Rent arrears

Jcb1968

Hi all,
Can anyone advise on rent arrears of 2 years?
Basically, i inherited the farm from my father 5 years ago, the sitting tenant was always 1 year behind the annual rent, which my understanding falls due in November each year. He has totally run the land into the ground, last year being a wet year, i asked him in september to take off some of his cattle to rest the ground-he refused quoting NOvember terms.
So i waited until the 1st of November 2012, called up to his house and asked for the rent, 2years behind again at this stage, thinking that i might at least get 1 years payment, he said he hasn't any money, so i told him not to come back next year (this year) a week later he called me up and begged me to let him on the land again, but still didn't have any payment, and said that he would try to make some payment in the future. I refused to let him back.
I called with him since, last Saturday, and he has implied that he wouldn'T be paying!
Where legally do i stand, as this being a verbal agreement? And the lease was never formalised with myself, when the land was passed down?
This is in Co. Derry

delaval

Walk away you will not get your money. Look for another client immediately he is a smart ass. Do not worry about spf he cannot apply if he doesn't have land rented and if he does it's fraud.

mf240

Legally you don't have anything as its his word against yours.

He may well be in a bad way for grass at the moment and if you agreed to let him in for this year if you get the money you are owed and a written agreement to pay this years rent at a later date.

delaval

mf240 wrote: »

Legally you don't have anything as its his word against yours.

He may well be in a bad way for grass at the moment and if you agreed to let him in for this year if you get the money you are owed and a written agreement to pay this years rent at a later date.

Mf this guy sounds like a messer out to bully this guy. He will always have to fight for his money, does he need this hardship?
Only one way to treat a bully...........

TEAT SQUEEZER

might be a way to call in what he`s owed all the same...

mf240

delaval wrote: »

Mf this guy sounds like a messer out to bully this guy. He will always have to fight for his money, does he need this hardship?
Only one way to treat a bully...........

Ya probably not worth the hassle. But it's the only chance of collecting. Sad thing is these guys drive up the price of land for the rest of us.

delaval

Look priorty is not the money but to get rid of this messer, collecting money is a bonus but he may be saddled for another year. Even if he gets the money this guy has shown his colours so again I say walk

jim_beam

Jcb1968 wrote: »

Hi all,
Can anyone advise on rent arrears of 2 years?
Basically, i inherited the farm from my father 5 years ago, the sitting tenant was always 1 year behind the annual rent, which my understanding falls due in November each year. He has totally run the land into the ground, last year being a wet year, i asked him in september to take off some of his cattle to rest the ground-he refused quoting NOvember terms.
So i waited until the 1st of November 2012, called up to his house and asked for the rent, 2years behind again at this stage, thinking that i might at least get 1 years payment, he said he hasn't any money, so i told him not to come back next year (this year) a week later he called me up and begged me to let him on the land again, but still didn't have any payment, and said that he would try to make some payment in the future. I refused to let him back.
I called with him since, last Saturday, and he has implied that he wouldn'T be paying!
Where legally do i stand, as this being a verbal agreement? And the lease was never formalised with myself, when the land was passed down?
This is in Co. Derry

put it down as a bad experience , find a solicitor and an auctioner and draw up a lease with your next tenant , that way you have a written contract

btw , i doubt your previous tennant hasnt a pot to p1ss in , he,s one of those " can pay - wont pay "

moy83

I'd get rid of him straight away and start fresh with someone that has a good reputation for paying and keeping the land well .
If the land is well shagged from the last lad you might be aswell to let it cheap for the first year in exchange for improvements and try and get someone that the previous tennant wont mess around with, that could be worth alot in the long term to you

caseman

As said before walk away you'll never get your money.
Alot of people an here looking for bigger rents will end up with pr**ks like him.

Jonty

jim_beam wrote: »

put it down as a bad experience , find a solicitor and an auctioner and draw up a lease with your next tenant , that way you have a written contract

btw , i doubt your previous tennant hasnt a pot to p1ss in , he,s one of those " can pay - wont pay "

a big +1 on this one

Ask yourself this, would you rent a house without a lease? would you rent from a hire shop without a hire agreement?

Another thing you can do to this guy is to put him in Stubbs Gazette

http://www.stubbsgazette.ie/


There is a reason for paperwork.

