Search site
Contact our offices
Make an enquiry
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
Retrospective planning has been secured for the Warwickshire site of TinyWood Homes thanks to a partnership between Roythornes Solicitors and Grace Machin Planning & Property . TinyWood Homes is a luxury glamping franchise with sites...
Sometimes if you’ve been involved in an accident which wasn’t your fault, the other party’s insurers will make an early offer to settle your claim, often at the same time that they accept liability for your accident. A...
The Personal Injury department at Roythornes is renowned for successfully handling claims brought against the MOD, and so we are often contacted by both serving and retired members of HM Forces. The enquiries are usually about a possible claim arising...
In the new age of GDPR and rigorous electronic data protection laws, the availability and use of cookies can no longer be taken for granted.. In terms of data, a cookie is a text file with the ability to track your activity across the internet and...
Your charity’s legal structure and constitution set out what type your charity is and how it should be managed. There are four common types of charity structure: charitable incorporated organisation (CIO) – either the...
The recent case of Charnley and another v HMRC [2019] has seen the law firmly placed on the side of the farmer in this important appeal against HMRC. Ben Taylor, solicitor at Roythornes Solicitors , looks at why this is significant. Grazing...
If you don’t have a will yet, you’re not alone. It was recently estimated that somewhere between 50% and 60% of adults in the UK do not have one. Many assume their loved ones will automatically inherit their estate - but that’s...
If you had to create a simple Venn diagram of drivers and cyclists, there would be a significant number of people who would occupy the central sector. Yet you would be forgiven for thinking these two groups, cyclists and drivers, are diametrically...
A taxpayer has won an important victory over HM Revenue & Customs (HMRC) in a case involving a claim for principal private residence (PPR) relief. Had HMRC’s view been upheld it would have meant that it was possible to “occupy” a...
In a very helpful decision handed down in the Court of Appeal this week, in the case of John Leslie Finney v Welsh Ministers, Carmarthenshire County Council and Energiekontor UK Limited [2019] EWCA CIV 1868 , some interesting arguments as to the scope of ...
Whilst some of us were spending Halloween ‘trick or treating’, HM Revenue & Customs (HMRC) were carving out a Technical Note which sought the introduction of legislation to confirm the legitimacy of using automated processes for serving...
A chapter in the recent Office of Tax Simplification’s (OTS) report, “Simplifying Inheritance Tax”, is dedicated to the Residence Nil Rate Band. This was much anticipated by our Private Client team as it is a complex area of Inheritance Tax...
Newspapers are reporting that Paul Hollywood, of The Great British Bake-Off fame, has chosen to settle his divorce financial matters out of court. He and his wife have chosen to use a process called family arbitration. There will be several advantages...
Trustees need to be aware of changes to HM Revenue & Customs’ existing Trust Registration Service (TRS) that are due to come into force early next year and which may have a wide-reaching impact upon trust compliance requirements. Background...
Parental alienation continues to be increasingly recognised by the family courts. What is more, judges are taking increasingly robust steps to resolve situations where one parent turns a child or children against the other parent. In the recent case...
Most of us understand the importance of making a will in order to ensure that our affairs are taken care of as we intended on our death. However, less of us consider the importance of Lasting Powers of Attorney (LPAs) and what would happen if we are no...
If the United Kingdom leaves the EU without a deal, then the cost of getting divorced in some cases will increase dramatically. If both partners in a marriage currently apply to different countries in the EU for a divorce, then the country where the first...
Whilst the uncertainties and dramas surrounding Brexit seem to be dominating the attention of Parliament (and the headlines!), in the background the draft Finance Bill 2019/20 is slowly making the rounds. The bill contains important changes to...
Charlotte Lockwood, associate in the Planning team at Roythornes Solicitors, looks at the practical steps you can take if you receive a Planning Enforcement Notice. The first thing to say is that, in most cases, the receipt of a Planning Enforcement...
A will is one of the most important documents you will ever make, but many people are turning their back on the conventional method of seeing a solicitor and, instead, preparing their own homemade versions. Although homemade wills are inexpensive, the...
A consent order in divorce or separation proceedings formalises any financial agreement that you and your partner have reached and converts it into a binding, final order. The order specifies who will pay or receive what with regard to income, capital in...
In the same time as it takes to boil an egg, let me present an overview of "the biggest package of workplace reforms for over twenty years". Following an independent review of employment practices undertaken by Matthew Taylor - the Head of the...
The key area I am focusing on today is getting your dates right. You might wonder why this is so important, but the success or failure of a claim can largely depend on the evidence obtained at the outset of a claim. Pursuing a personal injury claim ...
The constitutional ramifications of today’s Supreme Court judgment will be debated and commented on for years to come. Of immediate interest to farmers and everyone involved in agricultural policy-making is what the Court’s judgment means for...
Charlotte Lockwood, Associate in the Planning team at Roythornes solicitors, takes a realistic look at what farmers can do to stand the best chance of obtaining planning permission for farm-based developments, particularly those in sensitive areas such as...
