we would need a commercial mortgage rather than residential.  We have a residential mortgage on the place that we are moving to.  Would land agents refer to the mortgage when drawing up a contract and if so, could we be required to change our mortgage product?!?

Am I right in thinking that the farmer would have the smallholding number for the sheep on our land.  Currently the property isn't registered - but we will look to get some chickens soon (do we need a number for them?!)

Thanks in advance.   Am sure I will be posting lots and reading lots of your advice in the months to come once we have moved in - as we are sparkling new (but enthusiastic!!)

J

[plumseverywhere]

as far as I know you don't need a number for chickens but you do if someone is grazing sheep or other livestock on your land. when we let a local farmer graze his sheep here he used our CPH number on the movement form.

[janeymx]

Gosh, thanks for that!  Best get onto sorting out a number tomorrow then!   We are in our new place now and it is lovely! Think there will be quite a bit to keep us busy!! 

Think the farmer may come up on Tuesday - so will break it to him that we need to get a CPH number first and then get a written agreement drawn up (fingers crossed he is okay as it was all done informally before - presumably using his number with verbal agreement!)

Thanks for all your help

J

[Sharondp]

You only need a number for chickens if you plan to have more than 50. The holding number (CPH) belongs to the property not the person, although if the farmer is very local, he can use his his number but needs to add the field to his holding papers (I think!).