Entitlement

Employees

may

be

eligible

for

Statutory

Paternity

Leave

and

Pay

if

they

and

their

partner

are

having

a

baby

adopting

a

child

having

a

baby

through

a

surrogacy

arrangement

Statutory

Paternity

Leave

Employees

can

choose

to

take

either

week

or

consecutive

weeks

leave

The

amount

of

time

is

the

same

even

if

they

have

more

than

one

child

for

example

twins

Leave

can

not

start

before

the

birth

The

start

date

must

be

one

of

the

following

the

actual

date

of

birth

an

agreed

number

of

days

after

the

birth

an

agreed

number

of

days

after

the

expected

week

of

childbirth

Leave

must

finish

within

days

of

the

birth

or

due

date

if

the

baby

is

early

The

start

and

end

dates

are

different

if

the

employee

is

adopting

Statutory

Paternity

Pay

Statutory

Paternity

Pay

for

eligible

employees

is

either

a

week

or

of

their

average

weekly

earnings

whichever

is

lower

Tax

and

National

Insurance

need

to

be

deducted

Calculate

an

employee

’s

paternity

leave

and

pay

using

the

maternity

and

paternity

calculator

Some

employment

types

like

agency

workers

directors

and

educational

workers

have

different

rules

for

entitlement

Extra

leave

or

pay

Employees

can

get

more

leave

or

pay

if

their

partner

returns

to

work

and

they

qualify

for

Shared

Parental

Leave

and

Pay

your

company

scheme

offers

more

You

must

make

sure

your

paternity

leave

and

pay

policies

are

clear

and

easily

accessible

to

staff

Leave

for

antenatal

appointments

Employees

can

take

unpaid

leave

to

accompany

a

pregnant

woman

to

antenatal

appointments

if

they

are

the

baby

’s

father

the

expectant

mother

’s

spouse

or

civil

partner

in

a

long

term

relationship

with

the

expectant

mother

the

intended

parent

if

they

’re

having

a

baby

through

a

surrogacy

arrangement

They

can

accompany

the

woman

to

appointments

of

up

to

and

a

half

hours

each

If

the

baby

dies

Employees

still

qualify

for

paternity

leave

and

pay

if

the

baby

is

either

stillborn

from

weeks

of

pregnancy

born

alive

at

any

point

in

the

pregnancy

but

later

dies

Employment

rights

An

employee

’s

employment

rights

like

the

right

to

pay

holidays

and

returning

to

a

job

are

protected

during

paternity

leave

You

still

have

to

pay

Statutory

Paternity

Pay

even

if

you

stop

trading

Eligibility

Employees

must

be

one

of

the

following

the

father

husband

or

partner

of

the

mother

or

adopter

child

’s

adopter

intended

parent

if

they

’re

having

a

baby

through

a

surrogacy

arrangement

Employees

must

also

be

classed

as

an

employee

paternity

leave

only

be

employed

by

you

up

to

the

date

the

child

is

born

or

placed

with

the

adopter

paternity

pay

only

be

on

your

payroll

and

earn

at

least

a

week

gross

in

an

week

relevant

period

paternity

pay

only

give

you

the

correct

notice

be

taking

time

off

to

look

after

the

child

or

their

partner

be

responsible

for

the

child

’s

upbringing

have

been

continuously

employed

by

you

for

at

least

weeks

up

to

any

day

in

the

qualifying

week

If

your

employee

usually

earns

an

average

of

or

more

a

week

and

they

only

earned

less

in

some

weeks

because

they

were

paid

but

not

working

on

furlough

under

the

Coronavirus

Job

Retention

Scheme

they

may

still

be

eligible

The

qualifying

week

is

the

week

before

the

baby

is

due

This

is

different

if

the

employee

is

adopting

Use

the

paternity

pay

calculator

to

check

an

employee

’s

eligibility

and

work

out

their

relevant

period

notice

period

and

paternity

pay

There

are

special

rules

for

some

employee

situations

for

example

if

they

leave

or

become

sick

If

the

child

is

born

early

If

the

child

is

born

early

the

employee

is

still

eligible

if

they

would

have

worked

for

you

continuously

for

at

least

weeks

by

the

qualifying

week

For

very

premature

births

where

the

child

is

born

weeks

before

the

due

date

you

’ll

need

to

calculate

paternity

pay

using

your

payroll

software

if

it

has

this

feature

or

work

it

out

manually

Employees

in

surrogacy

arrangements

Parents

intending

to

have

a

child

through

a

surrogacy

arrangement

may

be

eligible

for

Statutory

Paternity

Pay

and

Leave

If

you

ask

they

must

give

you

a

written

statement

to

confirm

that

they

’ve

applied

or

intend

to

apply

for

a

parental

order

in

the

months

after

the

baby

’s

birth

Employees

can

not

get

Statutory

Paternity

Pay

and

Leave

if

they

’ve

taken

Shared

Parental

Leave

Notice

period

The

notice

periods

and

forms

are

different

if

the

employee

is

adopting

Statutory

Paternity

Leave

Employees

must

tell

you

at

least

weeks

before

the

week

the

baby

is

expected

the

baby

’s

due

date

when

they

want

their

leave

to

start

they

can

change

this

with

days

notice

how

much

leave

they

want

Notice

does

not

have

to

be

in

writing

unless

you

request

it

Employees

can

use

form

to

ask

for

leave

and

pay

Statutory

Paternity

Pay

Employees

must

request

paternity

pay

at

least

weeks

before

the

week

the

baby

is

expected

using

form

or

your

own

version

Take

a

copy

and

give

the

original

back

to

the

employee

Employees

having

a

baby

through

a

surrogacy

arrangement

must

use

form

to

request

leave

and

pay

Late

notice

You

can

delay

the

leave

or

pay

start

date

if

the

employee

does

not

have

a

reasonable

excuse

for

giving

you

the

wrong

amount

of

notice

To

delay

it

write

to

them

within

days

of

their

leave

request

Adoption

Eligible

employees

are

entitled

to

paternity

leave

and

pay

if

they

’re

adopting

a

child

Calculate

an

employee

’s

paternity

leave

and

pay

using

the

maternity

and

paternity

calculator

For

overseas

adoptions

you

’ll

need

to

use

your

payroll

software

if

it

has

this

feature

or

work

it

out

manually

Eligibility

An

employee

adopting

a

child

must

have

been

continuously

employed

by

you

for

at

least

weeks

up

to

any

day

in

the

week

they

were

matched

with

a

child

UK

adoptions

have

been

continuously

employed

by

you

for

at

least

weeks

by

either

the

date

the

child

arrives

in

the

UK

or

when

they

want

their

pay

to

start

overseas

adoptions

confirm

that

their

partner

is

getting

Statutory

Adoption

Pay

in

writing

or

by

giving

you

a

copy

of

their

partner

’s

form

meet

the

other

eligibility

conditions

for

paternity

leave

or

pay

Notice

period

An

employee

adopting

a

child

must

send

you

form

for

leave

no

later

than

days

of

their

co

adopter

or

partner

being

matched

with

a

child

pay

days

before

they

want

their

pay

to

start

For

overseas

adoptions

the

form

and

notice

period

is

different

The

process

is

explained

on

form

Leave

start

date

An

employee

taking

paternity

leave

because

they

’re

adopting

can

start

their

leave

on

the

date

of

placement

an

agreed

number

of

days

after

the

date

of

placement

on

the

date

the

child

arrives

in

the

UK

or

an

agreed

number

of

days

after

this

overseas

adoptions

For

overseas

adoptions

leave

must

be

taken

within

days

of

the

date

of

placement

or

the

child

’s

arrival

in

the

UK

Proof

of

adoption

Employees

must

give

you

proof

of

adoption

to

qualify

for

paternity

pay

Proof

is

not

needed

for

paternity

leave

unless

you

request

it

Proof

can

be

a

letter

from

their

adoption

agency

or

their

matching

certificate

You

must

keep

records

of

the

proof

Refuse

pay

form

You

can

refuse

Statutory

Paternity

Pay

if

the

employee

does

not

qualify

To

do

this

send

them

form

within

days

of

their

pay

request

You

must

keep

a

copy

The

employee

can

ask

you

for

a

written

statement

explaining

your

decision

You

have

to

give

this

to

them

within

a

reasonable

time

for

example

working

days

Record

keeping

You

must

keep

records

for

HM

Revenue

and

Customs

HMRC

including

the

date

Statutory

Paternity

Pay

started

the

paternity

payments

you

’ve

made

including

dates

the

payments

you

’ve

reclaimed

any

weeks

you

did

not

pay

and

why

if

adopting

a

letter

from

the

adoption

agency

or

a

matching

certificate

You

must

keep

records

for

years

from

the

end

of

the

tax

year

they

relate

to

for

example

by

using

form

or

keeping

your

own

records

Help

with

statutory

pay

For

financial

help

with

statutory

pay

you

can

reclaim

payments

usually

apply

for

an

advance

if

you

can

not

afford

payments


Overview

You

can

ask

your

employer

to

set

up

a

European

Works

Council

EWC

if

you

work

for

a

company

with

offices

across

the

European

Economic

Area

EEA

An

EWC

is

a

forum

where

your

company

can

tell

you

about

plans

and

decisions

at

the

same

time

as

employees

in

other

countries

this

is

known

as

being

informed

exchange

views

with

you

in

the

same

way

as

employees

in

other

countries

this

is

known

as

being

consulted

An

EWC

only

informs

and

consults

on

issues

that

affect

more

than

one

country

where

the

business

operates

Who

can

ask

for

a

European

Works

Council

You

can

ask

your

employer

to

set

up

an

EWC

if

they

have

at

least

employees

in

the

EEA

employees

in

each

of

at

least

countries

in

the

EEA

You

can

write

to

your

employer

to

find

out

information

for

example

how

many

employees

it

has

or

where

it

operates

to

help

you

make

your

request

Your

employer

can

also

set

up

an

EWC

without

waiting

for

a

request

After

you

’ve

made

your

request

Your

employer

will

set

up

a

special

negotiating

body

SNB

to

negotiate

an

EWC

agreement

with

central

management

of

the

business

You

can

complain

about

the

way

an

EWC

has

been

set

up

or

run

Make

a

request

Write

to

your

employer

to

ask

them

to

set

up

a

European

Works

Council

EWC

It

must

be

backed

by

at

least

employees

from

at

least

European

Economic

Area

EEA

sites

Send

it

to

the

central

or

local

management

of

the

business

Your

employer

can

