River

levels

and

warnings

Check

river

levels

Check

current

river

levels

in

England

and

Wales

Strong

stream

warnings

The

Environment

Agency

gives

out

stream

warnings

to

tell

you

about

conditions

that

may

mean

you

should

not

go

out

in

your

boat

You

may

also

see

red

flags

at

boat

clubs

You

can

check

the

latest

strong

stream

warnings

for

the

River

Thames

Choose

option

when

your

call

is

answered

and

enter

the

quick

dial

code

for

the

area

of

the

River

Thames

you

want

to

hear

about

For

other

rivers

use

one

of

the

following

River

Nene

Great

Ouse

Bedford

to

St

Ives

Great

Ouse

St

Ives

to

Earith

Ancholme

You

can

also

sign

up

to

the

strong

stream

advice

messaging

system

for

the

Rivers

Nene

Great

Ouse

and

Ancholme

it

’s

free

Check

tide

predictions

You

can

read

tide

predictions

for

the

next

days

for

rivers

in

England

and

Wales

You

can

also

check

live

and

predicted

tides

on

the

tidal

Thames

tide

predictions

at

Rye

Harbour

tide

predictions

for

Allington

Lock

on

the

River

Medway

River

Thames

You

can

check

the

following

for

the

non

tidal

River

Thames

which

is

managed

by

the

Environment

Agency

current

conditions

on

the

River

Thames

river

closures

and

restrictions

lock

closures

emergency

rendezvous

points

between

Teddington

and

Lechlade

You

can

also

check

current

works

and

closures

on

the

tidal

Thames

which

is

managed

by

the

Port

of

London

Authority

You

should

read

the

navigation

bylaws

and

registration

bylaws

before

you

set

out

You

can

also

check

information

about

bridges

locks

and

facilities

for

boaters

the

River

Thames

and

connecting

waterways

cruising

guide

Port

of

London

Authority

information

about

boating

on

the

Thames

River

Medway

You

can

check

conditions

closures

and

restrictions

on

the

River

Medway

updated

during

business

hours

Monday

to

Friday

am

to

pm

You

can

telephone

Allington

Lock

for

the

latest

information

outside

of

business

hours

You

should

read

the

navigation

bylaws

for

the

Upper

Medway

and

Southern

Region

You

can

also

read

the

user

’s

guide

to

River

Medway

Anglian

Waterways

You

can

check

conditions

closures

and

restrictions

on

Anglian

Waterways

You

should

read

the

recreational

bylaws

before

you

set

out

You

can

also

download

information

about

facilities

and

safety

for

the

following

rivers

Black

Sluice

River

Ancholme

River

Welland

and

Glen

River

Great

Ouse

River

Nene

River

Stour

Rye

Harbour

You

can

check

conditions

closures

and

restrictions

at

Rye

Harbour

You

should

also

check

the

Rye

Harbour

passage

pilot

and

mooring

information

for

boaters

map

guide

bylaws

Scotland

Northern

Ireland

and

other

parts

of

England

You

can

check

river

and

canal

closure

information

on

Canal

River

Trust

waterways

in

England

canal

works

and

closures

on

Scottish

Canals

river

and

canal

restrictions

and

closures

on

Waterways

Ireland


When

you

can

appeal

Your

local

council

makes

decisions

about

right

of

way

applications

You

can

appeal

their

decision

if

you

applied

to

change

the

area

’s

definitive

map

and

statement

and

either

you

disagree

with

the

decision

this

is

known

as

a

schedule

appeal

your

local

council

did

not

make

a

decision

within

months

this

is

known

as

a

direction

request

You

can

not

appeal

if

the

council

approves

a

different

use

for

the

land

for

example

they

make

an

order

for

a

footpath

when

you

applied

for

a

bridleway

you

did

not

submit

your

original

application

correctly

for

example

you

did

not

notify

landowners

who

might

be

affected

by

the

change

There

’s

no

fee

for

appealing

Only

the

person

who

made

the

application

can

appeal

If

you

did

not

apply

you

can

comment

on

an

appeal

instead

Deadline

for

appealing

You

must

appeal

within

days

of

the

date

on

the

decision

letter

or

months

after

you

submitted

the

application

if

your

local

council

has

not

made

a

decision

When

you

can

expect

a

decision

Once

your

appeal

is

validated

you

’ll

normally

get

a

decision

within

weeks

How

to

appeal

Make

your

appeal

to

the

Planning

Inspectorate

by

filling

in

the

appeal

form

Write

to

the

Secretary

of

State

if

you

’re

making

a

direction

request

Because

of

coronavirus

you

can

not

currently

send

your

appeal

form

in

the

post

Email

it

to

rightsofway2@planninginspectorate.gov.uk

instead

If

you

want

to

appeal

more

than

one

decision

you

must

make

a

separate

appeal

for

each

Documents

you

must

provide

If

you

’re

appealing

a

decision

You

must

submit

copies

of

your

original

application

the

reason

for

your

appeal

the

council

’s

decision

notice

any

notices

you

issued

while

applying

for

example

to

let

other

landowners

know

you

were

applying

for

a

change

a

map

showing

the

proposed

right

of

way

any

other

documents

that

directly

support

your

appeal

for

example

your

grounds

for

appeal

confirmation

that

you

’ve

notified

the

local

council

about

your

appeal

If

the

local

council

has

not

made

a

decision

You

must

submit

copies

of

your

original

application

confirmation

that

you

notified

the

landowners

of

your

original

application

Email

your

form

and

these

documents

to

Comment

on

an

appeal

Anyone

can

comment

on

a

right

of

way

appeal

Your

local

council

must

tell

anyone

who

has

commented

on

the

original

application

interested

parties

that

there

’s

an

appeal

The

council

has

to

do

this

within

days

of

the

appeal

being

validated

by

the

Planning

Inspectorate

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

You

’ll

normally

get

a

decision

within

weeks

or

weeks

for

a

direction

request

If

you

’re

successful

For

appeals

the

Planning

Inspectorate

will

tell

the

council

to

make

the

order

There

’s

no

time

limit

for

your

local

council

to

do

this

For

direction

requests

the

Planning

Inspectorate

will

give

the

local

council

a

time

limit

to

make

a

decision

on

your

original

application

If

you

disagree

with

the

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


Overview

You

must

follow

national

and

local

rules

byelaws

when

freshwater

fishing

with

a

rod

and

line

in

England

and

Wales

These

rules

are

aimed

at

protecting

fish

stocks

and

making

fisheries

sustainable

Freshwater

fish

include

salmon

trout

coarse

fish

and

eels

You

must

have

a

rod

licence

to

fish

in

England

and

Wales

if

you

’re

aged

or

older

Find

out

which

rules

apply

to

your

area

England

and

Wales

are

broken

down

into

regions

that

each

have

their

own

rules

National

rules

are

included

in

each

set

of

local

rules

There

may

also

be

rules

for

privately

owned

bodies

of

water

such

as

private

fishing

lakes

Read

the

rules

for

your

area

Read

the

local

byelaws

for

your

area

to

find

out

the

areas

in

your

region

where

you

’re

not

allowed

to

fish

closed

seasons

when

you

ca

n’t

fish

which

apply

to

particular

types

of

water

and

fish

within

your

region

sort

of

tackle

you

can

use

for

certain

fish

in

your

region

size

of

fish

you

can

keep

Read

the

local

byelaws

for

your

region

there

are

different

regulations

for

Wales

When

and

where

you

can

fish

Close

seasons

are

seasons

when

you

ca

n’t

fish

for

some

types

of

fish

on

certain

types

of

water

For

example

you

ca

n’t

fish

for

coarse

fish

on

any

river

in

England

and

Wales

from

March

to

June

Reservoirs

lakes

and

ponds

enclosed

stillwaters

and

canals

You

can

fish

for

coarse

fish

eels

rainbow

trout

and

brown

trout

on

most

enclosed

stillwaters

and

canals

all

year

Read

the

local

byelaws

to

check

your

area

Rivers

streams

drains

or

waterways

other

than

canals

You

ca

n’t

fish

for

coarse

fish

and

eels

on

rivers

from

the

March

to

June

you

can

fish

for

