Your property questions answered

Tom Killen is a Chartered Surveyor and Partner in Killens and primarily undertakes work in the Professional Services team of Killens and below answers common questions that arise in carrying out tasks.

The Queen’s Speech 2021 announced an intention to publish the Government’s response to the 2019 consultation exercise and provide details of a private rented sector reform package in a white paper in autumn 2021. 

The white paper, ‘A fairer private rented sector’, was published on 16 June 2022 and it outlines proposals to abolish section 21 evictions and introduce a simpler, more secure tenancy structure. A tenancy will only end if the tenant ends it or if the landlord has a valid ground for possession. 

The grounds for possession will be reformed to ensure landlords have means to gain possession of their properties when necessary. New grounds will be created to allow landlords to sell or move close family members into the property. Grounds concerning persistent rent arrears and anti-social behaviour will be strengthened. With the recent changes in the Government, it is uncertain whether the paper will be presented to Parliament during 2022/2023 but it is assumed that it will be. 

I own 10 acres next to my house which I allow a neighbour to manage during the summer. They graze horses and sheep on the land. Should I have a written agreement with them? 

In letting land, there are two forms of agreement that are now generally used for pasture land – grazing licences and farm business tenancies. Most arrangements are on the basis of grazing licences as these allow the landowner to retain both control and occupation. Most licences allow for the grazing or mowing of grass between April and October. 

Written agreements are very useful in clarifying what has been agreed, what rights are being granted and what the obligations of each party are. In the absence of an agreement, there can be scope for disagreement and these can turn quite difficult. 

A Farm Business Tenancy is a lease of agricultural land for agricultural purposes commonly used when the landowner does not need to retain occupation of the land and where land is to be let for a prolonged period of time. 

Choosing the right form of agreement and having an agreement can be vital to avoid inadvertently giving the grazier/tenant statutory legal rights such as security of tenure where it may be difficult to bring an occupation to an end. This is particularly the case if horses are kept on the land. Horses are not considered livestock within the definition of agricultural use and if the wrong agreement is used in these circumstances, you may give the occupier security of tenure. 

I plan to replace the fence against my neighbour’s property, do I need planning permission? 

You will not need to apply for planning permission if you wish to erect a new; or alter, maintain, improve or take down an existing fence, wall or gate if the following conditions are met: 

• In regard to its height: 
  o it is next to a highway used by vehicles (or the footpath of such a highway) and it would not exceed one metre in height (from ground level); or 
  o it would not exceed two metres in height (from ground level) if elsewhere; or 
  o if an existing fence, wall or gate already exceeds the limits above, that its height would not be increased.
• No part of the site is a listed building or within the curtilage of a listed building.
• No part of the fence, wall, gate or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.
• The right to put up or alter fences, walls and gates has not been removed by an article four direction or a planning condition.
• If any of these conditions are not met, then you will need to apply for planning permission.