challenge

your

request

for

an

EWC

if

they

think

the

request

is

not

valid

for

example

because

the

business

does

not

employ

enough

people

there

’s

an

existing

information

and

consultation

agreement

After

you

've

made

your

request

After

your

request

for

a

European

Works

Council

EWC

is

accepted

your

employer

must

set

up

a

special

negotiating

body

SNB

The

SNB

will

discuss

how

the

EWC

will

be

set

up

and

run

with

the

central

management

The

time

limit

for

negotiations

is

years

The

SNB

must

have

at

least

one

member

from

each

of

the

countries

where

the

business

has

a

site

be

set

up

within

months

from

when

the

request

for

an

EWC

was

accepted

If

there

’s

an

agreement

You

’ll

get

a

written

agreement

for

either

an

EWC

one

or

more

alternative

information

and

consultation

arrangements

If

an

agreement

is

not

made

The

SNB

can

only

end

negotiations

or

decide

not

to

open

negotiations

after

a

ballot

has

been

held

and

a

two

thirds

majority

reached

You

’ll

have

to

wait

years

to

make

a

new

application

Make

a

complaint

Complain

in

writing

to

the

Central

Arbitration

Committee

CAC

about

the

way

a

European

Works

Council

EWC

has

been

set

up

or

run

Complaints

about

requests

for

information

You

can

complain

if

your

employer

does

not

provide

information

about

the

size

or

structure

of

the

company

provides

inaccurate

information

about

the

size

or

structure

of

the

company

You

must

wait

a

month

after

making

a

formal

request

for

an

EWC

before

you

can

complain

Complaints

about

creating

the

Special

Negotiating

Body

You

can

complain

about

incorrect

ballot

arrangements

to

create

a

special

negotiating

body

SNB

Complaints

about

creating

the

European

Works

Council

You

can

complain

that

an

EWC

has

not

been

set

up

even

though

there

have

been

negotiations

your

employer

has

not

followed

the

right

procedure

for

running

an

EWC

How

to

complain

Write

to

CAC

and

include

the

following

information

the

name

job

and

full

contact

details

of

the

person

making

a

complaint

and

the

person

or

business

you

’re

complaining

about

the

right

regulation

number

for

the

complaint

you

’re

making

the

reasons

for

your

complaint

Send

your

complaint

by

email

or

by

post

to

CAC

CAC

will

get

in

touch

for

more

information

as

they

need

it


Overview

If

there

’s

a

workplace

dispute

at

your

business

you

should

try

to

resolve

it

informally

or

through

an

impartial

third

party

arbitration

Get

advice

on

handling

disputes

and

conflict

in

the

workplace

on

the

Acas

Advisory

Conciliation

and

Arbitration

Service

website

You

could

work

with

a

trade

union

to

solve

a

dispute

as

well

as

with

non

union

employee

representatives

If

you

can

not

resolve

a

dispute

workers

in

a

recognised

trade

union

may

consider

taking

industrial

action

A

trade

union

can

only

call

for

industrial

action

if

the

dispute

can

not

be

solved

by

informal

negotiations

or

arbitration

a

majority

of

the

members

involved

support

it

through

a

postal

ballot

before

organising

one

the

union

has

to

decide

which

members

it

wants

to

ask

to

take

industrial

action

Types

of

industrial

action

might

include

a

strike

or

action

short

of

a

strike

for

example

not

working

overtime

If

workers

go

on

strike

you

do

not

have

to

pay

them

for

the

hours

lost

Using

agency

workers

to

cover

during

a

strike

Agencies

are

not

allowed

to

supply

workers

specifically

to

cover

work

that

is

not

being

done

during

lawful

industrial

action

Agency

workers

already

in

place

as

part

of

your

normal

business

can

carry

on

as

usual

Dismissing

workers

who

take

industrial

action

As

an

employer

you

may

face

unfair

dismissal

claims

if

you

dismiss

employees

within

the

first

weeks

of

lawful

industrial

action

for

taking

part

some

workers

for

taking

part

in

the

action

but

not

others

all

employees

but

re

hire

only

some

of

them

Some

employees

might

have

protection

from

unfair

dismissal

for

more

than

weeks

Lawful

industrial

action

Trade

unions

only

have

statutory

immunity

if

the

industrial

action

is

lawful

Statutory

immunity

means

that

trade

unions

and

their

members

are

protected

from

legal

action

in

civil

law

There

’s

no

legal

immunity

in

criminal

law

for

strikers

or

organisers

who

break

the

law

for

example

by

intentionally

damaging

property

or

trespassing

When

industrial

action

is

lawful

There

must

be

a

trade

dispute

a

dispute

between

you

and

your

workers

about

employment

related

issues

a

properly

conducted

industrial

action

ballot

a

written

notice

of

industrial

action

sent

to

you

The

industrial

action

must

not

be

secondary

action

for

example

action

taken

by

workers

whose

employer

is

not

involved

in

the

trade

dispute

be

in

support

of

an

employee

dismissed

for

taking

unofficial

industrial

action

promote

closed

shop

practices

such

as

when

employers

agree

to

employ

only

union

members

or

enforce

trade

union

membership

against

non

union

firms

involve

unlawful

picketing

When

civil

proceedings

can

take

place

If

the

union

or

individuals

do

not

follow

these

conditions

they

do

not

have

statutory

immunity

This

means

that

you

and

anyone

else

affected

by

the

industrial

action

can

take

civil

proceedings

in

the

courts

as

long

as

all

the

following

apply

an

unlawful

unprotected

act

has

happened

or

been

threatened

the

action

breaks

a

contract

that

you

’re

a

party

to

you

’ve

suffered

or

are

likely

to

suffer

loss

as

a

result

Strike

pay

and

working

records

You

can

ask

your

employees

if

they

’re

planning

to

strike

so

that

you

can

tell

what

effect

the

strike

will

have

but

they

do

not

have

to

tell

you

their

plans

Deducting

pay

You

do

not

have

to

pay

employees

who

are

on

strike

If

workers

take

action

short

of

a

strike

and

refuse

to

carry

out

part

of

their

contractual

work

this

is

called

partial

performance

If

you

refuse

to

accept

partial

performance

you

must

tell

employees

that

they

should

only

attend

work

if

they

fulfil

their

contractual

duties

if

they

do

not

fulfil

the

terms

of

their

employment

contract

you

do

not

have

to

pay

them

If

you

do

accept

partial

performance

you

must

still

pay

employees

for

any

work

that

they

have

done

How

much

pay

to

deduct

during

a

strike

You

should

only

deduct

the

amount

that

the

employee

would

have

earned

during

the

strike

How

you

work

this

out

may

depend

on

how

they

are

paid

for

example

hourly

weekly

or

monthly

and

on

the

terms

of

their

employment

contract

You

can

not

deduct

an

employee

’s

pay

if

they

were

not

supposed

to

be

working

on

the

day

of

the

strike

Effect

on

continuous

employment

and

length

of

service

If

employees

return

to

work

after

the

strike

their

continuous

employment

is

not

affected

they

continue

to

be

employed

by

you

This

means

that

the

terms

and

conditions

of

their

employment

contracts

still

apply

during

and

after

the

strike

However

days

when

they

were

on

strike

do

not

count

towards

their

total

length

of

service

this

may

be

important

for

working

out

things

like

statutory

redundancy

pay

or

pensions

Picketing

during

strikes

During

the

strike

workers

and

union

reps

may

stand

outside

the

place

of

work

to

explain

why

they

’re

striking

and

try

to

persuade

others

to

join

the

strike

This

is

called

picketing

It

’s

only

lawful

if

it

’s

carried

out

near

or

at

the

strikers

usual

place

of

work

unless

they

are

mobile

workers

done

peacefully

without

abusive

or

threatening

behaviour

not

breaking

any

criminal

laws

for

example

damaging

property

or

obstructing

roads

You

may

be

able

to

take

legal

action

if

picketing

is

unlawful

Non

union

employees

and

strikes

You

can

ask

non

union

employees

to

cover

work

during

a

strike

as

long

as

this

is

allowed

by

their

employment

contracts

you

do

not

discriminate

against

any

employee

directly

or

indirectly

Non

union

staff

and

striking

If

non

union

members

go

on

strike

they

are

protected

from

dismissal

and

have

the

same

rights

as

union

members

as

long

as

the

industrial

action

is

lawful

Agency

staff

You

can

not

hire

agency

staff

to

provide

temporary

work

cover

during

a

strike

Agency

staff

who

are

already

in

place

as

part

of

normal

business

can

carry

on

as

usual


Overview

You

must

follow

safety

regulations

and

check

whether

you

need

insurance

if

you

own

a

boat

You

usually

need

to

register

your

boat

to

use

it

on

inland

waterways

such

as

rivers

and

canals

Contact

the

navigation

authority

of

the

waterway

you

want

to

use

Boat

safety

requirements

There

are

different

safety

requirements

depending

on

whether

you

use

your

boat

on

inland

waterways

at

sea

for

private

or

commercial

purposes

Insurance

You

may

need

to

get

insurance

before

you

can

register

and

use

your

boat

Register

your

boat

You

can

apply

for

a

boat

licence

or

registration

once

you

’ve

met

the

relevant

safety

and

insurance

requirements

Safety

on

inland

waterways

You

may

need

to

get

a

Boat

Safety

Scheme

BSS

certificate

before

you

can

register

or

buy

a

licence

to

use

inland

waterways

eg

rivers

and

canals

You

do

n’t

need

a

certificate

if

you

have

a

privately

owned

open

boat

with

no

motor

eg

a

canoe

paddleboard

or

rowboat

Some

other

types

of

boat

eg

privately

owned

open

boats

with

outboard

motors

and

no

electrical

systems

may

also

be

exempt

check

with

the

navigation

authority

that

manages

your

chosen

waterway

All

boats

requiring

a

BSS

certificate

have

to

be

tested

every

years

You

’re

responsible

for

maintaining

your

boat

to

BSS

certificate

standards

between

tests

Find

the

latest

boat

safety

notices

Rules

of

the

waterways

You

must

drive

