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What's New

This What's New section is a quick one-stop shop to show you the most recent additions to the Members Area (log-in required) and News items.

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SI 2024/477 The Compulsory Purchase of Land (Vesting Declarations and Land Compensation Development Order) (England) (Amendment) Regulations 2024

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These Regulations make changes following the compulsory purchase reforms in England made by the Levelling Up and Regeneration Act 2022 (see CAAV webnote of 22nd February 2024). Taking effect from 30th April 2024, the regulations amend The Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017 and The Land Compensation Development (England) Order 2012, with the main changes being: Form 2 (form of notice specifying land and stating effect of general vesting declaration)...

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SI 2024/473 The Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2024

Documents

These Regulations make changes to the prescribed forms in England following the compulsory purchase reforms made by the Levelling Up and Regeneration Act 2022 (see CAAV webnote of 22nd February 2024). The changes take effect from 30th April 2024 and substitute the forms in The Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 as follows: Forms 7 – 9 and 10 – 12 (prescribed notices) have been updated to require the inclusion of website addresses on statutory...

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CAAV Note 240414: Climate Change - ECHR Decision - Klimaseniorinnen

Documents

The European Court of Human Rights has given a judgment in which it substantially develops its legal reach in the context of climate change. The case of Swiss Klimaseniorinnen, that Switzerland had not made adequate provision to mitigate climate change by measure to reduce greenhouse gas (GHG) emissions, was upheld. This note provides an overview....

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CAAV Note 240412: Scotland - 30x30 Legislation - Consultation

Documents

The Scottish Government has opened a consultation into legislative proposals to better manage and extend protected sites, as well as proposals to manage land for the delivery of the target to manage 30% of Scotland’s land area for nature by 2030. This note provides a summary.

Jeremy's Blog 12th April 2024: Agricultural Landlord and Tenant Code of Practice for England

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 12th April 2024 The Agricultural Landlord and Tenant Code of Practice for England was published on Monday. It is a voluntary Code for all parties to tenancies (that is, landlords and tenants) and their advisers, giving guidance as to approach, conduct and behaviour. It looks to support good relationships and help where difficulties arise. Intended to improve practice, it does not change the law or alter any contract and...

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CAAV Note 240409: England - Farming Recovery Fund

Documents

DEFRA has opened a Farming Recovery Fund for farmers who suffered uninsurable damage to land during Storm Henk. It supports the cost of reinstating land which flooded between 2 and 12 January. This note provides more information.

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CAAV Note 240409: Scotland - Housing (Scotland) Bill - An initial review

Documents

Introduced into the Scottish Parliament on 26th March 2024, this Bill sets out a range of proposed changes for the let residential sector in Scotland. Although the ‘New Deal for Tenants’ consultation (see link) considered a broader range of proposals, including a pan-tenure approach to rent control and evictions that could include agricultural lettings, the Bill has a narrower focus largely on private residential tenancies. This note offers an initial review of the Bill as it relates to...

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240408: Agricultural Landlord and Tenant Code of Practice for England

Documents

The Agricultural Landlord and Tenant Code of Practice for England has been published today. This voluntary Code has been endorsed by the CAAV as well as ACES, ALA, CLA, ILG, NFU, NFYFC, RICS and TFA and is published under the mantle of the Farm Tenancy Forum with blessing from DEFRA as a support for good practice in the let sector. The CAAV has also updated its model FBTs for England to refer to it. These revised versions are also being issued today....

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CAAV Model Farm Business Tenancy (England) (V10B)

Documents

The CAAV has updated its two model FBTs for England: A larger one more suitable for longer term and equipped holdings A shorter one drafted for agreements of two years and less, likely to be bare land holdings These are offered as templates that can be adapted using professional judgment to best record the business agreement between the parties. Having been updated last year to take account of England’s de-linking, they have now been revised to: refer to the Agricultural Landlord...

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CAAV Model FBT for 2 years or less (England) (V4B)

Documents

The CAAV has updated its two model FBTs for England: A larger one more suitable for longer term and equipped holdings A shorter one drafted for agreements of two years and less, likely to be bare land holdings These are offered as templates that can be adapted using professional judgment to best record the business agreement between the parties. Having been updated last year to take account of England’s de-linking, they have now been revised to: refer to the Agricultural Landlord...

Jeremy's Blog 5th April 2024: Labour Says More About Planning

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 4th April 2024 Keir Starmer’s Labour Party (like the Conservatives in Canada) clearly feels it is working a rich electoral vein in positioning itself as the advocate for more housing, while other parties carve up the opponents between them. Following his references in the autumn to “bulldozing” the planning system for England, the document issued for the launch of its local election campaign suggest that...

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CAAV Note 240404: England - Invalid s.21 Notice on Failure to Provide Gas Safety (Byrne v Harwood-Delgado)

Documents

Although not binding as a County Court decision, this decision provides a warning to landlords who do not comply with s.21A of the Housing Act 1988, which sets out legal requirements for a landlord who is seeking to regain possession using s.21, the “no fault” ground. One such requirement is for the tenant to have been provided with a valid gas safety certificate at the start of the tenancy. The note below provides a summary of the decision....

Scotland: Council Tax on Second Homes

News

The Scottish Government has advised that with effect from Monday 1st April councils have the power to charge up to double the full rate of Council Tax on second homes. It goes on to state that 29 of the 32 Scottish local authorities have confirmed their intention to use the power. A second home is classed as any home that is not used as someone’s primary residence but that is occupied for at least 25 days in a year....

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CAAV Building Costs Survey 2024

Documents

Dear CAAV Member, The CAAV is now repeating its Survey to produce a new Schedule of Building Costs for farm and estate buildings to support members who undertake reinstatement cost assessments, as for insurance purposes. This was last done in 2018. While the next Survey was intended to be 2021, pandemic-related supply chain disruption made this pointless and so we resorted to providing updates with indexes for key building materials as the best fall back. Feeling markets to be more stable now,...

BNG Requirement for Small Sites

News

From 2nd April small sites are required to demonstrate biodiversity net gain as a condition of planning consent (unless exempt). Small sites are defined as: residential development where the number of dwellings is between 1 and 9 on a site of an area 1 hectare or less, or if the number of dwellings is unknown, the site area is less than 0.5 hectarescommercial development where floor space created is less than 1,000 square metres or total site area is less than 1 hectaredevelopment that is not...

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CAAV Note 240401: Stamp Duty Land Tax - House with Paddock - Harjono v HMRC

Documents

This First Tier Tribunal decision concerns the assessment to SDLT of the purchase of a house with a grazing paddock. Should it be assessed at the higher rates for residential property or at the lower rates for mixed property? The taxpayers had submitted a return declaring tax of £124,500 due. HMRC contended that the tax should be £237,750.

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