eel

in

some

areas

read

the

local

byelaws

You

need

to

read

the

local

byelaws

for

close

seasons

for

salmon

brown

trout

and

rainbow

trout

on

rivers

Privately

owned

bodies

of

water

can

also

have

their

own

close

seasons

Lock

and

weir

fishing

on

the

Thames

You

must

have

an

additional

permit

to

fish

locks

and

weirs

on

the

Thames

Game

fishing

during

the

coarse

fish

close

season

You

can

fish

for

salmon

trout

and

other

game

fish

during

the

coarse

fish

close

season

You

have

to

use

certain

types

of

lures

and

baits

in

some

areas

however

Midlands

Yorkshire

and

the

north

east

and

north

west

of

England

You

can

only

use

natural

or

artificial

fly

minnow

worm

shrimp

prawn

sand

eel

or

artificial

lures

during

close

season

South

east

of

England

You

can

only

use

artificial

fly

In

the

Thames

area

you

can

apply

for

permission

from

the

Environment

Agency

to

also

use

minnow

caught

in

a

minnow

trap

if

used

on

the

same

waters

Wales

or

the

south

west

of

England

Read

the

local

byelaws

for

Wales

or

the

south

west

of

England

Fish

size

and

catch

limits

You

’re

only

allowed

to

keep

a

certain

amount

of

the

fish

you

catch

These

fish

must

also

be

of

a

certain

size

You

must

return

fish

you

ca

n’t

keep

to

the

water

unharmed

You

’re

committing

an

offence

and

can

be

fined

if

you

take

too

many

fish

or

fish

that

are

n’t

the

right

size

Size

limits

Whether

you

can

keep

a

fish

depends

on

the

type

of

fish

where

you

’re

fishing

Read

the

local

byelaws

for

your

region

You

must

measure

fish

from

the

tip

of

the

snout

to

the

fork

of

the

tail

Catch

limits

There

’s

a

daily

limit

on

the

number

of

fish

you

can

take

Coarse

freshwater

fish

Each

day

you

can

only

take

from

rivers

pike

up

to

cm

grayling

cm

to

cm

small

fish

up

to

cm

including

barbel

chub

common

bream

common

carp

crucian

carp

dace

perch

rudd

silver

bream

roach

smelt

and

tench

Any

eels

you

catch

except

conger

eels

must

be

released

alive

You

can

also

take

minor

or

tiddler

species

such

as

gudgeon

non

native

species

ornamental

varieties

of

native

species

like

ghost

or

koi

carp

You

can

be

fined

if

you

remove

fish

from

privately

owned

waters

without

written

permission

from

the

owner

Salmon

and

trout

Read

your

local

byelaws

for

the

local

daily

limit

of

salmon

and

trout

you

can

take

You

can

be

fined

for

selling

rod

caught

salmon

or

sea

trout

in

England

and

Wales

Tackle

you

can

use

There

are

rules

on

how

many

rods

you

can

use

at

a

time

and

the

types

of

lures

bait

nets

and

weights

Read

the

local

byelaws

for

your

region

Fishing

rods

The

number

of

rods

you

can

use

at

the

same

time

depends

on

the

water

you

’re

fishing

in

and

the

fish

you

’re

trying

to

catch

You

must

make

sure

that

the

distance

between

the

butts

of

the

outermost

rods

is

n’t

more

than

metres

when

fishing

with

multiple

rods

and

lines

It

’s

illegal

to

leave

a

rod

and

line

in

the

water

unattended

or

over

which

you

do

n’t

have

sufficient

control

Lures

bait

and

tackle

In

England

and

Wales

you

must

not

use

crayfish

as

bait

use

another

fish

you

’ve

taken

as

bait

unless

you

’re

doing

so

on

the

same

waters

where

you

caught

it

keep

fish

you

’ve

foul

hooked

caught

with

a

hook

puncturing

anywhere

but

the

fish

’s

mouth

or

throat

these

must

be

returned

alive

use

a

gaff

a

pole

with

a

large

hook

at

the

end

or

a

tailer

a

loop

of

cable

or

wire

at

the

end

of

a

pole

Before

June

you

can

only

use

artificial

lure

and

artificial

fly

to

fish

for

salmon

which

must

be

returned

unharmed

to

the

water

Dispose

of

your

tackle

safely

to

avoid

harm

to

wildlife

Lead

weights

You

can

only

use

lead

weights

if

they

’re

grams

or

less

or

more

than

grams

This

means

lead

shot

weights

from

size

to

size

and

lead

weights

over

ounce

Lead

is

toxic

to

birds

so

if

you

’re

using

lead

dust

shot

make

sure

the

containers

are

spill

proof

Keepnets

keepsacks

and

landing

nets

Keepnets

must

have

no

knotted

meshes

or

meshes

of

metallic

material

have

holes

smaller

than

mm

be

more

than

metres

long

have

supporting

rings

or

frames

less

than

cm

apart

and

more

than

cm

in

circumference

A

keepsack

must

be

made

from

a

soft

dark

coloured

non

abrasive

and

water

permeable

fabric

at

least

cm

by

cm

if

rectangular

at

least

cm

by

cm

by

cm

if

used

with

a

frame

used

to

hold

no

more

than

one

fish

at

a

time

Landing

nets

You

ca

n’t

use

a

landing

net

with

any

meshes

that

are

knotted

or

made

of

metallic

material


Overview

If

your

house

or

business

is

not

connected

to

the

mains

sewer

your

sewage

will

go

to

one

of

the

following

a

septic

tank

an

underground

tank

where

the

solids

sink

to

the

bottom

and

the

liquid

flows

out

and

soaks

through

the

ground

a

small

sewage

treatment

plant

also

known

as

a

package

treatment

plant

a

part

mechanical

system

that

treats

the

liquid

so

it

’s

clean

enough

to

go

into

a

river

or

stream

a

cesspool

also

called

a

cesspit

a

sealed

tank

that

collects

the

sewage

a

non

standard

system

such

as

a

reed

bed

or

trench

arch

system

There

are

different

rules

for

septic

tanks

and

treatment

plants

in

Northern

Ireland

Scotland

and

Wales

You

have

a

non

standard

system

You

must

contact

the

Environment

Agency

to

find

out

if

you

need

a

permit

You

have

a

septic

tank

or

small

sewage

treatment

plant

As

the

operator

of

a

septic

tank

or

small

sewage

treatment

plant

you

must

check

you

meet

the

general

binding

rules

You

must

apply

for

a

permit

if

you

do

not

You

’re

an

operator

if

any

of

the

following

is

true

you

own

the

property

that

uses

the

system

you

own

a

property

that

shares

the

system

with

other

properties

each

property

owner

is

an

operator

and

you

’re

jointly

responsible

for

complying

with

the

general

binding

rules

you

have

a

written

agreement

with

the

property

owner

that

says

you

’re

responsible

for

the

system

’s

maintenance

for

example

you

’re

renting

and

it

’s

in

your

tenancy

agreement

Contact

the

Environment

Agency

if

you

’re

not

sure

whether

you

’re

an

operator

The

general

binding

rules

You

must

follow

the

general

binding

rules

if

you

’re

the

operator

of

a

septic

tank

or

small

sewage

treatment

plant

The

sewage

must

be

domestic

in

nature

for

example

from

a

toilet

bathroom

shower

or

kitchen

of

a

house

flat

or

business

such

as

a

pub

hotel

or

office

contact

the

Environment

Agency

if

you

’re

not

sure

if

the

sewage

is

domestic

in

nature

not

cause

pollution

find

out

how

to

check

for

pollution

There

are

other

rules

depending

on

whether

you

’re

releasing

this

sewage

to

the

ground

for

example

in

your

back

garden

to

a

surface

water

for

example

a

river

or

stream

Ask

your

local

installation

or

maintenance

company

if

you

’re

not

sure

what

sort

of

system

you

have

Releasing

to

the

ground

You

must

use

a

septic

tank

or

a

small

sewage

treatment

plant

and

a

drainage

field

infiltration

system

You

must

apply

for

a

permit

if

you

release

discharge

to

a

well

borehole

or

other

deep

structure

more

than

cubic

metres

litres

per

day

in

a

groundwater

source

protection

zone

You

must

also

read

the

additional

rules

for

discharging

sewage

to

the

ground

Calculate

how

much

sewage

you

discharge

For

sewage

from

a

residential

property

use

the

calculator

to

work

out

how

much

you

discharge

per

day

For

commercial

properties

such

as

a

hotel

restaurant

or

office

or

holiday

accommodation

such

as

a

cottage

or

chalet

use

British

Water

’s

flows

and

loads

guidance

or

contact

the

Environment

Agency

for