on

the

right

and

pass

other

boats

port

to

port

on

all

waterways

On

rivers

the

boat

coming

downstream

has

right

of

way

Under

bridges

the

boat

closest

to

the

bridge

has

right

of

way

Keep

right

until

the

boat

has

passed

The

maximum

speed

on

narrow

canals

is

miles

per

hour

mph

The

Boater

’s

Handbook

gives

more

information

on

waterway

rules

New

boats

New

boats

should

already

meet

the

standards

so

you

wo

n’t

need

to

have

it

checked

You

may

be

asked

for

the

certificate

proving

that

your

new

boat

meets

the

required

standards

when

you

register

it

You

’ll

need

to

get

a

BSS

certificate

after

years

and

renew

it

every

years

after

that

unless

you

’re

exempt

Penalty

for

not

having

a

certificate

You

’ll

be

penalised

if

you

do

n’t

have

a

certificate

for

your

boat

and

are

n’t

exempt

The

penalty

depends

on

which

navigation

authority

manages

the

waterway

you

’re

using

If

you

own

a

commercial

boat

You

may

need

a

BSS

certificate

if

your

boat

carries

less

than

passengers

check

the

BSS

guidance

You

’ll

need

a

Passenger

Certificate

issued

by

the

Maritime

and

Coastguard

Agency

MCA

if

you

’re

carrying

more

than

passengers

You

should

also

check

whether

you

need

any

statutory

certificates

to

meet

any

other

requirements

Safety

at

sea

You

must

follow

international

safety

regulations

if

you

’re

using

a

boat

at

sea

This

means

you

must

plan

your

voyage

carry

a

radar

reflector

carry

an

illustrated

table

of

the

recognised

life

saving

signals

help

other

craft

if

needed

use

distress

signals

properly

You

could

be

prosecuted

if

you

’re

involved

in

a

boating

accident

and

you

have

n’t

followed

the

regulations

Read

the

Maritime

and

Coastguard

Agency

’s

Life

saving

signals

leaflet

for

more

information

Preventing

collisions

The

regulations

on

preventing

collisions

say

that

you

must

fit

navigation

lights

shapes

and

sound

signalling

devices

on

your

boat

stay

a

safe

distance

away

from

other

boats

and

diving

boats

flying

the

blue

and

white

Alpha

flag

be

alert

to

other

boats

around

you

at

all

times

Read

The

Merchant

Shipping

Distress

Signals

and

Prevention

of

Collisions

Regulations

for

more

information

Safety

equipment

If

your

boat

is

more

than

metres

long

you

must

carry

lifejackets

liferafts

flares

fire

extinguishers

The

specific

details

of

what

you

need

to

carry

depends

on

the

size

of

your

boat

and

how

far

you

’re

travelling

away

from

the

coast

See

the

regulations

applicable

to

pleasure

vessels

Preventing

pollution

You

must

n’t

drop

oil

or

rubbish

into

the

sea

If

your

boat

is

more

than

metres

long

you

must

also

display

a

notice

on

board

explaining

how

to

get

rid

of

rubbish

properly

For

more

information

read

the

regulations

for

preventing

pollution

from

ships

Getting

rid

of

old

or

damaged

flares

You

must

follow

the

rules

for

getting

rid

of

out

of

date

or

damaged

flares

It

’s

an

offence

to

put

them

in

household

rubbish

garden

waste

or

public

litter

bins

dump

them

at

sea

leave

them

anywhere

a

member

of

the

public

could

find

them

set

them

off

You

should

contact

any

of

the

following

the

place

you

bought

them

if

they

offer

a

take

back

scheme

some

marinas

a

small

charge

may

apply

some

liferaft

service

stations

some

council

recycling

centres

You

may

also

be

able

to

dispose

of

them

at

a

Coastguard

Operations

Centre

You

must

book

an

appointment

in

advance

If

you

own

a

commercial

boat

If

you

own

a

small

commercial

boat

you

may

also

have

to

meet

certain

operational

standards

have

the

boat

surveyed

Insurance

You

should

check

what

kind

of

insurance

you

need

it

depends

on

how

and

where

you

use

your

boat

If

you

’re

using

inland

waterways

You

’ll

usually

need

to

have

third

party

insurance

for

at

least

million

if

you

have

a

powered

boat

or

a

houseboat

You

may

also

need

insurance

for

some

types

of

unpowered

boat

eg

a

houseboat

check

with

the

navigation

authority

that

manages

the

waterway

you

want

to

use

You

could

be

prosecuted

or

fined

if

you

do

n’t

have

the

right

insurance

the

kind

of

penalty

depends

on

your

navigation

authority

The

Canal

and

River

Trust

website

has

a

list

of

insurance

companies

that

provide

boat

insurance

If

you

’re

using

a

boat

at

sea

Check

the

MCA

guidance

if

you

own

a

small

commercial

boat

you

may

need

statutory

certificates


Overview

As

a

landowner

you

must

manage

and

maintain

land

with

hedgerows

and

watercourses

trees

and

woodland

dry

stone

walls

You

also

have

obligations

if

you

own

or

occupy

a

scheduled

monument

Rural

landscapes

and

features

are

protected

by

planning

policies

and

laws

through

the

Rural

Development

Programme

for

England

through

cross

compliance

set

rules

for

farming

and

land

management

You

can

apply

for

funding

schemes

to

help

you

protect

your

land

Funding

and

cross

compliance

You

can

apply

for

funding

to

protect

rural

landscapes

and

features

through

the

Basic

Payment

Scheme

main

EU

agricultural

subsidy

scheme

supporting

environmentally

friendly

farming

practices

Countryside

Stewardship

offers

financial

rewards

for

good

land

management

which

improves

the

quality

of

the

environment

Cross

compliance

To

get

funding

from

EU

and

UK

rural

development

schemes

you

need

to

meet

a

set

of

rules

known

as

cross

compliance

Hedgerows

and

watercourses

If

you

own

land

with

hedgerows

or

watercourses

you

must

do

everything

you

reasonably

can

to

keep

green

cover

natural

vegetation

on

land

within

metres

of

the

centre

of

a

hedgerow

watercourse

or

field

ditch

within

metre

of

the

top

of

the

bank

of

a

watercourse

or

field

ditch

It

’s

against

the

law

to

remove

or

destroy

certain

hedgerows

without

permission

from

your

local

planning

authority

You

must

also

make

sure

you

do

not

cultivate

or

apply

fertilisers

or

pesticides

on

these

strips

of

green

cover

cut

or

trim

hedgerows

between

March

and

August

Find

more

information

on

hedgerow

protection

and

management

Trees

and

woodland

The

Forestry

Commission

has

guidance

on

managing

woodlands

and

minimising

damage

to

them

Tree

felling

and

Tree

Preservation

Orders

TPOs

You

must

get

written

consent

from

your

local

planning

authority

before

you

damage

or

destroy

uproot

top

or

lop

any

trees

that

are

protected

by

TPOs

You

must

also

give

days

written

notice

to

your

local

planning

authority

if

you

wish

to

cut

down

any

tree

in

a

conservation

area

You

may

need

a

felling

licence

from

the

Forestry

Commission

to

fell

trees

Environmental

Impact

Assessment

EIA

of

forestry

projects

You

need

an

EIA

if

you

’re

creating

new

woodland

permanently

removing

woodland

doing

forest

road

works

doing

forest

related

quarrying

You

may

also

need

permission

from

the

Forestry

Commission

before

you

begin

the

work

Funding

for

woodlands

Grants

for

woodland

are

available

under

the

Countryside

Stewardship

and

the

Woodland

Carbon

Fund

Dry

stone

walls

Stone

walls

of

all

types

are

important

as

landscape

features

and

for

stock

management

Dry

stone

walls

are

walls

made

without

the

use

of

mortar

or

cement

If

you

have

dry

stone

walls

on

your

land

you

should

check

their

condition

at

least

once

a

year

remove

any

vegetation

to

help

to

air

the

wall

and

prevent

frost

damage

use

local

stone

to

make

any

repairs

prevent

trees

from

growing

alongside

as

their

roots

can

weaken

wall

foundations

You

must

not

remove

a

dry

stone

wall

or

remove

stone

from

it

except

in

special

cases

Contact

the

Dry

Stone

Walling

Association

for

more

information

Funding

for

dry

stone

walls

Countryside

Stewardship

funding

is

available

to

farmers

and

land

managers

for

dry

stone

wall

restoration

Scheduled

monuments

A

scheduled

monument

is

a

site

that

’s

legally

protected

because

of

its

historical

importance

Scheduled

monuments

might

be

archaeological

sites

such

as

ancient

burial

mounds

more

recent

remains

such

as

from

the

coal

industry

or

World

War

You

need

written

permission

from

your

regional

Historic

England

office

to

carry

out

work

on

a

scheduled

monument

You

may

also

need

planning

permission

from

your

council

You

can

download

A

Guide

for

Owners

and

Occupiers

of

Scheduled

Monuments

Grants

for

scheduled

monuments

You

may

be

able

to

get

a

Historic

England

grant

to

help

maintain

or

repair

a

scheduled

monument


Overview

You

must

follow

the

rules

for

hunting

and

shooting

wildlife

including

what

you

can

hunt

or

shoot

when

you

can

do

it

what

equipment

you

can

use

You

can

be

fined

or

jailed

for

hunting

illegally

or

causing

unnecessary

suffering

to

an

animal

You

must

have

permission

from

the

land

owner

Firearms

and

shotgun

certificates

You

must

get

a

certificate

to

use

a

shotgun

rifle

or

other

firearm

You

do

n’t

need

a

certificate

for

air

rifles

up

to

ft

lb

in

power

air

pistols

up

to

ft

lb

in

power

You

ca

n’t

use

bows

or

crossbows

explosives

other

than

the

legal

ammunition

for

a

firearm

Managing

wildlife

and

controlling

pests

There

are

different

rules

about

what

you

can

do

to

manage

wildlife

on

your

land

or

control

pests

on

your

property

Birds

You

can

shoot

certain

species

of

game

birds

quarry

birds

and

waterfowl

but

only

during

the

shooting

season

Sometimes

you

can

only

shoot

in

certain

locations

for

example

you

ca

n’t

shoot

some

waterfowl

above

the

high

water

line

You

ca

n’t

shoot

birds

in

the

closed

season

You

must

get

a

falconry

licence

to

hunt

birds

with

a

falcon

Equipment

If

you

’re

using

a

shotgun

to

shoot

birds

the

internal

diameter

of

the

shotgun

ca

n’t

be

more

than

inches

You

ca

n’t

use

a

firearm

that

can

hold

more

than

rounds

of

ammunition

