Tenants near Whitchurch in breach of agricultural condition for more than a decade
A set of tenants living at a home in north Shropshire have been in breach of an agricultural condition.
When the property in Whixhall, near Whitchurch, was built in 1980/81, a condition was put in that ‘the occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, locally in agriculture as defined in Section 290 of the Town and Country Planning Act 1971 or in forestry or a dependent of such a person residing with him, but including widow or widower of such a person’.
It is been occupied by two sets of joint tenants under a residential assured shorthold tenancy agreement.
Since May 2014, Keith and Gail Bryant, who are both retired, have been living at the property since May 19, 2014 – meaning that home has continually been inhabited in breach of the conditon for more than 10 years.
Meanwhile, David Quick and Lottie Cobby have also been living there in breach of the condition since November 15, 2024. They breed horses for racing and riding for use within the sport and leisure sectors, which falls outside the definition of agricuture.
The details of the tenancy show that the occupiers can live there under a six-month fixed term and periodic thereafter.
Susan Taylor and Carole Bailey have owned the property since December 2013, with it previously being owned by their parents.
Because of the breach of the condition, they have submitted an application for a Certificate of Lawfulness.
“It is clear that the property has been in breach of the condition for a period greater than 10 years,” said Daniel Bowden, of surveyors and property agents, Barbers Rural.
“It is therefore considered that the property can be lawfully occupied by someone in breach of the condition and the condition be removed from property.”