advice

Work

out

if

you

’re

in

a

groundwater

source

protection

zone

An

can

be

either

the

area

around

a

commercial

water

supply

shown

on

the

map

of

protected

zones

check

whether

your

discharge

is

in

the

inner

zone

Zone

or

ask

the

Environment

Agency

any

area

within

metres

of

a

private

water

supply

for

human

consumption

ask

your

neighbours

if

they

have

a

spring

well

or

borehole

and

how

far

it

is

from

your

drainage

field

Releasing

to

a

surface

water

You

must

use

a

small

sewage

treatment

plant

You

must

apply

for

a

permit

if

you

’re

discharging

more

than

cubic

metres

litres

per

day

Use

the

calculator

to

work

out

how

much

you

discharge

per

day

You

must

also

read

the

additional

rules

for

discharging

sewage

to

a

surface

water

For

commercial

properties

such

as

a

hotel

restaurant

or

office

or

holiday

accommodation

such

as

a

cottage

or

chalet

use

British

Water

’s

flows

and

loads

guidance

or

contact

the

Environment

Agency

for

advice

Installing

a

new

system

You

must

have

building

regulations

approval

You

may

also

need

planning

permission

Check

with

your

local

council

If

you

did

not

get

permission

and

approval

You

must

apply

retrospectively

for

building

regulations

approval

You

may

also

need

planning

permission

If

your

system

was

installed

before

January

you

should

contact

your

local

council

for

advice

Apply

for

a

permit

You

’ll

need

a

permit

if

you

do

not

meet

the

general

binding

rules

The

form

you

need

to

fill

in

depends

on

where

you

discharge

the

sewage

how

much

you

discharge

If

you

discharge

sewage

to

ground

There

are

different

forms

depending

on

whether

you

’re

in

a

groundwater

protection

zone

Outside

an

There

are

different

forms

if

you

discharge

between

and

cubic

metres

per

day

over

cubic

metres

per

day

Inside

an

If

you

discharge

less

than

cubic

metres

per

day

there

are

different

forms

for

systems

in

use

before

January

for

those

installed

on

or

after

January

There

are

different

forms

if

you

discharge

between

and

cubic

metres

per

day

over

cubic

metres

per

day

If

you

discharge

sewage

to

a

surface

water

If

you

discharge

between

and

cubic

metres

per

day

check

if

you

can

apply

for

a

standard

rules

permit

If

you

can

not

get

a

standard

rules

permit

you

’ll

need

a

permit

to

discharge

up

to

cubic

metres

over

cubic

metres

Before

you

start

You

need

the

figure

grid

reference

for

your

septic

tank

or

treatment

plant

and

the

point

where

it

discharges

to

calculate

the

largest

amount

you

’re

likely

to

discharge

use

one

of

the

calculators

in

the

chapter

on

the

general

binding

rules

to

provide

a

suitable

site

plan

see

an

example

site

plan

Application

fees

Your

application

fee

depends

on

whether

your

site

is

a

domestic

household

charity

or

another

type

of

organisation

You

’re

discharging

to

ground

The

application

fee

for

domestic

households

and

charities

to

discharge

up

to

litres

cubic

metres

per

day

is

The

fees

are

different

for

other

organisations

Size

of

discharge

per

day

Fee

Up

to

litres

cubic

metres

Over

litres

cubic

metres

Any

volume

that

contains

specific

substances

You

’re

discharging

to

a

surface

water

The

application

fee

for

domestic

households

and

charities

to

discharge

up

to

litres

cubic

metres

per

day

is

The

fees

are

different

for

other

organisations

Size

of

discharge

per

day

Fee

Up

to

litres

cubic

metres

Between

litres

cubic

metres

and

litres

cubic

metres

Any

volume

that

contains

specific

substances

Annual

fees

There

’s

an

annual

subsistence

fee

for

sites

that

are

not

domestic

households

or

charities

Size

of

discharge

per

day

Fee

Up

to

litres

Between

litres

and

litres

with

operator

self

monitoring

Between

litres

and

litres

Between

litres

and

litres

with

operator

self

monitoring

How

long

it

takes

You

should

get

a

decision

on

your

application

within

weeks

You

’ll

be

told

if

your

application

may

take

longer

for

example

because

of

planning

issues

Your

application

is

refused

If

your

application

is

refused

you

’ll

be

told

the

reasons

for

refusal

how

you

can

appeal

Complying

with

your

permit

See

the

guidance

on

how

to

comply

with

your

permit

including

maintenance

record

keeping

and

pollution

reporting

requirements

Get

help

You

can

ask

the

Environment

Agency

for

help

with

your

application

You

have

a

cesspool

You

do

not

have

to

comply

with

the

general

binding

rules

or

apply

for

a

permit

You

must

maintain

your

cesspool

and

make

sure

it

is

emptied

regularly

for

example

once

a

month

by

a

registered

waste

carrier

does

not

leak

or

overflow

The

Environment

Agency

or

your

local

council

can

make

you

repair

or

replace

your

cesspool

if

it

’s

in

poor

condition

If

you

install

a

new

cesspool

You

must

get

planning

permission

and

building

regulations

approval

make

sure

it

has

a

minimum

capacity

of

litres

per

users

plus

another

litres

per

each

extra

user

Contact


Overview

You

must

follow

strict

procedures

if

you

want

your

tenants

to

leave

your

property

You

may

be

guilty

of

harassing

or

illegally

evicting

your

tenants

if

you

do

not

follow

the

correct

procedures

There

’s

different

guidance

on

evicting

tenants

in

Northern

Ireland

evicting

tenants

in

Scotland

Procedures

for

different

types

of

tenancy

The

exact

procedure

will

depend

on

the

tenancy

agreement

and

its

terms

Assured

shorthold

tenancies

The

types

of

assured

shorthold

tenancies

are

periodic

tenancies

these

run

week

by

week

or

month

by

month

with

no

fixed

end

date

fixed

term

tenancies

these

run

for

a

set

amount

of

time

You

must

follow

a

set

process

if

your

tenants

have

an

assured

shorthold

tenancy

Give

your

tenants

a

Section

notice

if

you

want

the

property

back

after

a

fixed

term

ends

Give

them

a

Section

notice

if

they

’ve

broken

the

terms

of

the

tenancy

Find

out

how

to

give

Section

and

Section

notices

Apply

to

the

court

for

a

standard

possession

order

if

your

tenants

do

not

leave

by

the

date

specified

on

the

notice

and

they

owe

you

rent

You

can

apply

for

an

accelerated

possession

order

if

you

’re

not

claiming

any

unpaid

rent

Apply

for

a

warrant

for

possession

if

your

tenants

still

will

not

leave

this

means

bailiffs

can

remove

the

tenants

from

your

property

Because

of

coronavirus

bailiffs

will

not

currently

evict

your

tenants

if

your

property

is

in

Wales

unless

there

’s

a

serious

reason

Excluded

tenancies

or

licences

You

do

not

have

to

go

to

court

to

evict

your

tenants

if

they

have

an

excluded

tenancy

or

licence

for

example

if

they

live

with

you

You

only

need

to

give

them

reasonable

notice

to

quit

Reasonable

notice

usually

means

the

length

of

the

rental

payment

period

so

if

your

tenants

pay

rent

weekly

you

can

give

them

one

week

’s

notice

The

notice

does

not

have

to

be

in

writing

You

can

then

change

the

locks

on

their

rooms

even

if

they

still

have

belongings

in

there

Assured

and

regulated

tenancies

If

your

tenants

started

their

tenancy

before

February

they

might

have

an

assured

or

regulated

tenancy

You

’ll

then

have

to

follow

different

rules

to

evict

them

and

they

’ll

have

increased

protection

from

eviction

You

can

get

information

from

Shelter

about

assured

tenancies

in

England

regulated

tenancies

in

England

You

can

get

information

from

Shelter

Cymru

about

assured

tenancies

in

Wales

regulated

tenancies

in

Wales

Your

tenant

owes

rent

and

gets

housing

benefits

If

your

tenant

owes

you

rent

and

claims

Universal

Credit

or

Housing

Benefit

you

may

be

able

get

the

rent

paid

straight

to

you

instead

of

evicting

them

This