in

the

magazine

such

as

an

automatic

or

semi

automatic

weapon

artificial

lighting

a

sighting

device

for

night

shooting

or

a

device

for

lighting

up

targets

Mammals

There

are

different

rules

for

foxes

deer

and

other

mammals

Foxes

It

’s

illegal

to

hunt

foxes

with

a

pack

of

dogs

You

can

use

dogs

to

simulate

hunting

for

example

drag

or

trail

hunting

You

can

use

up

to

dogs

to

chase

flush

or

stalk

foxes

out

of

hiding

if

the

fox

is

causing

damage

to

your

property

or

the

environment

Your

dogs

ca

n’t

go

underground

to

find

the

foxes

unless

they

’re

threatening

wild

or

game

birds

kept

for

shooting

only

one

dog

can

go

underground

at

any

time

You

must

shoot

the

fox

quickly

after

it

’s

been

found

carry

proof

you

own

the

land

you

’re

shooting

on

or

written

permission

from

the

landowner

You

can

be

fined

and

your

dogs

or

hunting

equipment

taken

away

if

you

break

the

law

There

are

other

ways

you

can

control

foxes

if

they

’re

causing

damage

to

your

property

or

the

environment

Deer

You

must

follow

the

restrictions

on

when

you

can

shoot

deer

and

what

type

of

firearms

and

ammunition

you

can

use

You

need

a

licence

to

shoot

deer

in

the

closed

season

at

night

at

any

time

of

the

year

You

ca

n’t

use

a

vehicle

to

chase

deer

Other

mammals

You

can

hunt

or

shoot

some

other

mammals

There

are

rules

on

when

you

can

hunt

or

shoot

and

what

equipment

you

can

use


Overview

You

have

to

follow

certain

regulations

if

you

have

an

oil

storage

container

at

your

home

business

or

farm

Oil

storage

containers

include

tanks

drums

intermediate

bulk

containers

IBCs

and

mobile

containers

called

bowsers

The

person

responsible

for

the

property

or

premises

is

usually

legally

responsible

for

the

oil

storage

container

for

example

the

homeowner

business

owner

or

site

manager

Which

regulations

to

follow

The

regulations

are

different

depending

on

where

you

store

your

oil

At

your

home

You

normally

have

to

follow

building

regulations

if

you

have

an

oil

storage

container

installed

at

your

home

If

your

storage

container

can

hold

litres

or

more

you

must

follow

the

regulations

for

businesses

At

your

business

You

have

to

follow

oil

storage

regulations

if

the

container

at

your

business

can

hold

litres

or

more

of

certain

types

of

oil

The

regulations

for

businesses

also

apply

to

public

sector

buildings

like

schools

hospitals

churches

and

residential

care

homes

At

your

farm

You

have

to

follow

different

regulations

depending

on

whether

you

’re

storing

oil

for

heat

and

power

for

agriculture

for

example

to

fuel

your

tractor

or

run

a

grain

dryer

to

heat

your

farmhouse

for

a

separate

part

of

your

business

for

example

to

fuel

vehicles

you

hire

out

Checking

and

labelling

your

tank

You

should

get

your

oil

storage

container

inspected

every

year

by

a

professional

The

person

inspecting

your

tank

will

let

you

know

when

you

should

replace

it

Oil

Care

suggest

that

you

look

at

your

oil

tank

at

least

once

a

month

and

learn

what

to

do

if

you

have

an

oil

leak

or

spill

Storing

oil

at

your

home

You

must

meet

building

regulations

if

you

have

a

new

or

replacement

oil

storage

container

installed

at

your

home

in

England

for

example

to

fuel

your

cooker

or

central

heating

Building

regulations

are

different

if

your

home

is

in

Wales

Scotland

or

Northern

Ireland

If

your

storage

container

can

hold

litres

or

more

you

must

follow

the

regulations

for

businesses

Choosing

someone

to

install

your

tank

You

should

choose

someone

who

’s

registered

with

a

Competent

Person

scheme

They

can

self

certify

that

their

work

complies

with

building

regulations

and

can

deal

with

building

control

issues

like

objections

If

you

do

not

use

someone

registered

with

a

Competent

Person

scheme

you

’ll

have

to

get

a

Building

Control

Notice

from

your

local

council

and

arrange

and

pay

for

an

inspection

yourself

Without

approval

you

will

not

have

the

certificates

of

compliance

you

may

need

when

you

want

to

sell

your

home

Penalties

The

person

installing

your

tank

could

be

prosecuted

and

fined

if

they

do

not

comply

with

building

regulations

You

’re

also

responsible

for

making

sure

their

work

meets

the

regulations

Your

local

authority

could

make

you

pay

for

faulty

work

to

be

fixed

Catching

oil

leaks

and

spills

The

person

installing

your

tank

will

do

a

risk

assessment

and

they

’ll

let

you

know

if

your

tank

has

to

have

secondary

containment

a

bund

The

bund

must

hold

of

the

tank

’s

capacity

be

impermeable

to

oil

and

water

You

’ll

need

a

bund

if

your

tank

’s

in

any

of

the

following

places

where

oil

spills

could

run

into

an

open

drain

or

a

loose

manhole

cover

where

the

tank

vent

pipes

can

not

be

seen

when

the

tank

’s

being

filled

for

example

because

the

delivery

tanker

is

parked

too

far

away

within

metres

of

coastal

waters

or

inland

fresh

waters

like

lakes

or

streams

within

metres

of

a

drinking

water

source

for

example

wells

boreholes

or

springs

where

oil

spills

could

run

over

hard

ground

and

reach

coastal

waters

inland

fresh

waters

or

a

drinking

water

source

in

the

inner

zone

of

groundwater

source

protection

zone

You

’ll

also

need

a

bund

if

your

tank

can

hold

more

than

litres

of

oil

Your

oil

storage

container

must

have

a

sticker

in

a

prominent

position

that

tells

you

how

to

look

after

your

oil

and

what

to

do

if

you

have

a

spill

The

person

installing

your

new

tank

will

put

this

on

but

you

can

find

out

how

to

order

a

new

sticker

Storing

oil

at

your

business

You

must

follow

the

regulations

for

businesses

if

your

oil

container

can

hold

litres

or

more

of

petrol

diesel

biofuels

kerosene

vegetable

oil

and

plant

based

oils

for

example

sunflower

oil

or

aromatherapy

oil

including

waste

cooking

oil

synthetic

oils

for

example

motor

oil

including

waste

oil

oils

used

as

solvents

biodegradable

oils

for

example

lubricating

or

hydraulic

oils

liquid

bitumen

based

products

for

example

waterproofing

or

damp

proofing

products

or

coatings

for

a

road

surface

The

regulations

do

not

apply

to

liquid

petroleum

gas

LPG

hydrocarbon

products

that

are

solid

when

unheated

like

bitumen

solvents

that

are

not

oil

based

for

example

trichloroethylene

aromatic

hydrocarbons

like

benzene

and

toluene

waste

mineral

oils

drained

from

vehicles

and

mixtures

of

diesel

and

petrol

that

can

not

be

used

as

vehicle

fuel

You

must

follow

different

regulations

in

Scotland

Northern

Ireland

and

Wales

Other

exceptions

You

do

not

have

to

follow

oil

storage

regulations

if

your

oil

is

on

a

farm

and

you

use

it

for

heat

and

power

for

agriculture

or

for

your

farmhouse

stored

for

distribution

to

other

places

in

use

for

example

lubrication

in

a

hydraulic

system

The

regulations

do

not

apply

if

your

storage

containers

are

underground

in

a

building

that

would

capture

leaking

oil

contact

your

local

council

to

find

out

if

you

have

to

meet

any

extra

fire

safety

regulations

at

a

refinery

at

a

premises

for

onward

distribution

of

oil

but

not

a

premises

which

sells

oil

directly

to

end

users

or

a

premises

that

uses

oil

Check

if

you

need

an

environmental

permit

if

you

’re

storing

certain

waste

oils

Choosing

someone

to

install

your

oil

storage

tank

You

should

choose

someone

who

’s

registered

with

a

Competent

Person

scheme

You

’re

responsible

for

any

pollution

caused

by

problems

with

your

oil

storage

container

You

need

to

know

the

regulations

about

oil

storage

containers

including

where

it

’s

located

and

how

it

’s

protected

Penalties

You

can

be

fined

if

you

do

not

follow

the

oil

storage

regulations

The

Environment

Agency

can

also

serve

an

anti

pollution

works

notice

to

make

you

bring

your

tank

up

to

legal

requirements

Get

advice

Contact

the

Environment

Agency

if

you

have

a

question

about

following

oil

storage

regulations

in

England

If

your

business

is

outside

England

contact

one

of

the

following

Natural

Resources

Wales

Scottish

Environment

Protection

Agency

Department

of

the

Environment

Northern

Ireland


Your

rights

and

obligations

Your

rights

and

obligations

are

listed

in

a

written

agreement

with

the

park

or

site

owner

This

sets

out

your

minimum

legal

rights

and

obligations

like

your

right

to

keep

your

park

home

on

its

pitch

the

rules

charges

and

services

You

have

days

to

review

it

before

signing

You

still

have

rights

and

obligations

as

a

park

home

resident

even

if

you

do

not

have

a

written

agreement

Park

home

owners

have

different

rights

and

responsibilities

in

Scotland

Wales

and

Northern

Ireland

Keeping

your

home

in

good

condition

You

must

repair

your

home

when

necessary

keep

the

outside

of

your

home

and

pitch

clean

and

tidy

including

any

fences

or

outbuildings

that

you

own

or

use

on

your

pitch

Site

licence

Privately

owned

sites

must

have

a

licence

from

the

local

council

The

park

owner

must

clearly

display

the

licence

It

will

usually

have

conditions

for

how

many

homes

can

be

in

the

park

services

and

amenities

health

and

safety

Complain

to

the

park

owner

about

conditions

in

your

park

Contact

your

local

council

if

you

can

not

sort

out

the

issue

with

the

park

owner

You

could

be

forced

to

leave

if

you

live

on

a

site

without

planning

permission

for

residential

use

Renting

a

park

home

You

have

a

rent

contract

if

you

pay

rent

to

a

landlord

It

does

not

have

to

be

in

writing

If

you

do

not

have

a

written

contract

You

should

be

able

to

stay

for

a

year

from

the

date

you

moved

in

even

if

you

do

not

have

anything

in

writing

If

you

have

a

