We would like to congratulate Julian on his marriage to Dee on the 11th September. It was a beautiful Autumn day and we wish them both all the best for the future.
Adkin Wedding
Residential Property – Smoke & Carbon Monoxide Alarm Regulations
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 have been published in draft and are due to come into force on 1st October 2015.
The Regulations state that landlords must:
- Ensure that a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation.
- Ensure that a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance.
- Make checks to ensure that each alarm is in proper working order on the start of a new tenancy.
The phrase “solid fuel burning combustion appliance” is not defined in the Regulations, but guidance from the Health and Safety Executive suggests that both open fires and wood burning stoves fall within that description.
The Regulations apply to “relevant landlords”, defined as:
- The immediate landlord
- of residential premises in England
- which are let on a tenancy which grants one or more persons the right to occupy all or part of the premises as their only or main residence.
It therefore seems likely that, as with the Gas Safety Regulations, these Regulations will apply to houses let under an AHA tenancy or a Farm Business Tenancy, or residential premises which are part of a business tenancy, as well as property let under a residential tenancy.
The requirement to check that alarms are in working order only applies to new tenancies starting on or after 1st October 2015. This does not include a new periodic tenancy arising on the end of a fixed term shorthold tenancy, nor any other tenancy arising on the end of an earlier tenancy where the landlord, the tenant and the premises are all the same or substantially the same. A tenancy granted in pursuance of an agreement entered into before 1st October 2015 is also excluded from the requirement for checks. However in the spirit of best practice and to minimise risk it is advisable to ensure that all let residential property have alarms installed. It may also be a requirement of your insurance policy in any event.
A landlord who fails to comply with the Regulations may be served with a remedial notice by the local housing authority. The notice must specify the premises, state the breach, specify the remedial action required and give the landlord 28 days to comply. The landlord may challenge a remedial notice within 28 days. If the landlord does not challenge the notice or carry out the work required, the local authority may arrange for the remedial action to be carried out, with the consent of the occupier. Where a landlord is in breach of the Regulations and has been served with a remedial notice, a local authority may also charge a penalty of up to £5,000. The landlord has a right of appeal against a penalty charge notice to the First Tier Tribunal.
Countryside Stewardship – Application Window Now Open
Applications for the new Countryside Stewardship Scheme are now open.
The main priority for Countryside Stewardship is to protect and enhance the natural environment, in particular the diversity of wildlife (biodiversity) and water quality. Other outcomes include:
- flood management;
- the historic environment;
- landscape character;
- genetic conservation; and
- educational access.
The scheme is jointly run by Natural England, Forestry Commission England and the Rural Payments Agency (RPA) on behalf of Defra.
The Countryside Stewardship manual is only available online and can be accessed here: https://www.gov.uk/guidance/countryside-stewardship-manual
The options and supplements and capital items guidance can be accessed here: https://www.gov.uk/government/publications/countryside-stewardship-manual-print-version These documents explain the requirements for capital items and annual management options and supplements under the Countryside Stewardship scheme.
The application window is open from the 1st July to the 30th September. Applications are competitive and there is no guarantee your application will be successful. Natural England will notify those who have been successful in November. The Agreement will then commence on the 1st January 2016. If you miss the application window this year or you are unsuccessful you will have to wait until July 2016 to apply. Due to the move to annual start dates those Agreements will not start until January 2017.
If you are interested in Countryside Stewardship and would like to talk about it in more detail, or need help making an application, please contact Emily Ham.
Congratulations to Jess Allen
Adkin are pleased to announce that Jess Allen has recently been successful in passing the Assessment of Professional Competence with the RICS and is now a fully qualified Surveyor. Many congratulations from all at Adkin!
Charitable Donations
This month Adkin have donated £1000 to each of their chosen charities, Riding for the Disabled and The Earth Trust.
