Existing legislation allows members of the public to claim a route that has been dedicated as a public right of way if it has been used continuously for 20 years without permission. The Highways Act 1980 31(6) allows landowners to register all definitive rights of way across their land at a point in time, to negate any claim for a new public right of way. The regulations changed in October 2013 and there is a new prescribed form which must be completed for any new Statements or Deposits, in addition to fees being charged by the Authority and public notices being displayed on the land.
Any Statement or Declaration submitted by the landowner under the Act prior to the 1st October 2013 was valid for 10 years and must be followed by a further Declaration within a 10 year period. However, on 1st October 2013 the period was extended to 20 years, therefore if you now submit a Declaration it will be valid for 20 years. There is also an opportunity for land owners to make a ‘statement of use’ to prevent their land being registered as a Town or Village Green, provided they are deposited before there has been 20 years of continuous recreational use of the land.
If you would like any further information please contact Laura Gaydon on 01608 661666 or email@example.com
New mortgage rules brought in this Spring by the FCA (Financial Conduct Authority), in order to reduce the possibility of a house price crisis as experienced in 2007, have already had a noticeable impact on property sales in all areas over recent weeks and months as mortgage AIP’s (Agreements in Principle) are revoked entirely or further conditions imposed following scrutiny of a prospective purchaser’s monthly outgoings.
Potential buyers will now be surprised to find that affordability tests include considerably more questioning from lenders as to their income and expenditure right down to the smallest detail rather than simply applying a multiplier of joint income as has been the case over many years. Stress testing of new borrowers may result in a much higher number of applications being turned down than has traditionally happened. The self-employed will also have to provide evidence of trading accounts over a number of years allied to a good credit rating. This will involve much longer interviews than has previously been the case depending on the applicant’s circumstances.
Perhaps of greater significance will be that existing borrowers may assume that they can “port” their mortgage deal when they move home or wish to remortgage – only to find that the new stress tests prevent them from doing so. This could result in borrowers becoming trapped in a mortgage commitment with a higher interest rate and unable to take up the opportunity of better deals.
Lenders advise that there are plenty of funds available for home purchase but that potential purchasers should allow more time to secure suitable funding and ideally should discuss their needs with their current lender or a mortgage advisor well in advance of making an offer for their dream property. This will prevent the considerable disappointment currently being experienced by many prospective purchasers who have agreed to buy a property and run up considerable professional fees only to be informed that their mortgage application has been turned down. Selling agents are also undertaking more detailed “proof of funds” checks with buyers before a sale is agreed in order to reduce the chances of a sale falling through when a buyer is willing but not able to proceed to contract.
Sheldon Bosley work closely with independent financial advisors who will be in a position to provide both clients and prospective purchasers with further advice regarding the effects of the new rules on their future mortgage requirements and further information regarding the implications can be obtained from Gabrielle Mallard MNAEA at the Stratford Office (01789 292310) or Philip Jones FNAEA at Shipston on Stour (01608 661666).
We are thrilled to have the opportunity to sponsor one of TV’s most loved personalities as he talks about his funny and honest memoir The Life and Loves of A He Devil on Friday 24th October at The Courtyard Theatre, Stratford upon Avon.
For more details and how to book tickets click here https://db.tt/11ECDVsC
Practical advice for farmers about the new Basic Payment Scheme
From 1st January 2015, it will be a requirement for all BPS claimants to comply with Greening obligations. Read our newsletter to find out more information and what YOU should be doing now. Don’t leave it until 2015. Contact us for further advice.
Click here https://db.tt/dq6f1UMi
Two opportunities have arisen to work within our busy Planning & Architectural team in South Warwickshire dealing with Planning Applications, Building Regulations Applications & Contract Management.
CAD skills are essential. Archicad training will be provided. Salary dependant on ability and experience. Pension scheme.
Expanding business with excellent long term prospects. Possible managerial position for the right candidate.
Please apply in writing to:
Sheldon Bosley, The Corner House, Market Place, Shipston on Stour, Warwickshire, CV36 4AG
Or by email
The Rural Land Agency division at Sheldon Bosley is pleased to offer some online help to farmers getting to grips with the new agricultural subsidy regime being introduced from 1st January 2015.
The new Basic Payment Scheme has elements to it which farmers and landowners will not be familiar with. There is a need for compliance under new ‘Greening’ regulations and introducing Environmental Focus Areas.
Sheldon Bosley have a series of CAP reform notes and updates which are sent to clients. For anyone not currently receiving these bulletins please register through the website www.sheldonbosley.co.uk.
All detailed queries should be directed to one of the rural team:
Contact at Shipston-on-Stour office: Marcus Faulkner or Laura Gaydon 01608 661666
Contact at Stratford upon Avon office: James Walton or Ted Beale 01789 292310
A fantastic effort from the crew of Sheldon Bosley’s entry, The Bosley Barge, at Sundays charity raft race held on the River Avon raised over £1,000 for the Cardiomyopathy Association (CMA).
The team successfully navigated the course to cross the finish line in Stratford in one piece, not a bad effort for a team with no previous rafting experience and a boat built from scratch.
