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We are still seeing examples of employers failing to serve the correct documentation before handing over the keys of a cottage to new farm workers. They think they are granting an assured shorthold tenancy (AST) and that they will be able to recover possession in due course without too much trouble. Instead, there is a good chance that they will have inadvertently granted an assured agricultural occupancy which enjoys greater protection.
If, as an employer, you want to be sure not to grant a tenancy with enhanced protection, you need to serve a “Form 9” landlord’s notice on your prospective tenant.
De-regulation is not the name of the game when it comes to letting a house to a farm worker. We’ve condensed the various rules, spread across different pieces of legislation, into a checklist for farm employers, set out below.
Checklist for assured shorthold tenancy agreements
If you would like further information about housing farm workers, contact Sarah Whitehurst on 01775 842508
On 28 August 2020, the Competition and Markets Authority (CMA) published an updated version of its "Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds" which was first published on 30 April 2020. The statement now...
There has been much talk recently within the media and industry of the impact on data protection rules since the announcement of the ‘Schrems II’ judgment, but what is this case and how might it affect us? The Position to Date Data transfers...
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The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 have been published today and take effect tomorrow, 31 July 2020. The Regulations set out how a week’s pay is to be calculated for a furloughed employee...
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The Information Commissioner's Office (ICO) is currently reviewing its Privacy Shield and Standard Contractual Clauses guidance following the judgment issued by the ECJ in the case of Data Protection Commissioner v Facebook Ireland and Maximillian...
Julie Robinson, Head of Agriculture flags up some of the legal issues that are likely to matter as we live through the coronavirus aftermath. The coronavirus pandemic has impacted on almost every area of our lives. The legal frameworks within which...
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Why appoint a new manager? Leaseholders are very often unhappy with the management of their block. Disputes over reasonableness of service charge is one of the main reasons for looking for a change, as they see their service charges increasing without...
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The Electrical Safety Standards in Private Rented Sector (England) Regulations 2020 From 1 July 2020, private landlords will be required to ensure that the electrical safety standards are met during any period that the residential property is...
Most of us live happily in our houses for years and we assume we own our home and the land on which it sits. In almost all cases this is correct, and the vast majority of property transactions go smoothly. However, there are cases when things don’t...
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A review of new legislation by Catherine Rickett and Alex Forster . On Wednesday 20 May the Department for Business, Energy and Industrial Strategy introduced the new Corporate Insolvency and Governance Bill 2020, the measures are intended to...
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In some types of contracts/agreements it is common to see a Material Adverse Change or MAC clause to deal with one party’s significant and damaging changes in commercial circumstances. This is particularly the case in financing documentation...
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Over the weekend the Government has published the latest in a series of updated guidance on the Coronavirus Job Retention Scheme. This answers outstanding queries relating to the interaction between Holiday Pay and Furlough Leave. In a...
Ultimately any decision to delay the introduction of the post-Brexit agricultural transition period is a political one. In this blog we explore the legislative processes – what would need to happen before the start date of the new regime can be...
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The Chancellor has this afternoon announced that the Coronavirus Job Retention Scheme will be extended from its initial 3 month period from 1 March 2020 – 31 May 2020 by a further 1 month, i.e. to the end of June 2020. The announcement will come as a...
The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...
The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...
The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...
The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...
