What's New

The Court of Appeal decision in O G Thomas Amaethyddiath v Turner & Ors [2022] EWCA Civ 1446 reversed the finding in the High Court (see earlier webnote) so that, where a notice to quit was served on a person who had assigned the tenancy to a company, the notice was ineffective. This note reviews the decision of the Court of Appeal....

A recent Appeal Court ruling, Arnold White Estates Ltd v. The Forestry Commission [2022] EWCA Civ 1304, dismissed an application by Arnold White Estates Ltd for judicial review of an enforcement decision by The Forestry Commission on the grounds that it was out of time. In obiter dicta, the Court also rejected the notion that planning consent given after the licence to fell was granted extinguished the licence’s condition to restock....

Mairi Gougeon, Cabinet Secretary for Rural Affairs and the Islands, has been updating the Scottish Parliament on legislative and policy development. This note summarises her statements.

The Scottish Government has a programme to designate at least one new National Park by 2026. As part of the programme, a consultation has been opened into the selection criteria and approach to National Parks in Scotland. This note provides some background detail.

The claim window for undertaken soil testing and carbon analysis under two grant schemes in Scotland have opened. From Wednesday 2nd November, farmers and land managers can submit for claims to the Preparing for Sustainable Farming (PSF) and Sustainable Agriculture Capital Grant Scheme (SACGS)....

DEFRA has announced that the Countryside Stewardship Facilitation Fund has opened for applications for 2023. This note contains more detail.

Edwin Poots, DAERA Minister, has opened a consultation on proposals to address Bovine Viral Diarrhoea (BVD). This note contains more information.

The Scottish Government has opened a consultation on a proposed Wildlife Management (Grouse Moor) Bill. This note provides some background detail.

This note provides a short update on a delay to the setting of targets under the Environment Act 2021.

These Regulations temporarily modify the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017, as explained in CAAV Note 29th October 2022.

This Act came into force in Scotland on 28th October 2022. The CAAV Note 29th October 2022 provides more information.

The Cost of Living (Tenant Protection) (Scotland) Act 2022 came into force on 28th October 2022 providing for a qualified cap on increases on existing rents and a qualified moratorium on repossession until at least 31st March 2023. This note provides further information.

This note provides an overview of the disease, the steps the government is taking to control it and the outlook for the poultry sector. It updates our notes of 26 November and 10 December 2021 and provides references to other web sites where further information is available....

This note sets out the changes to TB rules in England and Wales

This note provides an overview of the early announcements and ministerial appointments of Rishi Sunak's Government.

The Welsh Government has published 'Building regulations guidance: part L (conservation of fuel and power)', taking effect from 23rd November 2022 and providing guidance on energy efficiency measures that would comply with the Building Regulations for building work carried out in Wales.

These Regulations amend The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, extending the period of time within which a landlord is to provide the contract-holder with a copy of the Electrical Condition Report (ECR) from 7 days to 14 days following occupation or, if renewing an ECR during occupation, from the date of inspection. The Regulations also make an amendment to reflect the latest edition of the Wiring Regulations (BS 7671:2018+A2 2022)....

In the recent case, Llangewydd Court Ground Rent Estate v Ralph, the Upper Tribunal has considered evidence as to interest rates in valuing property – here for leasehold enfranchisement. This note provides a summary.

As part of September’s Financial Statement, the government announced the Energy Bill Relief Scheme to provide support for energy costs. It is to be effective for 1st October 2022 to eligible businesses, voluntary sector and public sector organisations in Great Britain until at least 31st March 2023. This note provides more background detail....

The CAAV has been advised that the DEFRA Group Commercial is inviting tenders by 13th November to join a four year framework to provide advice on land, property, compensation and valuation matters to the Environment Agency. This note sets out the tender process.

This note contains an update on tenant right valuations for Michaelmas

The CAAV has responded to the 'Renting Homes (Wales) Act 2016: improving security of tenure by increasing the period of notice' consultation in respect of converted periodic standard contracts. A copy of the response is below.