Riding for the Disabled use horses and ponies to provide therapy, achievement and enjoyment to people with disabilities all over the UK. Their network of 500 volunteer groups organise activities such as riding, carriage driving, vaulting and showjumping to up to 28,000 people each year. More information can be found at http://www.rda.org.uk/
The Earth Trust is a local charity based in Little Wittenham, Oxfordshire. They aim to encourage everyone to live more sustainably and help them put this into practice through their daily lives. From Wittenham Clumps to Thrupp Lake at Radley they have many places to visit where you can get close to wildlife and see wildflower meadows and wetland landscapes. You can also get involved by attending events, taking part in courses they offer or becoming a volunteer. More information can be found at http://www.earthtrust.org.uk/
Adkin are pleased to support such great causes.
Mixed farm with superb sporting potential
A farm with excellent sporting potential is now on the market in South Oxfordshire with Adkin. High Lodge Farm comprises a mix of grass and arable, established woodland with diverse income streams including let farm buildings. Well located to the immediate south east of Abingdon the farm is in a ring fence and provides potential to increase the existing arable acreage. Currently within an HLS scheme the woodland provides a well established and locally renowned private shoot. For sale as a whole | About 380 acres (154 ha) in total
Contact Andrew Chandler or Philip Pocock on 01235 862 888
Changes for 1986 Act Tenancies
Julian Sayers in his capacity as Chairman of the Tenancy Reform Industry Group is pleased to report that in the final days of the last Parliament a number of changes to the Agricultural Holdings Act 1986 were enacted having been promoted by the Group via Defra for some considerable time.
In summary the changes are as follows:
- The option for landlords and tenants to use third party determination rather than arbitration for many of the differences and disputes which can arise within tenancies under the 1986 Act with effect from 27th May 2015 as for Farm Business Tenancies.
- The repealing of the prescriptive and outdated regulations dealing with the end of tenancy compensation for short term improvements and tenant right matters with effect from 1st October 2015 following which the parties can negotiate a settlement within the new legal framework.
- The introduction of new Model Clauses governing the default liabilities for the maintenance, repair, replacement and insurance of fixed equipment on agricultural holdings which had not been updated since 1973 and come into effect from 1st October 2015.
These modernising measurers will hopefully be welcomed by those who let and occupy agricultural holdings within the provisions of the 1986 Act. Detailed guidance is to be made available by the Central Association of Agricultural Valuers of which the Adkin professional team are all members.
All Change with BPS!
All Change with BPS!
The European Agriculture Commissioner Phil Hogan has confirmed that Member States may choose to extend the BPS 2015 submission deadline to Monday 15th June. Whilst this is optional, DEFRA has confirmed that England will use this extension.
In addition to the extension, DEFRA have agreed to make paper forms available for completion of BPS 2015 claims. The Rural Payments system will only need to be used for registration.
From today, (Monday 23rd March), a blank RLE1 form and BP5 BPS claim form will be available to download and print off. The RLE1 is to be used for both land transfers/changes and entitlements transfers. A prepopulated BP5 claim form will be available in a couple of weeks which should reflect any data that farmers had already managed to complete using the online Rural Payments system.
Please see the GOV.UK website for further details.
If you require any assistance with your claim this year or have any queries please contact Emily Ham or Simon Alden who will be more than happy to help!
Adkin promote new recruit to Associate Director and Head of Agency
Well established Oxfordshire Rural Property Consultants Adkin are promoting Andrew Chandler to Associate Director and Head of Agency with effect from the 1st February 2015. With local family farming connections Andrew has recently moved back to the area from the North West. Joining Adkin in November 2014 he brings with him 10 years of wide ranging experience across the rural property sector. A member of the Royal Institution of Chartered Surveyors, Fellow of the Association of Agricultural Valuers and an RICS Registered Valuer Andrew is based in Ardington, Wantage and will be focusing on Farm & Rural Property Agency and Valuation alongside other professional work.
Of his new role he says “Having extensive agency experience I have been able to hit the ground running with some great new instructions. 2015 is shaping up to be a very busy year for our Agency Department and I am delighted that Adkin see me as a key part of the business. We are a small team but one with individual specialisms and very good client contact – a winning formula.”
RPA Confirms Entitlement Values for 2014
The RPA has confirmed the entitlement values for SPS 2014. They are:-
- €251.38 – non-SDA
- €201.32 – SDA non-moorland
- €35.26 – SDA moorland
Further information is available on the GOV.UK website. It is expected that claim statements should start to be made available from mid-December and entitlements statements from January 2015.