is

known

as

managed

payments

Request

managed

payments

if

your

tenant

is

claiming

Universal

Credit

apply

to

the

Department

for

Work

and

Pensions

Housing

Benefit

contact

the

local

council

that

pays

your

tenants

benefits

Section

and

Section

notices

You

can

evict

tenants

who

have

an

assured

shorthold

tenancy

using

a

Section

or

Section

notice

or

both

Use

a

Section

notice

if

your

tenants

have

broken

the

terms

of

the

tenancy

Section

notice

of

seeking

possession

You

can

use

a

Section

notice

to

evict

your

tenants

either

after

a

fixed

term

tenancy

ends

if

there

’s

a

written

contract

during

a

tenancy

with

no

fixed

end

date

known

as

a

periodic

tenancy

You

can

get

legal

advice

if

you

do

not

know

which

notice

to

give

When

you

can

not

use

a

Section

notice

in

England

You

can

not

use

a

Section

notice

if

any

of

the

following

apply

it

’s

less

than

months

since

the

tenancy

started

or

the

fixed

term

has

not

ended

unless

there

’s

a

clause

in

the

contract

which

allows

you

to

do

this

the

property

is

categorised

as

a

house

in

multiple

occupation

HMO

and

does

not

have

a

HMO

licence

from

the

council

the

tenancy

started

after

April

and

you

have

not

put

the

tenants

deposit

in

a

deposit

protection

scheme

the

tenancy

started

after

October

and

you

have

not

used

form

or

a

letter

with

all

the

same

information

on

it

the

council

has

served

an

improvement

notice

on

the

property

in

the

last

months

the

council

has

served

a

notice

in

the

last

months

that

says

it

will

do

emergency

works

on

the

property

you

have

not

repaid

any

unlawful

fees

or

deposits

that

you

charged

the

tenant

read

the

guidance

for

landlords

on

the

Tenant

Fees

Act

You

also

can

not

use

a

Section

notice

if

you

have

not

given

the

tenants

copies

of

the

property

’s

Energy

Performance

Certificate

the

government

’s

How

to

rent

guide

a

current

gas

safety

certificate

for

the

property

if

gas

is

installed

You

must

have

given

your

tenants

the

gas

safety

certificate

and

the

How

to

rent

guide

before

they

moved

in

You

must

have

given

your

tenants

a

copy

of

the

property

’s

Energy

Performance

Certificate

before

they

rented

the

property

When

you

can

not

use

a

Section

notice

in

Wales

You

can

not

use

a

Section

notice

if

any

of

the

following

apply

it

’s

less

than

months

since

the

tenancy

started

or

the

fixed

term

has

not

ended

unless

there

’s

a

clause

in

the

contract

which

allows

you

to

do

this

the

property

is

categorised

as

a

house

in

multiple

occupation

HMO

and

does

not

have

a

HMO

licence

from

the

council

the

tenancy

started

after

April

and

you

have

not

put

the

tenants

deposit

in

a

deposit

protection

scheme

the

tenancy

started

after

November

and

you

do

not

have

a

landlord

licence

Giving

tenants

a

Section

notice

In

England

use

form

if

the

tenancy

was

started

or

renewed

after

September

You

can

also

write

your

own

Section

notice

In

Wales

you

must

explain

in

writing

that

you

are

serving

an

eviction

notice

under

Section

of

the

Housing

Act

How

much

notice

you

need

to

give

Usually

a

Section

notice

must

give

your

tenants

at

least

months

notice

to

leave

your

property

Because

of

coronavirus

you

must

now

give

them

a

longer

notice

period

If

you

gave

your

tenant

notice

between

March

and

August

the

notice

period

must

have

been

at

least

months

If

you

gave

your

tenant

notice

between

August

and

May

the

notice

period

must

have

been

at

least

months

If

you

gave

your

tenant

notice

on

or

after

June

the

notice

period

must

be

at

least

months

In

Wales

the

notice

period

must

be

at

least

months

if

you

gave

your

tenant

notice

on

or

after

July

In

England

you

may

need

to

give

a

longer

notice

period

if

you

have

a

contractual

periodic

tenancy

This

is

a

fixed

term

tenancy

that

has

ended

but

included

a

clause

to

continue

as

a

periodic

tenancy

The

amount

of

notice

must

be

the

same

as

the

rental

period

if

this

is

more

than

months

For

example

if

your

tenant

pays

rent

every

months

you

must

give

months

notice

In

Wales

if

it

’s

a

periodic

tenancy

you

must

let

your

tenants

stay

for

the

notice

period

and

any

additional

time

covered

by

their

final

rent

payment

After

you

give

notice

Keep

proof

that

you

gave

notice

to

your

tenants

either

fill

in

the

certification

of

service

form

write

served

by

your

name

on

the

date

on

the

notice

If

your

tenants

do

not

leave

by

the

specified

date

you

can

use

your

completed

or

notice

to

apply

for

an

accelerated

possession

order

Section

notice

of

seeking

possession

To

give

your

tenants

notice

using

a

Section

you

must

fill

in

a

Notice

seeking

possession

of

a

property

let

on

an

assured

tenancy

or

an

assured

agricultural

occupancy

Specify

on

the

notice

which

terms

of

the

tenancy

they

’ve

broken

You

can

apply

to

the

court

for

a

possession

order

if

your

tenants

do

not

leave

by

the

specified

date

You

can

get

legal

advice

on

how

to

fill

in

a

Section

with

the

correct

notice

periods

and

how

to

give

it

to

your

tenants

How

much

notice

you

need

to

give

If

you

gave

your

tenant

notice

before

March

you

would

have

needed

to

give

them

up

to

months

to

leave

depending

on

the

reason

for

eviction

Because

of

in

most

cases

you

must

now

give

them

a

longer

notice

period

If

you

gave

your

tenant

notice

between

March

and

August

the

notice

period

must

have

been

at

least

months

If

you

gave

your

tenant

notice

between

August

and

May

the

notice

period

must

have

been

at

least

months

If

you

gave

your

tenant

notice

on

or

after

June

the

notice

period

must

be

at

least

months

The

notice

period

can

be

shorter

in

some

cases

for

example

if

you

are

evicting

tenants

for

antisocial

behaviour

Find

more

information

in

the

Technical

guidance

on

eviction

notices

In

Wales

if

you

gave

notice

on

or

after

July

the

notice

period

must

be

at

least

months

If

you

want

to

evict

your

tenants

because

of

antisocial

behaviour

the

notice

period

is

still

months

or

more

Standard

possession

orders

You

can

use

the

possession

claim

online

service

if

you

want

to

get

your

property

back

because

your

tenants

owe

you

rent

This

is

usually

the

next

step

if

you

can

not

agree

a

rent

repayment

plan

with

your

tenant

The

service

lets

you

fill

in

court

forms

online

and

see

how

the

claim

is

progressing

It

costs

If

you

made

a

possession

claim

before

August

You

’ll

usually

need

to

complete

an

form

to

tell

the

court

you

want

to

continue

with

your

claim

You

do

not

need

to

submit

an

form

if

you

submitted

a

reactivation

notice

to

the

court

before

pm

on

April

a

judge

has

issued

a

possession

order

that

says

your

tenants

must

leave

the

property

How

to

submit

an

form

You

’ll

need

to

either

post

copies

of

the

form

with

your

payment

to

the

court

email

the

form

to

the

court

and

give

your

phone

number

the

court

will

call

you

so

that

you

can

pay

over

the

phone

It

will

cost

if

you

want

the

court

to

give

your

tenants

notice

of

your

application

or

if

not

for

example

if

the

case

is

urgent

If

the

judge

for

your

case

decides

that

you

need

to

give

notice

and

you

have

not

you

’ll

need

to

pay

the

extra

You

may

be

eligible

for

help

with

court

fees

When

you

can

not

use

the

online

service

You

will

not

be

able

to

use

the

online

service

for

some

kinds

of

standard

possession

claim

for

example

where

there

’s

been

trespass

on

your

property

or

your

tenants

have

broken

the

terms

of

the

lease

Fill

in

the

paper

standard

possession

claim

form

and

post

it

to

your

local