written

contract

A

written

contract

should

say

how

long

you

can

live

in

your

home

During

this

time

your

landlord

can

still

ask

you

to

leave

if

your

contract

says

they

can

ask

you

to

leave

with

weeks

notice

you

break

the

rules

terms

of

your

contract

and

it

says

the

owner

can

ask

you

to

leave

as

a

result

When

your

contract

ends

Your

landlord

can

ask

you

to

leave

as

long

as

they

give

you

weeks

notice

If

you

do

not

leave

the

owner

can

ask

the

court

for

an

eviction

order

which

forces

you

to

leave

If

your

landlord

tries

to

evict

you

If

your

landlord

tries

to

evict

you

force

you

to

leave

you

’ll

have

more

rights

to

stay

if

you

live

on

a

protected

site

A

protected

site

is

a

mobile

home

park

which

has

planning

permission

to

have

residents

living

there

throughout

the

year

A

holiday

park

is

not

a

protected

site

Your

right

to

stay

also

depends

on

what

your

rental

contract

says

whether

your

home

is

counted

as

a

dwelling

house

which

means

you

have

rights

from

tenancy

laws

To

be

a

dwelling

house

your

park

home

must

be

your

permanent

residence

where

you

live

most

or

all

of

the

time

connected

to

mains

electricity

or

water

unmovable

or

so

large

that

it

can

not

be

moved

in

one

piece

for

example

you

can

not

drive

it

or

tow

it

away

yourself

Types

of

tenancy

The

type

of

tenancy

you

have

depends

on

the

date

you

moved

in

and

started

paying

rent

You

will

have

a

regulated

tenancy

if

you

moved

in

and

started

paying

rent

before

January

an

assured

or

assured

shorthold

tenancy

if

you

moved

in

and

started

paying

rent

on

or

after

January

Getting

advice

Tenancy

rights

can

be

complicated

and

depend

on

your

situation

You

should

get

legal

advice

if

you

think

your

landlord

is

treating

you

unfairly

You

can

also

contact

Citizens

Advice

the

Leasehold

Advisory

Service

or

charities

such

as

Shelter

or

Age

UK

if

you

have

questions

Find

out

about

call

charges

Charges

Pitch

fee

You

have

to

pay

a

pitch

fee

to

the

park

owner

to

rent

the

land

your

park

home

sits

on

The

park

owner

can

propose

to

change

it

once

a

year

They

must

give

you

days

notice

in

writing

You

or

the

park

owner

can

apply

to

a

tribunal

to

decide

the

pitch

fee

if

you

can

not

agree

on

it

Gas

water

electricity

and

liquefied

petroleum

gas

LPG

The

Office

of

the

Gas

and

Electricity

Markets

Ofgem

sets

the

amount

the

park

owner

can

charge

you

for

gas

and

electricity

The

park

owner

can

not

charge

you

more

for

gas

and

electricity

than

they

paid

for

it

including

any

connection

charges

For

water

the

park

owner

can

only

charge

what

the

water

company

charges

and

a

reasonable

administration

fee

Charges

for

LPG

are

not

regulated

Selling

or

giving

away

a

park

home

Selling

The

park

owner

gets

up

to

of

the

selling

price

known

as

a

commission

when

you

sell

your

home

You

’ll

need

to

give

the

buyer

certain

information

for

example

about

the

commission

and

pitch

fees

tell

the

park

owner

about

the

sale

assign

transfer

the

pitch

agreement

to

the

new

owner

tell

the

buyer

to

fill

in

a

Notice

of

Assignment

form

so

they

can

pay

the

commission

to

the

park

owner

You

must

fill

in

the

correct

form

for

park

home

buyers

and

sellers

to

sell

your

home

Park

homes

do

not

need

an

Energy

Performance

Certificate

EPC

The

park

owner

may

be

able

to

object

to

you

selling

your

home

They

must

apply

to

a

tribunal

Giving

away

You

have

the

right

to

gift

give

away

your

park

home

and

pass

on

your

agreement

to

a

family

member

Use

the

Notice

of

proposed

gift

form

to

send

the

park

owner

proof

of

how

you

’re

related

to

the

family

member

Inheritance

rules

Anyone

will

be

able

to

carry

on

the

agreement

when

you

die

if

they

’re

a

family

member

living

with

you

at

the

time

you

die

your

husband

wife

or

civil

partner

Someone

who

is

not

living

with

you

or

is

not

your

husband

wife

or

civil

partner

will

have

to

get

approval

from

the

park

owner

to

live

there

Read

detailed

information

on

buying

selling

or

gifting

your

park

mobile

home

Park

repairs

and

improvements

Park

owners

are

responsible

for

keeping

common

areas

like

shared

paths

in

good

condition

repairing

the

area

where

your

home

sits

the

base

maintaining

any

services

they

supply

to

your

home

or

pitch

like

sewerage

Park

improvements

If

the

park

owner

plans

to

make

improvements

they

must

give

you

at

least

days

notice

in

writing

and

let

you

know

how

you

can

comment

on

the

plans

tell

you

if

it

will

affect

your

pitch

fee

They

can

go

ahead

with

improvements

even

if

most

residents

disagree

The

park

owner

can

sometimes

recover

improvement

costs

through

a

pitch

fee

increase

If

you

disagree

you

can

apply

to

a

tribunal

Contact

the

Leasehold

Advisory

Service

for

advice

Residents

associations

You

can

set

up

a

qualifying

residents

association

to

represent

home

owners

in

the

mobile

home

park

where

you

live

Qualifying

residents

associations

have

certain

rights

and

park

owners

should

consult

the

residents

association

when

they

want

to

spend

money

on

improvements

or

change

how

they

run

the

park

Park

owners

must

give

at

least

days

notice

of

any

changes

and

take

the

association

’s

concerns

into

account

before

they

make

changes

Setting

up

a

qualifying

residents

association

Your

association

must

include

at

least

half

of

the

home

owners

in

your

park

Residents

who

rent

their

homes

can

not

join

You

’ll

have

to

keep

certain

records

and

documents

like

an

up

to

date

list

of

members

a

constitution

any

other

rules

of

the

association

You

’ll

have

to

elect

a

chairman

secretary

treasurer

The

chairman

secretary

and

treasurer

can

make

administrative

decisions

Members

should

vote

on

all

other

decisions

You

need

to

ask

the

park

owner

to

acknowledge

your

association

You

can

apply

to

a

tribunal

if

they

refuse

They

can

order

the

park

owner

to

acknowledge

your

association

Your

association

can

continue

to

meet

if

it

does

not

meet

the

qualifying

conditions

but

the

park

owner

will

not

have

to

talk

to

the

association

about

park

operations

and

management

Settling

disputes

If

you

have

a

dispute

with

the

park

owner

that

you

can

not

work

out

you

can

apply

to

a

tribunal

Decisions

made

by

the

tribunal

are

legally

binding

If

your

agreement

says

you

must

use

an

arbitrator

ignore

it

You

must

use

a

tribunal

instead

The

tribunal

can

settle

certain

disputes

for

example

changing

a

residence

agreement

changing

the

pitch

fee

moving

a

park

home

damage

and

repairs

to

the

site

transferring

ownership

of

a

park

home

to

someone

else

Find

out

more

about

the

types

of

disputes

the

tribunal

can

solve

Get

help

Contact

the

Leasehold

Advisory

Service

for

advice

if

you

’re

not

sure

whether

you

have

a

case

Call

the

tribunal

if

you

have

any

questions

about

completing

the

form

The

tribunal

can

not

give

you

legal

advice


Overview

A

tenancy

agreement

is

a

contract

between

you

and

your

tenants

It

sets

out

the

legal

terms

and

conditions

of

the

tenancy

It

can

be

written

down

or

oral

A

tenancy

can

either

be

fixed

term

running

for

a

set

period

of

time

periodic

running

on

a

week

by

week

or

month

by

month

basis

Rights

and

responsibilities

Both

you

and

your

tenants

have

certain

rights

and

responsibilities

whether

or

not

there

is

a

tenancy

agreement

Tenancy

types

Assured

shorthold

tenancies

ASTs

The

most

common

form

of

tenancy

is

an

AST

Most

new

tenancies

are

automatically

this

type

A

tenancy

can

be

an

AST

if

all

of

the

following

apply

you

’re

a

private

landlord

or

housing

association

the

tenancy

started

on

or

after

January

the

property

is

your

tenants

main

accommodation

you

do

not

live

in

the

property

A

tenancy

can

not

be

an

AST

if

it

began

or

was

agreed

before

January

the

rent

is

more

than

a

year

the

rent

is

less

than

a

year

less

than

in

London

it

’s

a

business

tenancy

or

tenancy

of

licensed

premises

it

’s

a

holiday

let

the

landlord

is

a

local

council

Other

tenancies

There

are

other

tenancies

that

are

not

as

common

as

ASTs

including

excluded

tenancies

or

licences

assured

tenancies

regulated

tenancies

Excluded

tenancies

or

licences

If

you

have

a

lodger

living

in

your

home

and

share

rooms

with

them

like

a

kitchen

or

bathroom

you

may

have

one

of

these

This

usually

gives

your

lodger

less

protection

from

eviction

than

other

types

of

agreement

Assured

tenancies

Tenancies

starting

between

January

and

February

may

be

assured

Your

tenants

have

increased

protection

from

eviction

with

this

type

of

agreement

Regulated

tenancies

Tenancies

starting

before

January

may

be

regulated

Your

tenants

have

increased

protection

from

eviction

and

can

apply

for

a

fair

rent

What

you

should

include

in

a

tenancy

agreement

The

tenancy

agreement

should

include

the

names

of

all

people

involved

the

rental

price

and

how

it

’s

paid

information

on

how

and

when

the

rent

will

be

reviewed

the

deposit

amount

and

how

it

will

be

protected

when

the

deposit

can

be

fully

or

partly

withheld

for

example

to

repair

damage

caused

by

tenants

the

property

address

the

start

and

end

date

of

the

tenancy

any

tenant

or

landlord

obligations

which

bills

your

tenants

are

responsible

for

It

can

also

include

information

on

whether

the

tenancy

can

be

ended

early

and

how

this

can

be

done

who

’s

responsible

for

minor

repairs

other

than

those

that

the

landlord

is

legally

responsible

for

whether

the

property

can

be

let

to

someone

else

sublet

or

have

lodgers

The

terms

of

the

tenancy

must

be

fair

and

comply

with

the

law

You

can

use

a

