News & Library

Proposed Radon Action Plan

Radon is a radioactive gas that is formed by the radioactive decay of small amounts of uranium which naturally occur in all rocks and soils. It is colourless, odourless and reported as the biggest source of radiation exposure to the UK population in homes...

ASTs: new 'How to Rent' booklet released

If you are looking to grant a new assured shorthold tenancy (AST), or a fixed-term AST becomes periodic (normally by running on on a monthly basis) you must provide the tenant with a copy of the Ministry of Housing, Communities and Local Government’s...

Assets of Community Value

Assets of Community Value (“ACV”) are a relatively new statutory innovation introduced by Part 5 of the Localism Act 2011 (the “Act”) and the Assets of Community Value (England) Regulations 2012. The Act requires local authorities to...

Habberfield v. Habberfield Proprietary Estoppel

This recent case is a further illustration of the willingness of the Court to step in to give effect to promises of future conduct which are intended to be relied upon.  Lucy Habberfield worked on her family’s farm for 30 years and successfully...

Case B notices to quit: genuine severance of the reversion

Landlords serving Case B notices to quit in respect of agricultural tenancies following the grant of planning permission over part often overlook an important point of law. The rule at common law is that a notice to quit must relate to all of the demised...

Land Transaction Tax now in force in Wales

As of 1 April 2018, SDLT will no longer apply to properties in Wales. A new property tax system has been brought in known as the Land Transaction Tax (LTT). This operates in broadly the same way as for SDLT but returns and payments are made direct to the...

Neighbour liable for not controlling Japanese knotweed

Adam Smith and Eleanor Smith v Rosemary Line (February 2018) Following a trial in October 2017, the Truro County Court recently delivered judgment on a case concerning the spread of Japanese knotweed. Adam and Eleanor Smith asserted that their neighbour...

Creating a Fencing Easement by Express Grant

Churston Golf Club v Haddock [2018] EWHC 347 (Ch) Mr Haddock is a tenant farmer and neighbour to Churston Golf Club (the “Golf Club”). This was a dispute about an obligation to fence the boundary between their land. In simple terms Mr Haddock...

Case Update: Proprietary Estoppel & AHA Tenancy Arguments Advanced

Smyth-Tyrrell and another v Bowden [2018] EWHC 106 (Ch) (2 February 2018). Judgment has recently come out in a case that will be of interest to both landlords and tenants of rural property. The Claimants, Mr and Mrs Smyth-Tyrrell, were the tenants of...

New Minimum Energy Efficiency Standards - Private Rented Property

New minimum energy efficiency standards for private rented properties – in force 1 April 2018 From 1 April 2018, landlords of buildings within the scope of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the...

What are EPCs and when do you need one?

Energy Performance Certificates (EPCs) are a rating scheme to summarise the energy efficiency of buildings. The certificate gives an asset rating which places the energy efficiency of the property on a sliding scale using letters to indicate the bands:...

New Planning Regime for Wales

Law Commission – Planning Law in Wales Consultation Paper 1. The Welsh Government is currently consulting on the introduction of a new Planning Code with the aim of simplifying and modernising the planning system within Wales. The new Planning...

Water Abstraction Reform

Water Abstraction Reform In December 2017 the Department for Environment, Food and Rural Affairs (DEFRA) published a plan to reform water abstraction management in England. The plan includes three key reforms: Developing a stronger focus on catchment...

Loxley Firm Charity of the Year

We are pleased to confirm that Loxley have this year decided to support the Longfield Charity as our designated Firm Charity of the Year.  All proceeds of any charitable events which we undertake throughout the course of 2018 will be donated to this...

Agricultural Holdings Act 1986 - Case B Notices to Quit

We often get asked to advise landowners who own property that is let under the Agricultural Holdings Act 1986 (the “AHA 1986”) and who want to recover possession from their tenants for one reason or another. It is worth saying that we also often...
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