court

that

deals

with

housing

possession

It

costs

to

apply

Send

a

cheque

made

payable

to

HM

Courts

and

Tribunals

Service

to

the

court

with

your

completed

form

Accelerated

possession

orders

You

can

apply

for

an

accelerated

possession

order

if

your

tenants

have

not

left

by

the

date

specified

in

your

Section

notice

and

you

’re

not

claiming

rent

arrears

This

is

sometimes

quicker

than

applying

for

a

standard

possession

order

and

there

’s

usually

no

court

hearing

It

costs

Fixed

term

tenants

can

not

be

evicted

until

their

tenancy

ends

If

you

want

to

claim

rent

arrears

you

can

use

either

the

standard

possession

procedure

accelerated

procedure

to

get

your

property

back

then

make

a

separate

court

claim

for

the

rent

arrears

If

you

made

a

possession

claim

before

August

You

’ll

usually

need

to

complete

an

form

to

tell

the

court

you

want

to

continue

with

your

claim

You

do

not

need

to

submit

an

form

if

you

submitted

a

reactivation

notice

to

the

court

before

pm

on

April

a

judge

has

issued

a

possession

order

that

says

your

tenants

must

leave

the

property

How

to

submit

an

form

You

’ll

need

to

either

post

copies

of

the

form

with

your

payment

to

the

court

email

the

form

to

the

court

and

give

your

phone

number

the

court

will

call

you

so

that

you

can

pay

over

the

phone

It

will

cost

if

you

want

the

court

to

give

your

tenants

notice

of

your

application

or

if

not

for

example

if

the

case

is

urgent

If

the

judge

for

your

case

decides

that

you

need

to

give

notice

and

you

have

not

you

’ll

need

to

pay

the

extra

You

may

be

eligible

for

help

with

court

fees

How

to

apply

Download

and

fill

in

the

form

for

properties

in

England

available

in

English

and

Welsh

the

form

for

properties

in

Wales

available

in

English

and

Welsh

Send

the

completed

form

to

the

nearest

court

that

deals

with

housing

possession

What

happens

next

Once

your

application

is

approved

the

court

will

send

your

tenants

a

copy

of

the

application

Your

tenants

have

days

to

challenge

the

application

from

the

date

they

receive

it

A

judge

will

decide

either

to

issue

a

possession

order

that

states

your

tenants

must

leave

the

property

this

is

normally

the

case

have

a

court

hearing

this

usually

only

happens

if

the

paperwork

is

not

in

order

or

your

tenants

raise

an

important

issue

Even

if

there

’s

a

hearing

the

court

can

still

decide

to

issue

a

possession

order

If

your

tenants

are

in

an

exceptionally

difficult

situation

the

judge

may

give

them

up

to

weeks

Possession

hearings

and

orders

The

judge

could

decide

to

make

an

order

or

that

a

hearing

is

needed

Hearings

At

the

hearing

they

might

dismiss

the

court

case

no

order

will

be

made

and

the

hearing

will

end

adjourn

the

hearing

it

will

be

moved

to

a

later

date

this

happens

if

a

judge

believes

a

decision

can

not

be

made

on

the

day

make

an

order

a

judge

’s

legal

decision

on

what

should

happen

The

judge

will

dismiss

the

case

if

there

’s

no

reason

your

tenants

should

be

evicted

This

might

also

happen

if

you

have

not

followed

the

correct

procedure

you

or

your

representative

do

not

attend

the

hearing

your

tenants

have

paid

any

rent

that

was

owed

Your

tenants

can

stay

in

your

property

if

the

judge

dismisses

the

case

You

must

restart

the

court

process

from

the

beginning

if

you

still

want

to

evict

them

Coronavirus

and

possession

hearings

Tell

the

court

as

soon

as

possible

if

you

can

not

attend

a

hearing

because

you

have

symptoms

or

you

have

been

told

to

self

isolate

The

judge

will

decide

whether

to

delay

your

case

or

arrange

for

the

hearing

to

take

place

remotely

Orders

The

judge

can

make

different

kinds

of

orders

Order

for

possession

or

outright

possession

order

This

means

your

tenants

must

leave

your

property

before

the

date

given

in

the

order

The

date

will

be

either

or

days

after

the

court

hearing

You

can

ask

the

court

to

evict

them

with

a

warrant

for

possession

if

your

tenants

do

not

leave

your

property

by

the

date

given

If

the

court

gives

a

warrant

your

tenants

will

be

sent

an

eviction

notice

with

a

date

by

when

they

must

leave

your

property

Suspended

order

for

possession

This

means

your

tenants

can

stay

in

your

property

as

long

as

they

make

the

payments

or

obey

the

conditions

set

out

in

the

order

You

can

ask

the

court

to

evict

them

if

they

do

not

make

the

payments

Because

of

bailiffs

will

not

currently

evict

your

tenants

if

your

property

is

in

Wales

unless

there

’s

a

serious

reason(/evicting

tenants

eviction

notices

and

bailiffs

Money

order

This

means

your

tenants

must

pay

you

a

specified

amount

The

courts

could

take

action

if

they

do

not

make

the

payments

including

deducting

money

from

the

tenants

wages

or

bank

accounts

sending

bailiffs

to

take

away

things

they

own

You

can

go

to

court

again

and

ask

for

a

possession

order

if

your

tenants

get

into

rent

arrears

after

a

money

order

is

made

Possession

orders

with

a

money

judgment

A

judge

can

add

a

money

judgment

to

any

of

the

possession

orders

This

means

your

tenants

owe

a

specific

amount

of

money

usually

made

up

of

their

rent

arrears

court

fees

your

legal

costs

The

money

judgment

will

apply

if

they

do

not

pay

the

amount

set

out

in

the

suspended

possession

order

that

’s

linked

to

the

judgment

If

they

do

not

pay

you

can

ask

the

court

to

carry

out

the

instructions

in

the

order

and

the

judgment

The

money

judgment

will

not

apply

if

your

tenants

pay

their

arrears

and

the

amount

set

out

in

a

suspended

possession

order

Appealing

against

the

decision

You

can

only

appeal

if

you

can

show

the

judge

made

mistakes

in

the

original

possession

hearing

You

’ll

need

to

ask

the

judge

for

permission

to

appeal

at

the

end

of

that

hearing

If

you

get

permission

to

appeal

you

’ll

have

to

apply

for

an

appeal

hearing

as

soon

as

possible

afterwards

You

’ll

have

to

pay

a

court

fee

unless

you

qualify

for

financial

help

You

’ll

need

to

get

legal

advice

Eviction

notices

and

bailiffs

You

can

ask

the

court

for

a

warrant

for

possession

if

your

tenants

do

not

leave

the

property

by

the

date

given

in

an

order

for

possession

break

the

terms

of

a

suspended

order

for

possession

When

the

court

issues

a

warrant

it

will

send

your

tenants

an

eviction

notice

with

the

date

they

must

leave

your

property

by

A

bailiff

can

evict

your

tenants

if

they

do

not

leave

by

this

date

You

can

apply

for

a

warrant

of

possession

up

to

years

after

a

possession

order

is

made

Changes

to

evictions

in

Wales

because

of

coronavirus

Currently

bailiffs

will

not

evict

your

tenants

if

your

property

is

in

Wales

unless

there

’s

a

serious

reason

They

will

only

enter

the

property

if

someone

is

living

there

illegally

your

tenant

has

been

involved

in

antisocial

behaviour

If

you

have

a

serious

reason

to

evict

your

tenants

read

the

guidance

about

what

you

need

to

do

How

to

apply

for

a

warrant

You

can

apply

for

a

warrant

for

possession

using

either

form

the

Possession

Claim

Online

service

as

long

as

you

used

it

to

issue

the

original

order

for

possession

It

costs

When

a

warrant

is

issued

You

’ll

be

sent

a

warrant

number

by

the

court

You

’ll

also

be

sent

an

notice

of

appointment

form

to

tell

you

the

date

of

the

eviction

You

must

fill

in

the

form

and

return

it

to

the

court

to

confirm

the

eviction

Otherwise

the

eviction

will

be

cancelled

If

you

transfer

the

warrant

to

the

High

Court

You

can

get

a

writ

of

possession

if

you

transfer

the

