Land Rental Agreement

[KimT]

My mum and I have found somewhere to rent but both the land owners and I want to put an agreement in place but neither of us have anything suitable. The owners have rented the land out before but not had an agreement in place but we both want to cover our backs.

Does anyone have a an agreement they have used before that we could adapt?

[Lisa in Plymouth]

Hi

Try this website - I bought one of their templates for about £21.00 a few years ago. It was really comprehensive and covered everything I wanted it to.

www.netlawman.co.uk

[Lisa in Plymouth]

PS - i would email you a copy but I can't remember what I saved it under and I think it's on my dad's laptop (don't have my own computer) so can't search for it!

[shan]

Should be loads if you google, you can adapt it to suit both parties

[marsay]

I used one from the Highland Pony society, plagiarized I have to say. I have listed a heap of problems I have come against over the years even with an agreement so here is my list which might help you, I sure wished I had had it when I started renting!!

People want horses on their land because they think they look pretty but not necessarily everything that goes with them and can be shocked in winter when you are up to your knees in mud and poop!!

The biggest problem can be who is responsible for the fences. If your horse is a pusher to get to the grass over the fence or chews the posts watch out, the owner may bill you, think about protecting all fences with electric tape saves a lot of money.

Vehicles, can you take them in? Are they happy for vehicle tracks in winter?
If you have no running water, are they happy to look at an IBC, what access do you have to getting water there?
Muddy gates, are you reseeding them, or will the owner be relaxed about it growing back each summer same goes for around the water butt?
Divits, are they happy with hoof holes lumps bumps or do you have to walk around filling them in?
Poop, are they happy for a poop pile, where do they want it piled or do they want it removed from their land altogether? Same goes for shavings straw from any shelter you have.

Any time restrictions for bringing horses back, yup that happened to me, got in a right pickle when someone complained about me returning late one night!!
Weed suppression, are they managing the weed growth or are you, ragwort, docs, its expensive to spray if the field explodes in the summer or time consuming if you pull things by hand?
Visitors, farrier, vet are there set times they don't want people around? You'd be surprised.
Oh and that all important field shelter, or natural cover, is there any natural shelter they won't eat and is the landowner truly happy with the shelter of your choice, they might expect more than you supply, most people don't like old lean to sheds or old horse boxes. They have this pretty picture in their head which is nothing like reality unless your rich of course !!!
Fence running? Are they happy for a worn area, poached areas, holes dug by impatient hooves?

My other advice is explain how you look after the horse and why, I had terrible trouble with one landowner who thought I was cruel not putting a blanket on a hairy highland and constantly harassed me about it, in the end I had to settle for a light rain sheet or it was obvious that I was going to get my marching orders and at the time had no where else to go.

And always keep an eye for back up fields, peoples circumstances can change and that one months notice or termination of contract isn't long, try for three as it can take you that to find another field. But ultimately you can be out on your ear in no time, so be careful.

Good luck I hope you can avoid some of the hassles I gave myself through ignorance.

[lawyerbunny]

Hi Rugrat

Marsay makes some really good points about what to consider and discuss with your landowner. The more the merrier, really!

The first thing to consider is whether you're going to have a licence (sometimes referred to as a 'grazing agreement') or a lease. A licence won't give you the exclusive right to occupy, and would be usual if the landowner also keeps a horse there or needs to get in and out to barns/across tracks. A lease will be for you and you alone to use the land. Either is common, and in both cases they should set out what is paid and when, what you can and can't use, how you can and can't use, how you can get to it and, importantly, how either party can bring it to an end.

Whether you have a licence or a lease, three months' notice to quit is certainly best. Make sure you have adequate access to the land as well as use of the land and parking. Make sure you have a good plan to attach to the agreement so that everyone knows what is and is not included. It's also a good idea to check that the landowner does actually own what they're trying to let you use - something that believe it or not does cause problems in practice!

Expect the landowner to want to have the right to come in and check the condition of the land/any buildings. They may well want the ability to give you short notice to take the horses off if the land is particularly wet, for example. Definitely deal with fences/weed control and insurance of any buildings.

The standard documents on sites like lawman are really useful, but make sure you run through it critically and add/take out as much as you need. When you've reached agreement on the terms, get a fresh pair of eyes to read it through before you sign, they'll often spot new things.

Hope that gives you a few pointers! LB x

[KimT]

Thanks guys. In response to the questions above, the land owner has outlined things pretty clearly. He owns the land and attached house. He has shown us where we are allowed to park and I have stated what times I come up in the mornings and he is ok with it (though I will make sure it is in the agreement). He wants us to maintain the land by rotating fields and poo picking. There is already a spot for muck which we need to pay for its removal.

The situation is that he and his wife bought the house and land for the daughters horses. Daughters have grown up and moved away so land isnt being used. Owner will be spending 6 months of the year there and 6 months in Miami. They basically want someone to use the land so they dont have to worry about the upkeep. There are 3 stables and a field shelter there already. I did ask him about poaching/mud and he said well at the end of the day its being used so things like that happen. We can just keep rotating fields to stop it getting too bad. We will have sole use of the land and we are paying for the land instead of per horse. He doesnt want anyone else on the land, just us. We may have leeway for another horse for us but no more people and no more horses than the land can sustain. He said we can get the muck taken away in winter but we said we would prefer to do it when it's drier. We will have to replace fencing if our horses eat it but if they knock rails off, he is happy to put them back on (or we can). There are 3 self filling water troughs which he is responsible for and a tap/hose. We also have electric and lights. We are responsible for bulbs though. He isnt horsey and bascially just wants to leave us too it.

Farrier and Vet visits are ok. It's just to the side of their house so we wont need to disturb them.

[gwenoakes]

Just one thing to add to all that has been said above, who is going to maintain the things the landlord says he will be responsible for when he is in Miami? Will he be willing to pay a bill if you get someone in to do the work? Just a thought.

[ladyndibs]

I can understand they don't want loads of differant people there but it might be worth checking that it's ok for friends and family to visit or help out if you're unwell.