Farmer Pudsey

I would tell him that you will not rent it o him this year until he pays at least one of the back years he owes. If he pays tell him take a hike and write off other year. I would not allow him back onto the place.

PatQfarmer

delaval wrote: »

Look priorty is not the money but to get rid of this messer, collecting money is a bonus but he may be saddled for another year. Even if he gets the money this guy has shown his colours so again I say walk

Agree entirely.
Leopards don't change their spots.
He will continue to "do" you every chance he gets.
No one should be on land without at least half paid up-front.
You may have to stick with it this year as no neighbour might go in "against" him, but given the year that's in it, this will be your best chance to get rid of him. If all else fails, someone will take it for a cut of silage/hay.
Stick to your guns. Those fellas make life hard for all the rest of us. And that's speaking as a farmer AND an auctioneer.

JohnBoy

If he wants it this year he pays the two years arrears and at least 50% of this year up front.

if not, send a solicitors letter and see if it lights a fire under him.

people like that will just take take take for as long as they're let.

notsobusy

I have a similar question!?!

The field beside us has been let to a farmer down the road and basically he has never paid rent. The owner of the field went to court to get his rent and the farmer claimed he paid cash and that he had a crop in it at the time so the farmer won and the owner didn't. THe farmer has a reputatiion for not paying his bills but seems to get away with it this year.

The owner told us this year that he finally had rid of the neighbour and he would be leasing the land out to his brother.....then we see that the first farmer ploughing up the field. The owner put up gates and the farmer took them down?!! How on earth can he get away with this? It is like he is stealing land!

Obviously we are no way involved but I am just curious if others have been through similar situations?

ZETOR_IS_BETTER

notsobusy wrote: »

I have a similar question!?!

The field beside us has been let to a farmer down the road and basically he has never paid rent. The owner of the field went to court to get his rent and the farmer claimed he paid cash and that he had a crop in it at the time so the farmer won and the owner didn't. THe farmer has a reputatiion for not paying his bills but seems to get away with it this year.

The owner told us this year that he finally had rid of the neighbour and he would be leasing the land out to his brother.....then we see that the first farmer ploughing up the field. The owner put up gates and the farmer took them down?!! How on earth can he get away with this? It is like he is stealing land!

Obviously we are no way involved but I am just curious if others have been through similar situations?

Jeez he has some balls.
That guy needs to be told to his face to kindly f $$k off.
How long has the thief being working the land?
Its amazing what land does to people.

notsobusy

I'd say he has been working it the last 4/5 years. He is a brazen so and so but he can't be kept out it seems!

Jcb1968

Thanks for your input,
I have the land re-let and the new farmer has paid half up front, helped with drainage and turned over half the fields already!
Im still going to go after the rent due from the previous messer

delaval

Jcb1968 wrote: »

Thanks for your input,
I have the land re-let and the new farmer has paid half up front, helped with drainage and turned over half the fields already!
Im still going to go after the rent due from the previous messer

Well done and best of luck, that's your dust:D:D

jp6470

notsobusy wrote: »

I'd say he has been working it the last 4/5 years. He is a brazen so and so but he can't be kept out it seems!

I'd work him with a sprayer full roundup some night.:D
But good to hear that you have a better man in now jcb1968

redzerologhlen

Jcb1968 wrote: »

Thanks for your input,
I have the land re-let and the new farmer has paid half up front, helped with drainage and turned over half the fields already!
Im still going to go after the rent due from the previous messer

You did the right thing jcb. Be careful if you intend to go the legal route to get your money though, there is no guarantees there and you could end up further out of pocket.

just do it

Jcb1968 wrote: »

Thanks for your input,
I have the land re-let and the new farmer has paid half up front, helped with drainage and turned over half the fields already!
Im still going to go after the rent due from the previous messer

Good for you jcb. One word of advice from experience, don't end up spending half your life chasing the outstanding rent. Send a solicitor's letter and if that doesn't yield a result drop it and move on.

mf240

I dont think these guys pay any heed to solicitors letters but if you were to use your imagination im sure theres something precious to him that he wouldnt like to go missing.

candor

Have you a proper lease agreement in place with the new tenant?