warrant

from

the

county

court

to

the

High

Court

This

means

a

High

Court

enforcement

officer

can

evict

your

tenants

You

might

get

a

faster

eviction

this

way

Before

you

transfer

you

’ll

need

to

apply

for

permission

from

the

county

court

if

you

do

not

already

have

it

It

costs

Delaying

eviction

Your

tenants

can

ask

a

judge

to

suspend

the

warrant

for

possession

at

a

new

hearing

The

judge

could

delay

the

eviction

or

let

your

tenants

stay

in

your

property

if

they

can

make

payments

again

Changing

payments

If

your

tenants

circumstances

change

they

can

ask

a

judge

at

a

new

hearing

to

change

what

they

pay

You

’ll

need

to

get

legal

advice

Harassment

and

illegal

evictions

It

’s

a

crime

to

harass

or

try

to

force

your

tenants

out

of

a

property

without

following

correct

procedures

Your

tenants

might

have

the

right

to

claim

damages

through

the

court

if

you

do

not

follow

the

rules

What

is

harassment

Harassment

can

be

anything

you

do

or

do

not

do

that

makes

your

tenants

feel

unsafe

in

your

property

or

forces

them

to

leave

Harassment

can

include

stopping

services

like

electricity

withholding

keys

for

example

if

there

are

tenants

in

a

property

but

you

’ll

only

give

one

key

refusing

to

carry

out

repairs

antisocial

behaviour

by

someone

on

your

behalf

for

example

your

friend

moves

in

next

door

to

your

tenants

and

causes

problems

threats

and

physical

violence

Illegal

eviction

You

may

be

guilty

of

illegal

eviction

if

you

do

not

give

your

tenants

the

right

amount

of

notice

to

leave

your

property

change

the

locks

evict

your

tenants

without

a

court

order


The

Right

to

Manage

The

Right

to

Manage

RTM

lets

some

leasehold

property

owners

take

over

management

of

the

building

even

without

the

agreement

of

the

landlord

As

a

landlord

the

leaseholders

in

your

building

will

send

you

notice

if

they

plan

to

do

this

If

they

’re

successful

you

’ll

still

own

the

building

but

they

’ll

manage

it

This

means

they

’ll

be

responsible

for

things

like

collecting

and

managing

the

service

charge

upkeep

of

communal

areas

such

as

communal

hallways

and

stairs

upkeep

of

the

structure

of

the

building

such

as

the

roof

dealing

with

complaints

about

the

building

from

other

leaseholders

Qualifying

leaseholders

can

use

the

Right

to

Manage

for

any

reason

they

do

n’t

have

to

prove

the

building

has

been

badly

managed

Right

to

Manage

companies

To

use

the

right

leaseholders

must

set

up

an

RTM

company

and

follow

certain

procedures

The

RTM

company

can

manage

the

building

directly

or

pay

a

managing

agent

to

do

it

As

landlord

you

have

the

right

to

be

a

member

of

the

RTM

company

and

to

vote

on

decisions

You

get

at

least

vote

How

many

votes

you

’ll

get

depends

on

how

many

flats

you

own

in

the

building

The

RTM

company

must

pay

for

any

costs

you

incur

during

the

management

transfer

process

even

if

it

does

n’t

end

up

managing

the

building

Qualifying

To

qualify

for

Right

to

Manage

the

building

must

be

made

up

of

flats

houses

do

n’t

qualify

at

least

two

thirds

of

the

flats

in

the

building

must

be

leasehold

with

leases

that

were

for

more

than

years

when

they

were

granted

at

least

of

the

building

must

be

residential

for

example

if

there

’s

a

shop

in

the

building

it

ca

n’t

take

up

more

than

of

the

total

floor

area

you

must

live

somewhere

else

if

there

are

less

than

flats

in

the

block

unless

the

block

was

purpose

built

as

flats

rather

than

converted

from

another

type

of

building

any

number

of

owners

can

set

up

an

RTM

company

but

at

least

half

of

the

flats

in

the

building

must

be

members

of

the

company

before

it

can

actually

take

over

management

Notices

Normally

the

leaseholders

will

contact

you

once

they

’ve

set

up

an

RTM

company

You

may

get

a

right

to

information

notice

from

the

company

asking

for

the

information

they

need

in

order

to

claim

their

Right

to

Manage

You

receive

a

notice

of

claim

If

you

receive

a

notice

of

claim

it

means

that

the

RTM

company

intends

to

take

over

management

of

the

building

It

will

tell

you

the

date

you

must

respond

by

the

date

the

RTM

company

intends

to

take

over

management

of

the

building

You

can

accept

the

claim

dispute

the

claim

the

notice

of

claim

will

tell

you

when

you

need

to

do

this

by

but

the

deadline

ca

n’t

be

less

than

month

from

the

date

of

the

notice

Disputing

the

claim

You

can

dispute

the

claim

by

serving

a

counter

notice

to

the

Right

to

Manage

RTM

company

In

it

you

must

give

reasons

why

you

think

the

company

is

n’t

entitled

to

manage

the

building

You

can

dispute

the

claim

if

you

think

the

building

does

n’t

qualify

the

RTM

company

does

n’t

comply

with

the

legal

requirements

the

RTM

company

members

do

n’t

represent

half

the

flats

in

the

building

You

ca

n’t

dispute

the

claim

for

any

other

reason

Leasehold

Valuation

Tribunal

If

the

members

of

the

RTM

company

think

you

’re

wrong

the

company

must

apply

to

the

Leasehold

Valuation

Tribunal

LVT

within

months

of

the

date

of

the

counter

notice

The

LVT

will

then

decide

if

the

RTM

company

can

manage

the

building

Transferring

management

of

the

building

If

you

accept

the

Right

to

Manage

RTM

company

’s

notice

or

if

you

dispute

the

claim

and

the

Leasehold

Valuation

Tribunal

LVT

decides

against

you

the

management

of

the

building

will

transfer

to

the

RTM

company

The

date

the

RTM

company

takes

over

management

responsibilities

is

called

the

date

of

acquisition

This

will

be

on

the

date

given

on

the

notice

of

claim

if

you

accept

the

claim

months

after

the

LVT

decision

becomes

final

if

you

disputed

the

claim

and

lost

months

after

agreement

if

you

originally

disputed

the

claim

but

later

came

to

an

agreement

with

the

RTM

company

You

must

transfer

any

money

you

have

from

service

charges

on

the

acquisition

date

or

as

soon

after

as

is

reasonably

possible

Ongoing

management

The

RTM

company

must

tell

you

at

least

days

before

approving

assignment

selling

or

transferring

the

flat

into

someone

else

’s

name

a

sublet

a

charge

to

leaseholders

If

the

lease

says

your

consent

is

needed

the

RTM

company

must

give

you

days

notice

before

approving

any

changes

to

the

structure

of

the

building

any

changes

to

the

use

of

the

building

For

other

approvals

they

must

tell

you

at

least

days

in

advance

Read

the

Leasehold

Advisory

Service

’s

guide

on

The

Right

to

Manage

for

a

detailed

explanation

of

how

Right

to

Manage

works


Apply

for

a

council

home

You

apply

for

council

housing

through

your

local

council

Each

council

has

its

own

rules

You

’ll

usually

have

to

join

a

waiting

list

and

you

’re

not

guaranteed

to

get

a

property

Ask

your

council

how

long

you

’re

likely

to

have

to

wait

You

can

apply

if

you

’re

or

over

some

councils

let

you

apply

if

you

’re

or

over

You

may

be

able

to

apply

even

if

you

do

not

live

in

the

area

Waiting

lists

Councils

decide

who

gets

offered

housing

based

on

a

points

or

banding

system

Points

and

bands

are

based

on

housing

need

For

example

you

’re

likely

to

be

offered

housing

first

if

you

are

homeless

live

in

cramped

conditions

have

a

medical

condition

made

worse

by

your

current

home

Once

you

’re

high

enough

on

the

list

your

council

will

contact

you

about

an

available

property

Choice

based

lettings

Some

councils

have

a

choice

based

letting

scheme

This

lets

you

tell

your

council

which

properties

you

’re

interested

in

It

depends

on

the

council

but

once

you

’ve

been

accepted

onto

the

waiting

list

