Don’t let your diversification ambitions be thwarted by an agricultural land restriction

Many farmers have experienced hardship in the recent past, thanks largely to the combined effects of Brexit and Covid-19. Little wonder then that many are looking to use their land in different ways to boost dwindling profits. There are several ways you can diversify to make more efficient use of your agricultural land, but, before you embark on a diversification project you need to ensure your ambitions will not be thwarted by a restriction on change of use. Agricultural ties If you are considering selling a house on your land that has an agricultural tie (or an agricultural occupancy condition), it may make the property harder to sell. Under the Town and Country Planning Act 1971, such ties usually require that ‘the occupation of the property is limited to a person solely or mainly employed, or…

ALL CHANGE! County Court ruling says landlords must obtain gas certificate before an AST is created

A recent County Court decision may be bad news for residential landlords In a recent case in the County Court at Luton Byrne v Harwood-Delgado the Judge (HHJ Bloom) found that a valid s.21 notice requiring possession under the Housing Act 1988 cannot be served if a landlord has not obtained a relevant gas safety certificate before the commencement of an Assured Shorthold Tenancy. In a 2020 case Trecarrell House Ltd v Rouncefield the Court of Appeal concluded that the failure to provide a gas safety certificate prior to a tenant’s occupation did not prevent a landlord serving a s.21 notice as long as the relevant certificate had been given before service of the notice. However, HHJ Bloom in the Byrne v Harwood-Delgado said that the facts before him were different to the Trecarrell case because…

Negotiating a senior executive package

Recruiting the right senior executive can be an immense benefit to a company if they bring the right mix of skills, experience, and contacts to the business. It is not uncommon for the recruitment process to include some informal occasions, at which terms, conditions and incentives might be discussed.  Failing to capture such casual agreements and to spell them out in detail in the employment contract can lead to problems down the track if there is a misalignment of understanding.  ‘Remuneration packages and contractual terms for senior executives can be complex. So, investing time and resources in the negotiations and in setting out the agreed terms is well worth it’, according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors.  ‘Not doing so can prove costly, damaging to the business or the individual’s…

Selling a home to appeal to eco-conscious buyers

Eco features matter more to some home buyers than the size of the garden, according to a recent survey by Money.com. Solar panels now rank ahead of ensuite bathrooms on our property wish-list and, as energy prices rise, this trend looks set to continue. So, if you are selling your home, how do you appeal to today’s eco-conscious buyers? ‘Buyers are certainly more concerned about energy efficiency,’ agrees Catherine Edge, a Solicitor in the Residential Property team with Ware & Kay.  ‘Fortunately, you can improve your home’s performance and make it easier to sell without spending thousands of pounds on innovative technology.’ Your EPC can help you You will need a valid Energy Performance Certificate (EPC) before marketing your home, and it will then be available to any potential buyer. The EPC is a short report…