model

agreement

as

a

template

You

can

not

have

anything

in

your

tenancy

agreement

that

may

indirectly

discriminate

against

your

tenants

Changes

to

tenancy

agreements

You

must

get

the

agreement

of

your

tenants

if

you

want

to

make

changes

to

the

terms

of

their

tenancy

agreement

Preventing

discrimination

You

can

not

discriminate

against

or

harass

your

tenants

on

the

grounds

of

age

being

or

becoming

a

transsexual

person

being

married

or

in

a

civil

partnership

being

pregnant

or

on

maternity

leave

disability

race

including

colour

nationality

ethnic

or

national

origin

religion

belief

or

lack

of

religion

or

belief

sex

sexual

orientation

If

you

get

managed

payments

from

your

local

council

When

your

tenants

move

to

Universal

Credit

you

can

help

them

set

up

their

new

rent

payments

You

can

read

more

about

Universal

Credit

and

how

it

affects

landlords

Ending

a

tenancy

If

you

want

your

tenants

to

leave

you

must

give

them

notice

in

a

particular

way

including

certain

information

and

warnings

This

depends

on

the

type

of

tenancy

agreement

and

its

terms

Assured

shorthold

tenancies

ASTs

In

some

circumstances

you

can

take

back

your

property

without

giving

any

reason

To

do

this

and

all

of

the

following

must

apply

you

’ve

protected

your

tenants

deposit

in

a

deposit

protection

scheme

the

date

they

must

leave

is

at

least

months

after

the

original

tenancy

began

the

one

they

signed

on

first

moving

in

they

have

a

periodic

tenancy

or

they

have

a

fixed

term

tenancy

and

you

are

not

asking

them

to

leave

before

the

end

of

the

fixed

term

How

much

notice

you

need

to

give

You

must

give

your

tenants

written

notice

that

you

want

the

property

back

notice

to

quit

and

the

date

they

must

leave

The

notice

period

you

give

them

must

be

at

least

months

if

you

gave

notice

before

March

months

if

you

gave

notice

between

March

and

August

months

if

you

gave

notice

on

or

after

August

If

you

gave

a

section

notice

the

notice

period

is

sometimes

shorter

depending

on

the

reason

for

eviction

This

change

is

because

of

coronavirus

During

the

fixed

term

If

you

’re

still

in

the

fixed

term

you

can

only

ask

your

tenants

to

leave

if

you

have

a

reason

for

wanting

possession

that

’s

in

the

Housing

Act

Examples

of

reasons

include

your

tenants

are

behind

with

rent

payments

in

arrears

your

tenants

have

used

the

property

for

illegal

purposes

for

example

selling

drugs

If

you

gave

your

tenant

notice

before

March

you

would

have

needed

to

give

them

up

to

months

to

leave

depending

on

the

reason

Because

of

coronavirus

in

most

cases

you

must

now

give

them

a

longer

notice

period

If

you

gave

your

tenant

notice

between

March

and

August

period

must

have

been

at

least

months

If

you

gave

your

tenant

notice

on

or

after

August

the

notice

period

must

be

at

least

months

It

can

be

shorter

in

some

cases

for

example

if

you

evict

them

for

antisocial

behaviour

The

Ministry

of

Housing

Communities

and

Local

Government

has

information

on

reasons

for

possession

for

a

property

let

on

an

AST

Assured

tenancies

You

will

need

to

use

one

of

the

reasons

for

possession

in

the

Housing

Act

Excluded

tenancies

or

licences

If

you

live

with

a

lodger

and

share

rooms

with

them

you

’ll

often

have

an

excluded

tenancy

or

licence

In

this

case

you

only

need

to

give

reasonable

notice

to

quit

Usually

this

means

the

length

of

the

rental

payment

period

so

if

you

collect

rent

monthly

you

’ll

need

to

give

month

’s

notice

The

notice

does

not

have

to

be

in

writing

Non

excluded

tenancy

or

licence

You

can

end

the

agreement

at

any

time

by

serving

a

written

notice

to

quit

The

notice

period

will

depend

on

the

tenancy

or

agreement

but

it

’s

usually

at

least

weeks

Break

clauses

If

there

’s

a

break

clause

in

the

tenancy

agreement

you

can

give

your

tenants

notice

after

this

However

you

do

not

have

a

guaranteed

right

to

possession

during

the

first

months

of

the

tenancy

If

your

tenant

does

not

leave

the

property

You

can

not

remove

your

tenants

by

force

If

the

notice

period

expires

and

your

tenants

do

not

leave

the

property

you

can

start

the

process

of

eviction

through

the

courts

If

your

tenants

want

to

leave

Tenancies

The

tenancy

agreement

should

say

how

much

notice

your

tenants

need

to

give

before

they

can

leave

the

property

Tenants

are

responsible

for

paying

rent

for

their

entire

fixed

term

tenancy

They

can

move

out

early

without

paying

rent

for

the

full

tenancy

if

there

is

a

break

clause

in

their

tenancy

agreement

you

agree

to

ending

the

tenancy

early

They

can

also

leave

if

their

tenancy

is

up

after

giving

their

notice

whether

it

is

fixed

term

or

not

Licence

agreements

If

the

licence

automatically

runs

out

after

a

specific

date

and

your

lodger

wants

to

end

the

agreement

they

should

let

you

know

this

before

the

licence

runs

out

If

your

tenant

dies

without

an

executor

or

a

will

The

tenancy

is

transferred

temporarily

to

the

Public

Trustee

if

a

tenant

dies

without

a

will

with

a

will

but

without

an

executor

You

can

not

take

back

a

property

automatically

even

if

the

tenancy

was

due

to

end

You

may

be

fined

if

you

try

to

repossess

a

property

without

following

the

rules

Reclaim

your

property

You

must

post

or

deliver

a

letter

to

the

tenant

’s

last

known

address

saying

you

’re

giving

written

notice

email

a

copy

of

your

notice

and

a

completed

form

to

the

Public

Trustee

pay

an

application

fee

to

the

Public

Trustee

to

register

the

notice

Give

notice

Address

the

written

notice

to

The

Personal

Representative

of

full

name

of

the

tenant

who

died

of

last

known

address

for

the

tenant

who

died

Email

the

notice

and

form

to

the

Public

Trustee

Order

a

application

form

to

register

a

notice

from

OyezStore

or

from

Shaws

The

form

costs

no

more

than

You

’ll

get

it

by

post

Email

a

copy

of

the

notice

and

a

scan

of

your

completed

form

to

osptcontrolunit@ospt.gov.uk

You

must

buy

a

new

form

for

each

application

you

can

not

use

a

photocopy

You

can

make

your

own

version

of

the

form

as

long

as

it

’s

laid

out

in

the

same

way

and

includes

all

the

relevant

information

Pay

the

application

fee

It

costs

to

register

the

notice

You

can

only

pay

by

Bacs

Transfer

the

fee

to

the

following

account

Sort

code

Account

number

Account

name

The

Public

Trustee

Include

the

name

of

the

deceased

in

the

payment

reference

Get

a

decision

about

your

application

The

Public

Trustee

will

register

or

reject

your

application

You

should

get

an

email

within

working

days

of

the

Public

Trustee

getting

your

application

and

payment

If

your

application

is

registered

you

’ll

be

told

the

date

it

was

put

in

the

register

If

your

application

is

rejected

for

example

because

it

’s

incomplete

you

’ll

be

told

why

the

Public

Trustee

can

not

register

it

You

can

search

the

Public

Trustee

’s

register

if

your

notice

is

registered

for

example

to

check

that

you

can

legally

rent

the

property

again

or

sell

it


Apply

for

a

home

Housing

associations

offer

similar

types

of

housing

as

local

councils

often

to

people

on

a

low

income

or

who

need

extra

support

You

can

apply

directly

to

a

housing

association

often

through

your

local

council

You

can

apply

to

more

than

one

housing

association

at

a

time

Waiting

list

Once

you

apply

you

’ll

be

put

on

a

waiting

list

Housing

associations

normally

offer

housing

to

people

most

suited

to

that

particular

property

You

may

have

to

wait

a

long

time

for

a

suitable

property

to

become

available

Housing

associations

are

also

known

as

Registered

Social

Landlords

or

Private

Registered

Providers

of

Social

Housing

Types

of

tenancy

Your

rights

and

responsibilities

depend

on

the

type

of

tenancy

you

have

Your

tenancy

agreement

is

a

legal

document

that

tells

you

all

the

rules

about

living

in

your

property

Starter

tenancy

New

housing

association

tenants

may

be

offered

a

starter

tenancy

These

usually

last

months

and

are

like

a

trial

period

You

become

an

assured

or

fixed

term

tenant

after

months

unless

your

housing

association

has

either

started

action

to

evict

you

extended

your

starter

tenancy

Assured

and

fixed

term

tenancies

At

the

end

of

your

starter

tenancy

you

’ll

be

offered

either

an

assured

tenancy

meaning

you

can

normally

live

in

your

property

for

the

rest

of

your

life

a

fixed

term

tenancy

usually

lasting

for

at

least

years

your

landlord

will

decide

whether

it

’s

renewed

You

rights

may

include

buying

your

home

having

your

home

repaired

swapping

your

home

with

another

council

or

housing

association

tenant

Ending

your

tenancy

Your

tenancy

can

be

ended

if

you

give

the

housing

association

weeks

notice

in

writing

the

housing

association

evicts

you

you

transfer

your

tenancy

to

someone

else

or

swap

homes

the

housing

association

needs

to

move

you

eg

to

redevelop

your

property

it

should

offer

you

a

new

property

Standard

of

your

home

Your

landlord

has

to

make

sure

that

your

home

meets

certain

standards

It

must

be

safe

and

free

from

category

hazards

these

are

things

that

can

cause

death

or

pose

a

serious

danger

to

your

health

eg

by

causing

lung

cancer

burn

injuries

loss

of

limbs

poisoning

in

a

reasonable

state

of

repair

equipped

with

reasonably

modern

facilities

warm

enough

If

you

have

concerns

about

the

standard

of

your

home

you

can

make

a

complaint

As

a

social

housing

tenant

you

can

help

run

a

maintenance

service

Complaints

Follow

these

steps

if

you

have

a

problem

with

your

housing

association

home

Complain

to

your

