What's New

The Government has today issued its response to the Rock Review, the report of the Tenancy Working Group (TWG). The Government’s response has been issued with a House of Commons statement by DEFRA Minister, Mark Spencer. He told the House that the Government had accepted the majority of the Review’s recommendations, some already as new schemes had evolved. The response comes in two papers: the overall response by themesthe response to each recommendation. While focused on the let...

Ahead of the next round of the Productivity and Slurry theme of the Farming Equipment and Technology Fund,­ DEFRA is asking for opinions on the items available for funding. This note provides more information.

This decision (A Grantor v A Grantee [2-23] UKUT 23 (LC), anonymised in its arbitration context) considered whether and on what basis the Upper Tribunal (Lands Chamber) has power to award costs when it acts as an arbitrator following a reference by consent. This note reviews that decision and then concludes more widely with the circumstances in which the Upper Tribunal (Lands Chamber) can award costs....

These Regulations amend the requirements to provide a written statement of contract for converted contracts where the identity of the contract-holder changes prior to 1st June 2023, as well as clarifying the position for substitute contracts. The Regulations come into force on 1st June 2023 and the CAAV Note 25th May 2023 provides a summary of the amendments. The Welsh Government has also published guidance....

These Regulations make consequential amendments to the Rent Act 1977 to dovetail with the abolition of assured tenancies in Wales. The CAAV Note 25th May 2023 provides a summary.

The papers for the Council meeting being held on 23rd May are attached.

This note reviews some considerations for those taking the Lump Sum Exit Scheme who also have a Countryside Stewardship Agreement.

The second round of the Landscape Recovery has been announced: New funding for farmers to protect the English landscape - GOV.UK (www.gov.uk). This note provides a brief overview.

Delinking ends the Basic Payment Scheme for tenancies granted in England after 15th May 2023 as land occupation no longer gives any right to claim area payments and entitlements have gone. The CAAV’s Model FBTs for England have been revised for this, both the main template and the one for agreements for two years and less. As well as the Word document for each is here for use, a tracked pdf version is as usual included to show the changes from the previous version. These changes are not...

Delinking ends the Basic Payment Scheme for tenancies granted in England after 15th May 2023 as land occupation no longer gives any right to claim area payments and entitlements have gone. The CAAV’s Model FBTs for England have been revised for this, both the main template and the one for agreements for two years and less. As well as the Word document for each is here for use, a tracked pdf version is as usual included to show the changes from the previous version. These changes are not...

The Government introduced on 17th May the Renters (Reform) Bill into Parliament. This note provides an overview of the Bill's provisions.

Attached below is a letter to auctioneers concerning changes to regulations for tuberculosis management in Scotland.

A consultation on the nomination process and draft appraisal framework for new National Parks in Scotland has been opened. This note contains more detail.

The Prime Minister’s Food Summit today was preceded by his open letter to UK farmers, largely covering international trade matters for agriculture. That has now been followed by a press release outlining other matters for domestic agricultural policy. This note provides an overview....

The Prime Minister Rishi Sunak has written an open letter to British Farmers ahead of the Farm to Fork Food Summit being held at Downing Street today. The letter is attached here.

The RPA has produced a Q&A document for the operation of the Delinked Payments scheme. The document, approved for publication, is attached here.

There is a significant body of legislation which places obligations on individuals and businesses to know and verify who they are dealing with. The Government has published its Economic Crime Plan 2023-2026 and sees UK property as being at high risk from money laundering. This note provides aims to capture the main areas relevant to CAAV members, including current and prospective legislation for: Limited Companies & Limited PartnershipsTrustsLetting and Selling PropertyHigh Value Dealers (e.g....

Guidance has been published for Welsh Government’s Independent Appeals Process for Rural Grants and Payments. The appeal process is a two stage process:Stage 1: review by officials within the group responsible for administering the scheme and agreed by a senior officialStage 2: review by the Independent Appeals Panel (‘the Panel’) which makes recommendations to the Welsh Ministers, who in turn take the final decision which concludes the process. The appeal process is intended to provide...

The Government has announced proposed changes to the regulation of holiday lets in England. One consultation proposes the introduction of a new use class for short term lets, permitted development rights for the change of use from a dwellinghouse to a short term let and seeks views on flexibility for limited letting of a dwellinghouse. The second consultation seeks views on three approaches to the registration of holiday lets. This note provides a summary of the consultations. The deadline for...