The Charity Commission and the Information Commissioner have today published a new Memorandum of Understanding (MoU) which aims to enable closer working relations between the two regulators, including the exchange of appropriate information, in order to...
The public continue to be concerned about financial transparency within the charity sector ; charities’ accounts enable trustees to communicate effectively with interested stakeholders and provide assurance in terms of financial stability and...
As Brexit continues to take centre stage in the headlines and with the recent discontinuation of Parliament, it is not surprising that the Non-Contentious Probate Fees Order 2018 has been languishing in the House of Commons since April 2019. However,...
The long-awaited introduction of The Guardianship (Missing Persons) Act 2017 will relieve “a terrible burden” on the families of missing people. Introduced in July 2019, the Act is intended to relieve the legal burden on the families of...
The recent developments in the Houses of Parliament have ended the immediate prospects of no fault divorce reform. The Divorce, Dissolution and Separation Bill had been making swift progress towards becoming law. It was proving to be a popular...
This is our second article exploring disclosure within divorce and dissolution of civil partnership proceedings. The first article called “Divorce and financial disclosure” can be found by clicking here. This article explores how...
I recently acted for a client in connection with a claim against Essex County Council as a result of an accident on the highway. The facts of this case are relatively straightforward but there were some slightly unusual factors afoot. The facts The...
When it comes to buying or selling your home , there are two important taxes to bear in mind: Capital Gains Tax (CGT) and Stamp Duty Land Tax (SDLT). Recent case law has highlighted arguably a growing difference in the approach to these taxes at HMRC in...
When a couple resolve financial matters at the end of their marriage or civil partnership, then it is necessary for both parties to provide full and frank disclosure of their financial circumstances. One or both of the couple often remain sceptical that the...
With the average house price having increased over 40% over the last 10 years*, it is increasingly common for loved ones to assist when buying property . It is important that the terms of this assistance are agreed in principle, advice taken and terms...
When a loved one dies abroad it can be difficult to know where to start, particularly if you are new to the estate administration process and are having to deal with an unfamiliar system in stressful circumstances. Who should you inform when someone dies...
The tabloids have been reporting on a cautionary tale about divorce finances - the temptation to hide assets and the danger of relying on advice from the wrong places. Meet Mrs Byrne. Mrs Byrne was thinking about divorcing her husband. The problem...
The 2018 case of Waggott v Waggott confirmed that there is no presumption of sharing income, even very high levels of income, after a divorce . The recent case of O’Dwyer v O’Dwyer has revisited this thinking and provided some additional...
Thinking of selling your home? Don’t get caught out by the latest changes to Capital Gains Tax from HMRC. In this blog, Carolyn Byrne highlights the key facts and explains who needs to be the most vigilant when it comes to future property sales. ...
Health, wealth and happiness are the three most important things in our lives. But if you are a small business owner (less than 50 employees) the fact that your clients are failing to pay your invoices on time, may be making you ill. Not having the money you...
When a couple gets divorced then one or both parties’ pensions might be distributed between the couple. In many cases this is done by the pension owner having a percentage of their pension being deducted from their fund. That percentage is then...
As the school holidays approach, many people are busy making last minute plans to get some much needed sun. However, whilst you may be a parent or a person with care of a child, do you have the legal right to take them away? Many people, particularly...
On 15 July 2019, the Justice Secretary, David Gauke, announced the new Discount Rate figures used to calculate future losses in personal injury claims . Where a claimant’s injuries are long term or permanent, they may receive a lump sum award to...
A couple of recent cases have repeated the assertion that the concept of “judicious encouragement” should be consigned to the history books. Judicious encouragement was the practice of a family court judge ordering a potential beneficiary of a...
The recent Pensions Advisory Group report suggests that there are four answers to the “pensions before marriage” question. We need to be clear on a bit of terminology, however, before looking at the answers. First, remember that pensions can...
Pensions are often some of the largest assets in divorce settlements and can also be the most widely misunderstood. Neil Denny, divorce lawyer in Nottingham, explains that “because pensions do not typically provide an immediate benefit, it can be...
With the Wimbledon tournament opening on the 1 July 2019 we have seen the emergence of a new £70 million roof on Court One. Not just creating an impressive appearance to one of the largest courts, this also allows for the games to be sheltered from the...
Every week, The Law Society invites law firms to take part in #solicitorchat on twitter and gives them the opportunity to answer a few quick legal queries. On this occasion our Personal Injury team won! Here’s what happened … How can a...
Monday 17 June saw two contrasting stories relating to the Health and Safety Executive’s efforts to prevent injuries or fatalities in the workplace. Radio 4’s “Farming Today” featured Andrew Turner, Head of Agriculture at the HSE....
If you’re a service provider in the wedding industry, this is your time of year to shine. Whether you are a photographer, a make-up artist, or a venue, how do you protect yourself from the last minute cancellation of a wedding? Unfortunately this can...
