Please please can someone give me some advice - no idea what to do!

[pigfarmer12]

So Im 18, hello! Im a pig farmer and I rent the ground the stock is on on a grazing license. I had to pay out nearly 5K for fencing which Ive half paid as the landowner wasn't happy when they broke through the electrics. The fencing was put in by someone the landowner wanted me to use. Its really shoddy work and the pigs are getting out still. Farm manager came in and bashed the posts in by another 6 inches and thats solved the gap issue but fence goes through tree stumps which I cant electrocute round, gates on the wrong way, huge bits unstapled etc. Plus fencer left so much rubbish behind Ive gots a vets bill for a sow who ended up with fencing in her udder and a tyre blew out on my car from two staples it had picked up. That was scary! The landowner is now trying to bully me into paying and is refusing to help me with anything unless I pay the fencer, thats fine but they literally scream in my face at me and threaten me with 7 days notice if I dont do what they want.

Its not the first time. My Quad broke and I left it for the mechanic to pick up only to find the landowner had dumped a load of wood chip in front and he couldnt get it out. Then landowner picks quad up and puts it in a shipping container. I'd left my bush cutter in there so landowners volunteers could use it. Shipping container gets moved next to the road and is broken into and I lose everything. Insurarnbce wouldnt pay as shipping container was moved and they just shrug off any accountability. Im screamed at and threatened with notice if I dont what they want me to. I have to put up with people walked through the pigs. Driving me nuts. So if I pay this Im down 4k for the quad and the bush cutter and another 4k on fencing.

Ive told the fencer when he fixes it he'll get paid. He says he's done what I asked and has nothing to do.

Do I pay up to keep the peace, which really isn't peace at all, or do I not?? Can the law help me?

[echat11]

Hi PIGFARMER12

islandgirl Can you please take a look and advise, many thanks.

[islandgirl]

Those who have a grazing licence have I believe few rights, This is not a tenancy, The relationship you have with the landowner seems toxic, Do you have other links to this person - are you related in some way? Clearly this cannot go on, Hopefully you will get further advice but I would not spend any more money at this stage.

[pigfarmer12]

Grazing Licenses become FBT if the landowner allows land husbandry like fencing to go on. I don't know the ins and outs of it. Whether Im there or not Im still going to owe the money to the fencer. So really my question was about goods and services and what rights I have?

[islandgirl]

Yes you are right pigfarmer. This is the position - the grazing licence does not automatically become an FBT if you put fencing up - this is a complex area of law, Read this from a legal site.

Whether or not a grazing licence evolves into a FBT depends on the circumstances of the case. Where a grazing licence expires and the grazier does not leave, then the grazier will, then be a trespasser unless he or she can establish any ongoing right to remain on the land. If a trespasser refuses to vacate the land then it might be necessary to bring possession proceedings against them, to instruct enforcement agents to secure the site and/or seek an injunction to prevent re-entry on the land.

If, following the expiry of a grazing licence a grazier continues to occupy land with permission then there is a risk that further rights to occupy may be created based on the parties’ actions. It may be that a further licence has been granted (informally) for a period of time. If, however, the grazier continues to occupy with exclusive possession and “rent” is being paid, then there is a possibility that the licence will morph into a FBT. Other factors, such as if the grazier undertakes husbandry works to the land, may also point towards a FBT as opposed to a grazing licence.

So it may be or it may not be.

I am not a lawyer and this is not professional advice given from any particular font of knowledge (other than being married to a farmer) but this is what I personally would do = as usual first and foremost get legal advice from a specialist is the first bit of advice (NB must be a specialist agri solicitor as a high street lawyer will not have the expertise), Next I would say as follows

You are not going to win with such a toxic relationship - the best thing you could do is move somewhere else though I know land is not easy to find, In your position I would WRITE to the fencing contractor - a letter, sent with free proof of posting normal mail from 2 different post offices, Detail in the letter a list of the full remedial works you wish to be undertaken BEFORE you pay the difference, Say you will not pay unless this is done, Give him 21 days to rectify or you will employ a new contractor to do the remedial works, Then wait 21 days, If he does not fix it get someone else to do so and pay them, Take numerous pictures of the poor workmanship you need fixing and keep full notes of when stock got out etc and of course the vets bills,

You have a right to have the work done to a professional standard,

That is what I would do re the fencing contractor but that does not solve the issues with the landowner, Perhaps send him a copy of the letter and say that is your position, I understand that he may then give you 7 days notice (though this is probably a bluff he may do so). My view is that you do not have an FBT but you could choose at that point to go and see a specialist agricultural solicitor and ask their advice because a lot depends on the length and terms of the grazing licence and they will be able to advise,

Final thing - are you a member of the Tenant Farmers Association? If so you can usually get some free legal advice,

One thing is for sure - you cannot carry on with this toxic relationship, Good luck and let us know what you do please

[islandgirl]

Plus husband says you need reasonable notice if the Landowner does try to move you - a licence is usually for a fixed term and if it is not coming to an end it is not necessarily the case that you can be given notice, Perhaps it is nearing its end, Whatever the case 7 days is not reasonable - a couple of months may be

[pigfarmer12]

Ive paid half today and sent an email saying why Ive paid half. Ive sent the same email to the landowner also and explained Ive felt backed into a corner and that that isn't right either. Ive also started looking for new ground but being 18 its hard to get anyone to rent to me. Ive never wanted to do anything else but farm pigs. So its a bit make or break for me.

[echat11]

Ive paid half today and sent an email saying why Ive paid half. Ive sent the same email to the landowner also and explained Ive felt backed into a corner and that that isn't right either. Ive also started looking for new ground but being 18 its hard to get anyone to rent to me. Ive never wanted to do anything else but farm pigs. So its a bit make or break for me.

You would think that some farms that are struggling locally who be grateful for some extra income, send them all an email, 'nothing ventured, nothing gained'.

[islandgirl]

Ok so you have taken some action which is great. However my strongest possible advice is to ensure that you list the jobs which still need to be done and photograph the state of the work. Send that list to the contractor and do not pay another penny till they are done.