Following the CAAV webnote reviewing the further information on delinking issued by the RPA on 2nd May, the position where a change of business structure is in mind has been explored with DEFRA in the context of a farmer wanting to farm with a new company with the benefit of delinked payments based on the reference amount of the company that has been used to farm the land. This note provides the detail....

This note sets out unit fertiliser values for Spring 2023 for use in connection with end of tenancy valuations.

The CAAV Fees Survey Report 2022 is now available. This can help inform members and others about developing fee rates and is referred to as an objective overview by members and compulsory purchase acquirers when looking at fee structures and hourly rates.

Applications have been invited for the Royal Agricultural Society of England’s 2023 Bledisloe Gold Medal for Landowners. The annual award is given to a landowner who ‘demonstrates outstanding achievement in the successful land management and development of an agricultural estate in England.’ More information is available in the attached note and accompanying flyer.

The High Court heard an appeal in respect of costs to be paid to a claimant for a failed CPO, which included an assessment of solicitors’ hourly rates and whether the rates in Solicitors' guideline hourly rates, published by the Courts and Tribunals Service, should have any bearing on these. This note provides a summary of the decision.

The RPA has issued further details on the operation of the delinked payments that are to replace Basic Payment in England for 2024. This note sets out the detail of the announcement.

The Government has published further guidance on the stacking rules when creating Biodiversity Net Gain (BNG) units and meeting the requirements of other schemes: What you can count towards a development’s biodiversity net gain (BNG) - GOV.UK (www.gov.uk). This note provides more information.

At the request of the Government under its Anti-Social Behaviour Action Plan, the Law Commission is preparing to consult as part of its review of the Landlord and Tenant Act 1954. In particular, it is looking at Part 2 of the Act governing the tenant’s right to renew on the expiry of the granted term of a lease together with the ability to contract out of that right. The note below provides further information....

The Government issued a consultation last year, seeking views on proposals to limit market value where there is an issue of “prospective planning permission” in England and Wales (see CAAV Note 7th June 2022). The Government has now published its response, which will see proposals to remove the prospect of planning permission from the land value in certain schemes. This is to be progressed through the Levelling-up and Regeneration Bill and the note below provides a summary....

As members are aware, the Basic Payment is to be de-linked from both eligible land and farming activity for 2024. The RPA has now confirmed to the CAAV that there will no mechanism for entitlement transfer after this May 15th. This note provides more detail.

The Welsh Government has announced that they are extending the implementation date for the 170kg/ha annual limit from 30th April 2023 to 31st October 2023 in order to allow more time to consider the consultation responses to a licensing scheme for higher annual holding nitrogen limit of 250kg/ha subject to crop need and other legal considerations....

This note provides a summary of the Plan for Water, published by DEFRA.

DEFRA has launched a consultation seeking views on increasing the cap on variable monetary penalties (VMPs) for environmental offences in England and introducing VMPs to the Environmental Permitting Regulations. This consultation closes at 11:45pm on 15th May 2023

Following similar changes introduced in Wales and proposed in England, the Scottish Government has published its consultation, seeking views on increasing Council Tax for second homes and empty dwellings, as well as considering the non-domestic rates thresholds self-catering accommodation. The note below provides more information.

We have been notified by members with clients entering the Lump Sum Exit scheme that there was some uncertainty around the evidence required to demonstrate disposal of land that was held in a tenancy. This was particularly the case for oral tenancies and tenancies that have since expired. This note provides some clarification.

This note provides a summary of the Water Management Grant Round 2, announced by DEFRA. The deadline for stage 1 of the grant, eligibility check, is 12th July 2023.

Ultimate liability for professional fees incurred on behalf of a landowner/occupier and whether these can be expected to be met by a statutory authority is a common area of confusion and a source of many disputes. The answer to this question will depend on the nature of work being undertaken. This note aims to assist members by summarising the position and outlines good practice.

DEFRA has circulated this advice on a scheme to assist non-domestic consumers with alternative fuels where they are off the gas-grid. This note provides a brief overview.

The Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021 (SSI 2021/85) came into force on 1st April 2022. They require the Keeper of the Registers of Scotland to establish and maintain a public register of persons holding a controlled interest in land. A provision for an initial one-year transitional period, running to 1st April 2023, was to allow time for entities who may own land in Scotland to provide details of controlling interests,...