ATED, the Annual Tax of Enveloped Dwellings, applies to dwellings in the United Kingdom owned by companies. With a threshold value of £500,000, company-owned dwellings are generally liable but there are categories of both exemptions and of reliefs. The values for ATED are set five yearly. The next values to be used will be those as at 1st April 2022, applying from April 2023. Many properties that were below the threshold in 2017 will now be brought into charge for 2023. It is important for...

These Regulations make a number of changes to Schedule 12 of the Renting Homes (Wales) Act 2016, which deals with the conversion of existing tenancies and licences to the new forms of occupation contract under the 2016 Act regime. The CAAV Note 19th October 2022 summarises the changes made in respect of assured agricultural occupancies....

While assured agricultural occupancy arrangements had already been understood to be caught by the Renting Homes (Wales) Act 2016, The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (SI 2022/795 (W. 173)) puts this beyond doubt, as well as making special provisions for occupiers of such agreements that are 16 or 17 years old immediately before the implementation date. This note provides a summary, with further guidance published by the Welsh Government....

These Regulations amend the Renting Homes (Wales) Act 2016 such that the list of tenancies and licences that will never be an occupation contract (and so outside of the scope of the 2016 Act) has increased to include:accommodation provided by or on behalf of the Secretary of State in connection with the Bail Act 1976;accommodation provided under Part 1 of the Offender Management Act 2007 in connection with probation purposes;accommodation provided for asylum seekers under section 4 or Part 6 of...

These Regulations implement the Renting Homes (Wales) Act 2016 and other associated legislation with effect from 1st December 2022. The CAAV Note 21st April 2022 provides an overview of the 2016 Act, now with the revised implementation date, with a summary of the key milestones outlined in the CAAV Note 8th August 2022....

The Government has announced its revised Fiscal Plan, seeing the new Chancellor, Jeremy Hunt, announce a reversal of many of the Growth Plan policies. The changes are said to be “designed to ensure the UK’s economic stability and provide confidence in the government’s commitment to fiscal discipline”. This note provides a summary.

These Regulations bring into force the final provisions of the Renting Homes (Amendment) Wales Act 2021 on 1st December 2022, to coincide with the implementation of the Renting Homes (Wales) Act 2016. The provisions will amend the Renting Homes (Fees etc) (Wales) Act 2019 to bring all standard occupation contracts in scope of the 2019 Act, which prohibits certain payments being requested by landlords or letting agents....

Taking effect with the implementation of the Renting Homes (Wales) Act 2016, these Regulations set out the procedure and form of notice for a contract-holder of a 'relevant converted contract' (those being assured tenancies, including ASTs) to seek determination of the rent from a Rent Assessment Committee. A contract-holder has two months following the receipt of a valid notice to vary the rent to make an application. While the regulations provide a prescribed application form for use by the...

The CAAV has responded to the Decent Homes Standard consultation for private let dwellings in England. A copy of the response is below.

This note provides a brief overview of the report of the Working Group on Agricultural Tenancies in England, chaired by Baroness Rock. We will be reviewing the report in full.

This note sets out the changes announced in the Welsh Government written statement to the Welsh Use Classes Order and Permitted Development Rights as part of a package of measures to tackle the issue of second homes and short-term lets in Wales.

The Welsh Government produced a written statement on 5th October 2022 in which Lesley Griffiths, Minister for Rural Affairs provided an update on the package of measures the Welsh Government and Plaid Cymru have agreed as part of the Co-operation Agreement. This includes proposed changes to Welsh Water Regulations. This note provides a summary....

The CAAV Members' Handbook 2022/23 is attached.

The summary Schedule for the 2022 CAAV Costings of Agricultural Operations is attached. Hard copies will be sent with the September mailing.

DEFRA has announced the extension of the Catchment Sensitive Farming programme to cover the whole of England. This note provides a brief overview.

This note looks at a recent announcement from DEFRA about grant funding for robotic use and automation in glasshouses.

HMRC have published the names of 68 estate agents that have been fined for not complying with anti-money laundering regulations, as well as reporting the first prosecution of an estate agent. This note provides further information.