landlord

they

should

have

a

complaints

policy

that

you

can

follow

Make

a

complaint

to

a

designated

person

your

MP

a

local

councillor

or

a

tenant

panel

if

you

ca

n’t

resolve

the

problem

with

your

landlord

Contact

the

Housing

Ombudsman

if

you

and

your

landlord

still

ca

n’t

resolve

the

problem

Buying

your

home

As

a

housing

association

tenant

you

might

be

able

to

buy

your

housing

association

home

at

a

discount


When

you

can

appeal

Your

local

planning

authority

makes

decisions

about

displaying

an

advertisement

or

sign

on

your

house

or

building

You

can

appeal

against

a

decision

about

consent

to

display

an

advertisement

if

you

disagree

with

it

There

’s

no

fee

for

appealing

Only

the

person

who

made

the

application

can

appeal

Deadline

for

appealing

If

you

disagree

with

a

decision

you

must

appeal

within

weeks

of

the

date

on

the

decision

notice

from

your

local

planning

authority

If

you

’ve

been

sent

a

discontinuation

notice

you

’ll

need

to

appeal

before

the

date

given

on

the

notice

When

you

can

expect

a

decision

You

’ll

get

a

decision

once

your

appeal

is

validated

Check

how

long

appeal

decisions

normally

take

How

to

appeal

Because

of

coronavirus

you

can

not

currently

appeal

by

post

You

can

still

appeal

to

the

Planning

Inspectorate

online

If

you

want

to

appeal

more

than

one

decision

you

must

make

a

separate

appeal

for

each

You

also

need

to

send

a

copy

of

your

appeal

including

all

supporting

documents

to

your

local

planning

authority

The

Planning

Inspectorate

will

tell

you

how

to

do

this

Documents

you

must

provide

You

’ll

need

to

submit

copies

of

your

original

application

the

local

planning

authority

’s

decision

notice

all

plans

drawings

and

documents

you

sent

to

the

local

planning

authority

any

letters

or

emails

between

you

and

the

local

planning

authority

You

’ll

also

need

to

submit

any

other

documents

that

directly

support

your

appeal

for

example

your

grounds

of

appeal

You

can

upload

these

documents

when

you

appeal

Comment

on

an

appeal

No

one

can

comment

on

a

planning

appeal

about

displaying

an

advertisement

or

sign

Your

local

planning

authority

must

tell

anyone

who

has

commented

on

the

original

application

interested

parties

that

there

’s

an

appeal

They

have

to

do

this

within

weeks

of

the

appeal

being

started

by

the

Planning

Inspectorate

Read

the

detailed

guidance

about

taking

part

in

an

appeal

After

you

appeal

The

Planning

Inspectorate

will

check

your

appeal

to

make

sure

it

’s

valid

They

’ll

tell

you

what

happens

next

and

how

long

your

appeal

may

take

The

Planning

Inspectorate

will

then

consider

your

appeal

Check

how

long

planning

appeal

decisions

normally

take

If

anyone

behaves

unreasonably

You

can

apply

for

an

award

of

costs

if

anyone

involved

in

your

appeal

has

cost

you

money

by

behaving

unreasonably

for

example

missing

deadlines

You

can

have

costs

awarded

against

you

too

You

can

complain

about

how

the

Planning

Inspectorate

handled

your

appeal

There

’s

no

time

limit

for

complaints

If

you

disagree

with

the

appeal

decision

You

can

challenge

the

decision

in

the

High

Court

if

you

think

the

Planning

Inspectorate

made

a

legal

mistake

Get

advice

from

a

lawyer

if

you

’re

unsure

about

this


When

you

can

appeal

Your

local

planning

authority

makes

decisions

on

applications

about

minor

commercial

developments

for

example

ground

floor

alterations

like

shop

fronts

and

security

shutters

You

can

appeal

a

minor

commercial

development

decision

if

you

disagree

with

it

There

’s

no

fee

for

appealing

Only

the

person

who

made

the

application

can

appeal

Deadline

for

appealing

You

must

appeal

within

weeks

of

the

date

on

the

decision

notice

from

your

local

planning

authority

The

deadline

’s

earlier

if

you

’ve

received

an

enforcement

notice

you

must

appeal

within

days

of

the

notice

How

to

appeal

Because

of

coronavirus

you

can

not

currently

appeal

by

post

You

can

still

appeal

to

the

Planning

Inspectorate

online

If

you

want

to

appeal

more

than

one

decision

you

must

make

a

separate

appeal

for

each

You

also

need

to

send

a

copy

of

your

appeal

including

all

the

supporting

documents

to

your

local

planning

authority

The

Planning

Inspectorate

will

tell

you

how

to

do

this

Documents

you

must

provide

You

’ll

need

to

submit

copies

of

your

original

application

the

site

ownership

certificate

the

local

planning

authority

’s

decision

notice

You

’ll

also

need

to

submit

a

map

of

the

surrounding

area

any

other

documents

that

directly

support

your

appeal

for

example

your

grounds

for

appeal

You

can

upload

these

documents

when

you

appeal

Comment

on

an

appeal

No

one

can

comment

on

a

minor

commercial

development

decision

appeal

Your

local

planning

authority

must

tell

anyone

who

has

commented

on

the

original

application

interested

parties

that

there

’s

an

appeal

They

have

to

do

this

within

working

days

of

the

appeal

being

started

by

the

Planning

Inspectorate

Read

the

detailed

guidance

about

taking

part

in

an

appeal

After

you

appeal

The

Planning

Inspectorate

will

check

your

appeal

to

make

sure

it

’s

valid

They

’ll

tell

you

what

happens

next

and

how

long

your

appeal

may

take

The

Planning

Inspectorate

will

then

consider

your

appeal

Check

how

long

planning

appeal

decisions

normally

take

If

anyone

behaves

unreasonably

You

can

apply

for

an

award

of

costs

if

anyone

involved

in

your

appeal

has

cost

you

money

by

behaving

unreasonably

for

example

missing

deadlines

You

can

have

costs

awarded

against

you

too

You

can

complain

about

how

the

Planning

Inspectorate

handled

your

appeal

There

’s

no

time

limit

for

complaints

If

you

disagree

with

the

appeal

decision

You

can

challenge

the

decision

in

the

High

Court

if

you

think

the

Planning

Inspectorate

made

a

legal

mistake

Get

advice

from

a

lawyer

if

you

’re

unsure

about

this


Types

of

council

This

guide

relates

to

councils

in

England

Find

information

about

councils

in

Scotland

Wales

and

Northern

Ireland

Many

parts

of

England

have

tiers

of

local

government

county

councils

district

borough

or

city

councils

In

some

parts

of

the

country

there

’s

just

unitary

tier

of

local

government

providing

all

the

local

services

The

main

types

are

unitary

authorities

in

shire

areas

London

boroughs

metropolitan

boroughs

County

councils

These

are

responsible

for

services

across

the

whole

of

a

county

like

education

transport

planning

fire

and

public

safety

social

care

libraries

waste

management

trading

standards

District

borough

and

city

councils

These

cover

a

smaller

area

than

county

councils

They

’re

usually

responsible

for

services

like

rubbish

collection

recycling

Council

Tax

collections

housing

planning

applications

Unitary

authorities

and

London

and

metropolitan

boroughs

In

some

parts

of

the

country

tier

of

local

government

provides

all

the

local

services

listed

above

In

London

and

metropolitan

areas

some

services

like

fire

police

and

public

transport

are

provided

through

joint

authorities

in

London

by

the

Greater

London

Authority

Parish

community

and

town

councils

These

operate

at

a

level

below

district

and

borough

councils

and

in

some

cases

unitary

authorities

They

’re

elected

and

can

help

on

a

number

of

local

issues

like

providing

allotments

public

clocks

bus

shelters

community

centres

play

areas

and

play

equipment

grants

to

help

local

organisations

consultation

on

neighbourhood

planning

They

also

have

the

power

to

issue

fixed

penalty

fines

for

things

like

litter

graffiti

fly

posting

dog

offences

Decision

making

The

full

council

a

meeting

of

all

council

members

is

responsible

for

all

decisions

But

in

practice

most

of

the

work

is

given

to

smaller

groups

of

councillors

or

council

officers

paid

staff

Every

council

must

publish

details

of

when

key

decisions

will

be

taken

papers

of

meetings

at

least

working

days

beforehand

minutes

of

meetings

showing

the

decisions

that

were

made

You

can

view

council

meeting

agendas

minutes

and

reports

on

your

council

’s

website

You

can

also

attend

most

council

meetings

although

usually

you

wo

n’t

be

able

to

speak

at

them

Mayors

Many

councils

have

a

civic

mayor

or

chairman

of

the

council

They

carry

out

ceremonial

duties

and

chair

meetings

but

ca

n’t

make

decisions

about

council

business

Some

councils

have

an

elected

mayor

They

’re

responsible

for

the

day

to

day

running

of

local

services

Councils

can

have

both

elected

and

civic

mayors

Spending

and

accounts

Many

local

councils

provide

information

on

their

websites

to

show

how

they

spend

their

budget

You

can

view

details

of

payments

for

goods

and

services

over

contracts

and

tenders

over

Looking

at

annual

accounts

Every

year

councils

must

open

their

detailed

financial

accounts

to

the

public

for

working

days

This

allows

you

to

check

any

spending

under

without

having

to

make

a

freedom

of

information

request

Your

council

must

publish

on

its

website

and

in

the

local

press

details

of

when

you

can

check

its

accounts

Local

councillors

and

elections

Local

councillors

are

elected

for

year

terms

by

the

local

community

to

represent

its

views

You

can

contact

your

local

councillor

online

or

by

going

to

an

advice

surgery

When

local

elections

are

held

Elections

to

councils

are

normally

held

on

the

first

Thursday

in

May

Some

councils

elect

all

of

their

councillors

at

the

same

time

Other

councils

elect

half

or

a

third

of

their

councillors

at

each

election

Read

about

the

election

timetable

in

England

You

can

find

out

more

about

local

council

elections

from

the

Local

Government

