Planning and possession

[moatmeister]

My ltd company rents a large shed on a local farm for storage which historically but unofficially has been divided into various inside and outside units by the original farm tenant. The local estate that owns the farm has revoked the tenancy from the farmer and applied for retrospective change of use for the buildings from (Agricultural) to General Industrial (Class B2) and Storage (Class B8) uses in order to formalise the use of the site. This was not granted and the estate requires me to vacate the premises and move out. I was verbally asked to vacate by 31st August, however as yet I have not found any suitable alternative premises. Clause 20 of the lease says "the landlord is entitled to re-enter the property and forfeit this lease immediately if:"...... Today I have received a letter saying that due to clause 20.2 of the lease, which says "the tenant is in breach of any of its obligations in this lease", the lease is now forfeit with immediate effect.

They have given me until 30th September to vacate, and threatened to "remove all items on your behalf on the next working day after 30/09 and recover our costs in doing so from you" if this is not complied with.

I'm not averse to moving out but cant realistically do so by 30/09. Also most of the contents stored in the shed are agricultural tractors and machinery so does that not fall within the original agricultural planning catagory?

The background to all this is that the Estate are trying to push through two large and controversial applications and do not want to fall foul of the planning office.

[islandgirl]

Under a farm business tenancy the estate would have to give the farmer a year's notice (if that is the kind of tenancy it is). How long have you had your notice?

[moatmeister]

One week in writing, from today until 30/09/22. I dont think I have one of those.

[islandgirl]

Sorry Moatmeister I meant that if the farmer has the place under an FBT he will have to be given a year's notice (usually) so there should be no rush to get you off there.Having reread your post however it looks like the estate are now back in posession rather than the original farmer. What does your lease say about notice?

[atticus]

Are you in breach of any of the lease covenants? Consider consulting a solicitor about applying for relief from forfeiture.

[islandgirl]

big question - was it a "proper" lease? Or a licence for example?

[moatmeister]

Atticus - Thanks i will read up about that.

IG = I'm no lawyer but I believe its a proper lease. Ive had it since July 20. Their standard one for their commercial properties but I had to pay £150 to have them draw it up and then go and get it witnessed or something at a local solicitors. And the business with the original tenant farmer was probably at least three years ago now.

[islandgirl]

Ok thank you. Then the protections of a proper lease should apply as Atticus says.

[moatmeister]

Thanks for that.
Should a Section146 notice clearly state that it is a Section146 notice?? ie worded along the lines of "We give you notice under section 146 of the 1925 property act that....etc etc?

The letter says nothing like that, just a normal correctly composed business letter that refers to the fact that the lease is now forfeit with immediate effect in accordance with clause 20.2 of that lease. And clause 20.2 says" "the tenant is in breach of any of its obligations in this lease" which I presume refers to the fact that I have not complied with their verbal request to vacate by 31st August.

The rent is up to date and I cant see that there should be any other issues. Apart from the fact that they are now in breach of the planning law by not having the correct permissions to rent the site, and therefore need vacant possession. I was aware of this possibility when I took on the lease but was told it was a foregone conclusion that it would be granted, which to be fair it should have been, and has been on most of the rest of the site, just not the open yard which was used for another business involving lots of heavy truck movements which the local residents fought and objected to strongly, and my shed, which causes no offence to anyone. I feel I have been caught up in the crossfire as a result of this.

[dslippy]

A s146 notice to be effective must also state (from memory) what is required to cure the stated default. A general assertion of a breach of the lease is not enough.

[islandgirl]

The thing about the breach of planning is that nothing happens quickly. If the council decide to enforce the issue a process is followed which takes a long time in my experience - certainly in my area it has to go before planning committee and those are usually only held once a month. It also goes through a process before getting there. To be reasonable the Estate could easily contact planning and say that the are aware of the breach and will rectify it by (say) November. Alternatively if they do nothing the council may not bother enforcing. I know of a site which has been in breach for several years with no enforcement. The issue here is with the Estate and their unreasonableness not the council. Alternatively they could submit another planning application just for your shed which would (probably, I am not an expert) stay any enforcement.

[atticus]

The planning thing is the landlord's problem. Yours is the purported forfeiture of the lease. Either apply to the court for relief from or walk away.

[moatmeister]

Atticus - Thanks. My ultimate aim is to walk away without getting into a big legal battle. But I could do with trying to buy a bit more time to sort stuff properly. I will be speaking to them today.