the

basic

steps

are

Find

a

property

check

in

local

papers

on

council

websites

in

council

offices

or

in

local

libraries

Check

you

can

apply

for

it

some

properties

are

only

suitable

for

single

people

families

or

disabled

people

Apply

this

is

known

as

bidding

but

it

does

not

involve

money

You

can

bid

online

by

phone

or

by

text

Get

the

council

’s

decision

Getting

an

offer

Normally

you

only

have

a

short

time

to

accept

a

housing

offer

If

you

do

not

accept

it

you

can

usually

stay

on

the

waiting

list

or

bid

for

other

properties

but

you

may

be

put

lower

down

the

list

You

may

be

taken

off

the

list

temporarily

if

you

keep

rejecting

offers

You

can

appeal

if

you

’re

not

happy

with

your

council

’s

decision

Types

of

tenancy

Your

tenancy

agreement

is

a

legal

document

and

tells

you

all

the

rules

about

living

in

your

property

Different

council

tenants

have

different

tenancies

These

give

you

different

rights

and

responsibilities

Introductory

tenancy

New

council

tenants

may

be

offered

an

introductory

tenancy

These

usually

last

months

and

are

like

a

trial

period

You

automatically

become

a

secure

or

flexible

tenant

after

months

unless

your

council

has

either

started

action

to

evict

you

extended

your

introductory

tenancy

for

a

further

months

There

are

limits

to

what

you

can

do

with

an

introductory

tenancy

for

example

you

can

not

make

major

improvements

to

the

property

swap

your

property

with

another

council

tenant

apply

to

buy

your

property

through

the

Right

to

Buy

scheme

Secure

tenancy

As

a

secure

tenant

you

can

normally

live

in

the

property

for

the

rest

of

your

life

as

long

as

you

do

not

break

the

conditions

of

the

tenancy

You

can

rent

out

rooms

but

you

can

not

sub

let

the

whole

property

buy

your

property

through

the

Right

to

Buy

scheme

swap

your

home

with

another

council

or

housing

association

tenant

with

your

council

’s

permission

transfer

your

tenancy

to

someone

else

in

some

circumstances

make

improvements

to

your

home

you

’ll

need

permission

from

your

council

for

some

types

of

work

Scottish

secure

tenancy

You

’ll

usually

have

a

Scottish

secure

tenancy

if

you

rent

your

home

from

the

council

a

housing

association

or

housing

co

operative

in

Scotland

Flexible

tenancy

As

a

flexible

tenant

you

have

tenancy

for

a

fixed

period

This

is

usually

for

at

least

years

though

in

some

cases

it

may

be

between

and

years

At

the

end

of

the

fixed

period

the

council

may

decide

to

offer

you

another

fixed

term

tenancy

offer

you

a

secure

tenancy

not

renew

your

tenancy

They

must

explain

their

reasons

if

they

decide

not

to

renew

your

tenancy

and

give

you

a

chance

to

challenge

the

decision

As

a

flexible

tenant

you

can

rent

out

rooms

but

you

can

not

sub

let

the

whole

property

buy

your

property

through

the

Right

to

Buy

scheme

swap

your

home

with

another

council

or

housing

association

tenant

with

your

council

’s

permission

transfer

your

tenancy

to

someone

else

in

some

circumstances

Joint

tenancy

Under

a

joint

tenancy

all

the

tenants

share

equal

responsibility

You

can

apply

for

a

joint

tenancy

at

any

time

if

you

’re

married

or

in

a

registered

civil

partnership

You

must

usually

have

lived

together

at

the

property

for

at

least

months

if

you

’re

a

cohabiting

couple

or

related

like

brother

and

sister

Transferring

your

tenancy

Secure

and

flexible

tenants

may

be

able

to

transfer

a

tenancy

to

someone

else

or

in

some

circumstances

pass

on

a

tenancy

to

someone

when

they

die

Secure

tenancies

granted

before

April

can

be

transferred

or

passed

on

only

once

For

example

if

you

take

over

a

tenancy

when

someone

dies

you

can

not

pass

on

the

tenancy

to

someone

else

when

you

die

Some

secure

and

flexible

tenancies

granted

from

April

may

mean

you

can

transfer

or

pass

on

your

tenancy

more

than

once

check

your

tenancy

agreement

To

transfer

a

tenancy

complete

a

request

to

assign

tenancy

form

available

from

your

local

council

’s

housing

department

Ending

your

tenancy

Your

tenancy

can

only

be

ended

if

you

give

the

council

weeks

notice

in

writing

the

council

evicts

you

the

council

needs

to

move

you

for

example

to

redevelop

the

property

it

should

offer

you

a

new

property

and

a

new

tenancy

with

no

less

security

Secure

tenancies

can

also

end

if

the

council

needs

to

move

you

for

example

to

redevelop

your

property

it

should

offer

you

a

new

property

and

a

new

secure

tenancy

you

transfer

your

tenancy

to

someone

else

or

swap

homes

Ending

joint

tenancies

If

only

one

of

you

wants

to

end

the

tenancy

and

the

other

joint

tenant(s

wants

to

stay

in

the

property

your

council

may

give

the

remaining

tenant(s

a

new

tenancy

at

the

same

property

not

give

them

a

new

tenancy

for

example

because

the

property

could

be

offered

to

another

couple

or

family

If

one

joint

tenant

dies

the

tenancy

continues

for

the

surviving

tenant(s

If

you

and

your

partner

divorce

or

your

relationship

breaks

down

and

you

can

not

agree

on

who

gets

the

tenancy

a

court

can

decide

this

Repairs

and

maintenance

You

’re

likely

to

be

responsible

for

things

like

fixing

a

curtain

or

shower

rail

getting

keys

cut

if

you

lose

them

arranging

and

paying

for

any

damage

you

or

your

visitors

have

caused

in

your

home

to

be

put

right

Your

council

is

responsible

for

making

sure

the

structure

of

your

property

is

kept

in

good

condition

this

includes

the

walls

ceiling

roof

and

windows

gas

and

electricity

appliances

work

safely

shared

parts

of

a

building

or

housing

estate

are

kept

in

good

condition

Your

council

will

have

a

published

policy

setting

out

the

timescales

in

which

it

will

carry

out

different

types

of

repairs

You

should

get

several

weeks

warning

of

any

work

needed

You

can

request

a

repair

to

your

council

property

to

fix

an

urgent

problem

Leaving

your

home

You

may

have

to

leave

your

home

if

major

works

are

needed

on

the

building

Your

council

must

find

you

somewhere

to

live

while

work

is

carried

out

and

pay

for

the

cost

of

this

You

may

also

get

money

from

your

council

to

pay

for

the

cost

of

moving

and

the

inconvenience

it

causes

If

council

works

damage

your

property

The

council

should

repair

any

damage

caused

by

maintenance

or

building

work

You

may

be

able

to

get

a

reduction

in

your

rent

if

the

repairs

cause

a

lot

of

disruption

Your

own

home

improvements

The

kind

of

improvements

you

can

make

to

your

council

property

depends

on

the

type

of

tenancy

you

have

Introductory

tenants

are

usually

limited

to

minor

improvements

like

redecorating

inside

If

you

’re

a

secure

tenant

you

have

the

right

to

carry

out

improvements

to

your

property

These

include

installing

a

new

bathroom

or

kitchen

building

an

extension

putting

up

a

garden

shed

or

greenhouse

installing

a

new

gas

fire

or

fireplace

cavity

wall

insulation

redecorating

the

outside

of

a

house

fitting

an

aerial

or

satellite

dish

You

might

need

your

council

’s

written

permission

for

work

you

do

Contact

your

council

if

you

’re

not

sure

Complaints

Follow

these

steps

if

you

have

a

problem

with

your

council

housing

Complain

to

your

council

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

can

not

resolve

the

problem

with

your

council

Contact

the

Housing

Ombudsman

if

you

and

your

council

still

can

not

resolve

the

problem

Council

housing

fraud

You

’re

likely

to

lose

your

tenancy

and

you

could

lose

your

right

to

council

housing

in

the

future

if

you

’re

caught

committing

housing

fraud

You

may

be

fined

or

sent

to