The efforts of the Barge have raised over £1,000 for the 2014 charity chosen by the Lions, Cardiomyopathy Association (CMA) http://www.raftrace.org.uk/CMA_Introduction.html.
Sincere thanks for all the donations from our generous sponsors.
An incredibly rewarding, if exhausting, experience for the rafters guarantees that we will be entering a team for next year’s race.
The Partners at Sheldon Bosley are delighted to announce that Rose Smith and Laura Gaydon have accepted an invitation to join them as Associate Partners with immediate effect. Both Rose and Laura have contributed to the growth of the Agricultural Department, bringing with them new clients and building outstanding reputations with existing clients. Marcus Faulkner, Partner at the Shipston-on- Stour office stated “we are delighted that Rose and Laura have agreed to join the partnership as Associates and we look forward to working with them in the further progression of their careers”.
Rose and Laura are both Registered RICS Valuers, Members of RICS and Fellows of CAAV, qualifications partly or wholly obtained during their time with Sheldon Bosley. Working within the rapidly expanding agricultural department they provide advice on Landlord and Tenant matters, Single Payment Scheme applications, Valuations, Estate Management, Farm and Land Sales, Compensation and Compulsory Purchase. Laura can also advise on all Equine Property services.
If you feel they could assist you in any matter please contact them directly; Laura 01608 661666 firstname.lastname@example.org (pictured left) or Rose 01789 206761 email@example.com
Sheldon Bosley’s expanding Rural Land Agency Department seek a recently qualified Rural Surveyor or competent Trainee Surveyor with at least 1 year’s APC experience, to join and support their existing team in Shipston-on-Stour, Warwickshire. Sheldon Bosley is an independent firm of Chartered Surveyors in South Warwickshire offering Rural, Residential, Commercial, Planning and Architectural services.
The successful candidate will be expected to undertake all aspects of rural professional work including but not limited to Estate and Property Management, Valuations, Land and Property Sales, Landlord and Tenant, preparation of Farm Business Tenancies and Contract Farming Agreements, SPS/BPS subsidy claims, Environmental Stewardship agreements, easements and compensation.
Full support and training will be given to Candidates working towards their RICS and CAAV qualifications. We are looking for confident and enthusiastic individuals who conduct themselves in a professional manner and are keen to progress in their role beyond APC/CAAV qualification. The candidates must have good IT and communication skills, be highly organised and have the flexibility to work independently and as part of a team. A full UK driving licence is essential.
Salary and term will be dependent on experience, qualifications and ability.
Please apply with a covering letter and CV to Jane Corby at Sheldon Bosley, The Corner House, Market Place, Shipston on Stour, Warwickshire, CV36 4AG or via email firstname.lastname@example.org
Landlords Duty of Care
As a landlord you have a duty of care to provide a safe environment for your tenants on many levels and as part of this duty, the electrics within the property are an important consideration. Many recent surveys by the authorities have found that landlords are exposing themselves to significant financial risks, from fines and invalidated insurance policies, to not acting on their electrical safety obligations and thus not covering their liability. This also puts many UK private tenants at risk of serious harm, or the potential of a fire being caused.
Sheldon Bosley are able to assist you through every step when considering your responsibilities for your tenants safety thus taking the headache away from you and giving you confidence that you are performing well as a landlord. We have briefly outlined your responsibilities as follows:
Landlords are required by law to ensure:
- That the electrical installation in a rented property is safe when tenants move in and maintained in a safe condition throughout the duration of the tenancy.
- That a House in Multiple Occupation (HMO) has a periodic inspection carried out on the property every five years. If your property is not an HMO, you are not legally obliged to do this. However, it is strongly recommend and considered to be good practice to have a periodic inspection and test carried out by a registered electrician on your rental property at least every five years.
- That any appliance provided is safe and has at least the CE marking (which is the manufacturer’s claim that it meets all the requirements of European law).
To meet these requirements a landlord will need to regularly carry out basic safety checks to ensure that the electrical installation and appliances are safe and working.
Landlords should also make sure….
- That the property has adequate RCD protection
- That a registered electrician is used for any work on the property
- That regular safety checks are carried out on the electrical appliances provided as part of the rental agreement
There are a number of simple, visual checks that can be carried out when visiting a property during a tenancy period:
- Check that there is RCD protection in the fuse box
- Make sure that the plug sockets are not overloaded.
- Ensure that plugs and sockets are not damaged
- Check that visible cables and leads are in good condition
- Check that the light fittings are not visibly damaged
- Check that combustible materials are not being stored around the fuse box, electricity meter or electrical intake
- Cables are not trailed under carpets or rugs
- Check that mains-powered electrical items are not being used in the bathroom
Visual inspections can help to highlight any potential problems and an electrician can be called to investigate further. If however a tenant is not using the electrics in the correct manner, this can be pointed out to them and a note made, thus covering a landlords’ liability should any accidents occur due to misuse.
If you have any questions regarding electrical safety in a rental property please do not hesitate to contact one of our Lettings Team. Stratford upon Avon Office: 01789 292310 or Shipston on Stour Office: 01608 665473.