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Unsure of my rights as a tennant

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janbreed | 16:47 Tue 08th May 2007 | Law
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I have lived in a small dwelling n since March 1997, which could be tied accommodation, the landlord was addament that there should be no written contract or agreement, but in exchange for 2-3 hours light farm maintenance per week, I was offered this 'Cabin' including electric and water. When the landlord retired I was requested to stay, on the same arrangement adding cartaker/security as he went away a lot. He let me keep my horses here for a small fee, and allowed me to make hay as long as I paid any expenses. In all I have put a lot of time and money into his property over the last ten years.
My landlord has recently died, the family have already called on me, it was very intimidating. I have contacted the CAB, they said they will help me; however I would like to know my rights, to be forearmed; I do not want to leave here, especially as he made me promise that I should look after the farm, he knew the farm meant as much to me as it did him.
I am not sure in what catagory I fall, I think I cannot be a assured tennant as I pay no rent; am I a tied tennant? a sitting tennant? a squatter? (I wouldn't mind being a squatter if it meant I could stay!) Jan
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You are a service occupier, or service tenant (your housing was provided with a job) with a periodic tenancy (no fixed term of lease). Service occupiers have the same rights as either occupiers with basic protection or excluded occupiers. You are likely to have basic protection unless:

you share accommodation with your landlord/employer
your landlord/employer lives in the same building as you and you share accommodation with a member of your landlord/employer's family
you do not pay rent and your wages are not reduced on account of accommodation being provided
If any of the above apply you are likely to be an excluded occupier.

Unfortunately, tenants with basic or excluded rights have very little claim on their home and can be easily evicted, especially as you have nothing in writing.

Cont...

You would be better off claiming squatter's rights, the law used to require you to live at the property for 12 years, and then you could claim it as your own, but now you only have to have lived there for 10 years, though the land will not automatically revert to you anymore.

You will have to complete an ADV1 form registering your claim, and if that goes unopposed the land will be registered in your name. If his family oppose (which I am sure they will) the claim will almost cetainly rejected.

At this point the only thing you can do is to cling onto your little home for another 2 years, because after 12 years living there you can file another claim which will give you the land, whether it is opposed or not.

All the jargon is here:

http://www.propertylawuk.net/adversepossession squatters.html

If I were you I'd get the CAB to read it, because they tend not to be too specialised in these areas, (I had a problem with a co-tenant doing a runner and the CAB told me I had to pay their rent, when actually I didn't!)

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