Boundary

Commission

for

England

Declaring

interests

All

local

councillors

have

to

declare

any

interests

gifts

or

hospitality

they

get

that

could

influence

decisions

they

make

Your

local

council

must

publish

details

of

these

You

can

usually

access

them

on

your

council

’s

website

or

at

the

town

hall

Make

a

complaint

If

you

feel

that

a

council

service

has

n’t

been

properly

delivered

you

can

make

an

official

complaint

Complain

to

the

council

service

provider

If

you

’re

still

not

happy

complain

to

your

council

’s

complaints

officer

If

this

does

n’t

resolve

the

issue

you

may

be

able

to

get

the

Local

Government

Ombudsman

to

look

into

it

The

Ombudsman

considers

complaints

if

you

’ve

suffered

because

of

the

way

a

council

service

has

been

given

how

a

decision

has

been

made

The

Ombudsman

usually

only

considers

your

complaint

once

it

’s

been

through

your

local

council

’s

complaints

procedure


Overview

Follow

these

steps

if

you

have

a

dispute

with

your

neighbour

This

guide

is

also

available

in

Welsh

Cymraeg

Try

to

solve

the

problem

informally

by

talking

to

them

If

your

neighbour

is

a

tenant

you

could

contact

their

landlord

You

could

use

a

mediation

service

if

raising

the

issue

informally

does

not

work

If

the

dispute

involves

a

statutory

nuisance

something

like

loud

music

or

barking

dogs

you

can

make

a

complaint

to

your

local

council

Contact

the

police

if

your

neighbour

is

breaking

the

law

by

being

violent

or

harassing

you

As

a

last

resort

you

can

take

legal

action

through

the

courts

Talk

to

your

neighbour

Before

making

a

formal

complaint

or

getting

others

involved

try

to

discuss

the

problem

with

your

neighbour

If

you

’re

worried

about

approaching

them

write

a

letter

explaining

the

problem

clearly

and

sticking

to

the

facts

If

the

problem

affects

other

neighbours

involve

them

as

well

It

can

be

easier

to

settle

a

dispute

if

the

complaint

comes

from

a

number

of

people

A

tenants

association

might

help

if

you

’re

a

member

of

one

Get

practical

advice

from

Citizens

Advice

to

deal

with

common

neighbour

disputes

like

noise

and

rubbish

Contact

your

neighbour

's

landlord

If

your

neighbour

is

a

tenant

you

can

complain

to

their

landlord

This

could

be

a

housing

association

the

council

or

a

private

landlord

Use

a

mediation

service

If

you

can

not

resolve

the

dispute

by

speaking

to

your

neighbour

get

help

from

a

mediation

service

How

mediation

works

Mediation

is

when

an

impartial

person

trained

in

dealing

with

difficult

discussions

between

opposing

sides

acts

like

a

referee

in

a

dispute

There

can

be

a

fee

for

mediation

but

this

will

still

be

cheaper

than

hiring

a

solicitor

and

taking

legal

action

Contact

a

mediation

service

Mediation

services

differ

depending

on

where

you

live

if

you

live

in

England

and

Wales

find

a

mediation

provider

in

your

area

in

Scotland

use

the

Scottish

Mediation

Network

your

council

or

housing

association

may

provide

a

mediation

service

Complain

about

noise

to

the

council

You

can

ask

your

local

council

for

help

if

the

neighbour

dispute

involves

an

activity

that

is

damaging

to

health

or

a

nuisance

This

is

known

as

a

statutory

nuisance

This

could

include

noise

including

loud

music

and

barking

dogs

artificial

light

except

street

lamps

dust

steam

smell

or

insects

from

business

premises

smoke

fumes

or

gases

a

build

up

of

rubbish

that

could

harm

health

Your

council

has

a

duty

to

investigate

any

statutory

nuisance

You

should

always

try

and

solve

the

problem

by

talking

to

your

neighbour

or

through

mediation

before

contacting

the

council

Penalties

If

the

council

decides

someone

is

causing

a

statutory

noise

nuisance

they

must

issue

a

noise

abatement

order

This

tells

the

person

what

they

must

do

to

stop

making

a

noise

nuisance

or

else

face

further

legal

action

If

someone

breaks

an

abatement

order

about

noise

from

their

home

they

can

be

fined

up

to

If

it

’s

noise

from

a

factory

or

business

the

penalty

can

be

up

to

High

hedges

trees

and

boundaries

You

must

try

to

settle

a

dispute

about

a

high

hedge

informally

before

the

council

can

intervene

Ask

your

council

for

a

complaint

form

if

the

hedge

is

all

of

these

or

more

mostly

evergreen

or

semi

evergreen

trees

or

shrubs

over

metres

tall

affecting

your

enjoyment

of

your

home

or

garden

because

it

’s

too

tall

You

might

have

to

pay

the

council

a

fee

to

consider

your

complaint

Read

more

about

complaining

to

your

council

about

a

high

hedge

When

you

can

trim

hedges

or

trees

You

can

trim

branches

or

roots

that

cross

into

your

property

from

a

neighbour

’s

property

or

a

public

road

You

can

only

trim

up

to

the

property

boundary

If

you

do

more

than

this

your

neighbour

could

take

you

to

court

for

damaging

their

property

If

you

live

in

a

conservation

area

or

the

trees

in

the

hedge

are

protected

by

a

tree

preservation

order

you

might

need

your

council

’s

permission

to

trim

them

If

your

property

borders

a

road

The

highways

authority

can

ask

you

to

cut

back

hedges

or

trees

on

your

property

if

they

’re

causing

an

obstruction

in

the

road

If

you

refuse

they

can

go

into

your

property

without

your

permission

to

do

the

work

themselves

They

may

charge

you

for

this

Property

damage

from

hedges

Your

neighbour

is

responsible

for

maintaining

their

hedges

so

they

do

not

for

example

damage

your

property

or

grow

too

high

If

they

do

damage

your

property

your

neighbour

may

be

liable

Boundaries

and

shared

party

walls

Disputes

about

what

is

the

exact

boundary

between

properties

can

be

difficult

to

solve

so

get

legal

advice

You

must

give

notice

to

your

neighbour

if

you

are

going

to

do

work

on

a

shared

party

wall

The

Royal

Institution

of

Chartered

Surveyors

RICS

has

free

advice

on

boundary

disputes

and

party

walls

the

walls

you

share

with

your

neighbours

Call

the

police

You

should

call

the

police

if

your

neighbour

is

violent

threatening

or

abusive

is

harassing

you

sexually

or

because

of

your

sexuality

religion

or

ethnic

background

is

breaking

the

law

in

any

other

way

or

if

you

suspect

this

Take

action

through

the

courts

If

all

else

fails

you

can

take

legal

action

against

a

neighbour

Taking

someone

to

court

can

be

expensive

so

it

should

be

your

last

resort

if

nothing

else

works

There

may

be

court

fees

and

you

may

have

to

pay

a

solicitor

Legal

advice

You

can

get

free

legal

advice

from

a

law

centre

advice

centre

or

Citizens

Advice

You

can

also

find

a

lawyer

who

deals

with

a

neighbour

disputes


Overview

You

can

apply

for

compensation

if

the

value

of

your

property

goes

down

because

of

pollution

or

disturbance

from

the

use

of

a

new

or

altered

road

This

is

known

as

a

Part

I

claim

When

you

can

claim

You

can

claim

after

a

road

’s

been

open

to

traffic

for

year

How

to

claim

Check

you

have

a

valid

claim

Check

where

to

send

your

claim

You

can

make

a

claim

yourself

or

use

an

agent

eg

a

professional

property

valuer

or

claims

company

to

claim

for

you

Who

can

claim

The

value

of

your

property

must

have

gone

down

by

more

than

as

the

result

of

specific

types

of

pollution

or

disturbance

from

the

use

of

a

new

or

altered

road

What

you

can

claim

for

You

can

only

make

a

Part

I

claim

because

of

noise

vibration

smell

fumes

smoke

artificial

lighting

solid

or

liquid

discharge

on

to

your

property

What

you

ca

n’t

claim

for

You

ca

n’t

make

a

Part

I

claim

for

other

problems

caused

by

a

road

eg

losing

your

view

natural

light

or

privacy

sometimes

called

blight

problems

coming

from

another

part

of

the

road

your

claim

must

be

for

the

part

of

the

road

that

’s

new

or

altered

a

road

that

’s

only

been

resurfaced

Types

of

property

you

can

claim

for

You

can

usually

only

claim

for

property

you

own

and

occupy

You

must

own

the

property

both

before

the

road

opened

to

traffic

when

you

make

your

claim

You

must

also

be

able

to

prove

you

own

of

the

following

the

property

’s

freehold

the

property

’s

leasehold

with

at

least

years

left

to

run

on

your

lease

on

the

date

you

make

your

claim

You

ca

n’t

claim

for

property

that

was

part

of

a

compulsory

purchase

for

the

construction

of

the

road

Homes

You

must

be

living

in

the

property

when

you

make

your

claim

unless

you

ca

n’t

because

you

let

it

to

tenants

there

’s

another

legal

reason

preventing

you

eg

a

court

order

Agricultural

land

You

must

occupy

the

property

both

before

the

road

opened

to

traffic

when

you

make

your

claim

Business

premises

You

must

occupy

the

whole

property

or

a

substantial

part

of

it

both

before

the

road

opened

to

traffic

when

you

make

your

claim

Your

property

’s

rateable

value

must

be

below

Search

by

postcode

to

find

the

rateable

value

of

your

business

in

England

or

Wales

Other

requirements

Read

Highways

England

’s

guide

to

Part

I

claims

to

check

if

you

need

to

meet

other

requirements

Make

a

claim

You

usually

need

to

make

your

claim

to

the

authority

responsible

for

the

road

this

is

your

local

council

for

local

roads

Highways

England

for

major

roads

including

motorways

and

some

A

roads

You

need

to

make

your

claim

to

Connect

Plus

if

it

’s

for

widening

at

junctions

to

junctions

to

Make

a

claim

to

Highways

England

Check

Part

I

claims

notices

for

roads

that

are

open

for

claims

Read

the

guide

to

Part

I

claims

Download

and

fill

in

the

claim

for

compensation

form

Send

your

claim

to

the

Highways

England

Track

your

claim

You

can

track

the

progress

of

a

Part

I

claim

you

’ve

made

to

Highways

England