prison

if

the

fraud

is

serious

Housing

fraud

includes

not

telling

the

truth

when

applying

for

a

property

for

example

claiming

to

have

children

when

you

do

not

sub

letting

a

property

without

permission

living

in

a

property

after

someone

has

died

without

the

right

to

do

so

How

councils

check

for

housing

fraud

Councils

will

check

a

tenant

’s

housing

record

against

other

records

for

example

Housing

Benefit

or

the

Electoral

Roll

that

the

genuine

tenant

lives

at

the

property

for

example

asking

to

see

the

tenant

’s

passport

and

tenancy

agreement

Checks

can

happen

at

any

time

during

a

tenancy

without

any

warning

Report

suspected

housing

fraud

Most

councils

have

a

telephone

number

for

people

to

report

suspicious

behaviour

You

do

not

have

to

give

your

name

or

address

when

reporting

suspected

fraud

Buy

your

council

home

Under

the

Right

to

Buy

scheme

you

can

apply

to

buy

your

council

home

if

it

’s

your

only

or

main

home

it

’s

self

contained

you

’re

a

secure

tenant

you

’ve

had

a

public

sector

landlord

for

years

for

example

a

council

housing

association

or

NHS

trust


When

you

can

appeal

Your

council

makes

decisions

about

work

on

trees

protected

by

preservation

orders

You

can

appeal

if

you

applied

to

cut

down

or

carry

out

work

on

a

protected

tree

and

you

disagree

with

the

decision

a

decision

was

not

made

within

weeks

You

can

also

appeal

if

you

disagree

with

a

tree

replacement

notice

you

’ve

been

given

There

’s

no

fee

for

appealing

Deadline

for

appealing

You

must

appeal

within

days

of

the

date

on

the

council

’s

decision

notice

before

the

date

the

tree

replacement

notice

comes

into

effect

There

’s

no

deadline

if

you

’re

appealing

because

your

application

was

not

decided

within

weeks

When

you

can

expect

a

decision

Once

your

appeal

is

validated

you

’ll

normally

get

a

decision

within

weeks

How

to

appeal

Fill

in

a

tree

preservation

order

appeal

form

or

a

tree

replacement

notice

appeal

form

You

also

need

a

copy

of

the

council

’s

decision

or

notice

any

other

documents

that

directly

support

your

appeal

Email

these

documents

with

your

completed

appeal

form

to

the

council

who

made

the

decision

and

the

Planning

Inspectorate

Because

of

coronavirus

you

can

not

currently

appeal

by

post

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

Their

decision

about

your

appeal

will

be

based

on

the

information

you

send

a

site

visit

your

council

’s

documents

for

example

the

tree

preservation

order

Your

case

officer

will

write

to

you

if

they

need

more

information

You

’ll

normally

get

a

decision

within

weeks

Interested

parties

The

council

may

decide

to

contact

anyone

who

commented

on

your

original

application

interested

parties

Your

case

officer

will

consider

the

statements

any

interested

parties

made

Interested

parties

can

not

make

any

further

comments

during

the

appeal

but

can

withdraw

their

original

statement

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

However

you

might

have

to

pay

another

party

’s

costs

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

about

listed

building

consent

applications

You

can

appeal

a

decision

if

either

you

disagree

with

it

the

decision

was

not

made

within

weeks

weeks

for

a

major

development

for

example

or

more

dwellings

or

a

building

of

more

than

square

metres

There

’s

no

fee

for

appealing

Only

the

person

who

made

the

application

can

appeal

If

you

did

not

apply

you

can

comment

on

an

appeal

instead

Deadline

for

appealing

You

must

appeal

within

months

of

either

the

date

of

the

decision

when

the

decision

was

due

if

you

did

not

get

one

within

weeks

weeks

for

a

major

development

When

you

can

expect

a

decision

You

’ll

get

a

decision

once

your

appeal

is

validated

Check

how

long

planning

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

and

your

supporting

documents

to

your

local

planning

authority

The

Planning

Inspectorate

will

tell

you

how

to

do

this

Documents

you

must

provide

You

must

submit

a

copy

of

your

listed

building

consent

application

form

and

all

documents

you

sent

with

your

application

a

copy

of

the

site

ownership

certificate

site

plans

any

correspondence

with

your

local

planning

authority

any

other

documents

that

directly

support

your

appeal

for

example

boundary

maps

You

can

upload

these

documents

when

you

appeal

Comment

on

an

appeal

Anyone

can

comment

on

a

listed

building

consent

appeal

Find

the

case

on

the

appeals

casework

portal

The

deadline

for

comments

is

weeks

after

the

start

date

of

the

appeal

Your

local

planning

authority

must

tell

anyone

who

has

commented

on

the

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


Telling

your

local

council

Street

parties

on

quiet

streets

that

do

n’t

affect

the

wider

road

network

count

as

small

events

If

you

’re

planning

a

small

event

for

neighbours

apply

to

hold

a

street

party

through

your

local

council

Tell

your

council

about

your

event

to

weeks

before

it

happens

Tell

your

council

the

date

and

time

of

the

party

or

event

whether

or

not

you

want

to

close

a

road

or

section

of

road

and

its

name

if

the

road

is

part

of

a

bus

route

or

used

by

through

traffic

a

list

of

any

properties

or

businesses

affected

if

you

’ve

consulted

neighbours

Smaller

events

You

do

n’t

have

to

tell

the

council

if

you

hold

a

smaller

event

Closing

a

road

You

’ll

need

to

get

permission

from

your

local

council

to

close

a

road

Some

local

councils

will

lend

you

signs

and

cones

or

you

can

hire

or

buy

signs

The

Street

Party

site

gives

advice

on

road

closures

Make

sure

that

the

emergency

services

can

still

get

down

the

street

if

they

need

to

If

your

party

is

on

a

bus

route

the

bus

company

will

want

to

know

about

it

in

advance

Some

councils

will

contact

emergency

services

and

transport

providers

for

you

but

others

expect

you

to

do

it

Licences

Alcohol

and

food

A

licence

is

n’t

needed

if

you

’re

going

to

provide

alcohol

for

free

at

your

event

To

sell

alcohol

you

’ll

need

a

temporary

events

notice

which

costs

You

can

get

one

from

your

local

council

Food

can

be

served

and

sold

up

to

pm

without

a

licence

If

you

want

to

serve

or

sell

it

after

pm

contact

your

council

You

do

n’t

need

a

licence

to

give

alcoholic

beverages

away

as

prizes

like

a

bottle

of

champagne

for

a

winning

raffle

ticket

but

there

are

rules

about

what

can

be

given

away

Contact

your

council

for

more

information

Music

You

do

n’t

need

a

music

licence

whether

the

music

is

live

or

prerecorded

as

long

as

your

street

party

is

a

private

party

for

residents

and

you

have

n’t

advertised

the

music

to

make

money

or

attract

people

Raffles

and

tombolas

Gambling

regulations

do

n’t

apply

if

tombola

or

raffle

tickets

are

sold

on

the

day

and

the

prizes

are

n’t

worth

more

than

in

total

If

tickets

are

sold

in

advance

or

your

prizes

are

worth

more

than

contact

your

local

council

as

you

might

have

to

register

your

raffle

as

a

lottery


Overview

Military

low

flying

is

used

to

train

military

aircrew

Low

flying

by

military

aircraft

is

carried

out

across

all

of

the

UK

Low

flying

means

fixed

wing

aircraft

flying

down

to

feet

from

the

ground

rotary

wing

aircraft

for

example

helicopters

flying

down

to

feet

from

the

ground

Rotary

wing

aircraft

can

also

be

authorised

to

go

lower

than

feet

from

the

ground

Low

flying

is

n’t

usually

allowed

in

areas

around

airports

or

towns

and

cities

with

populations

of

more

than

Find

out

more

about

safety

concerns

and

low

flying

noise

from

commercial

airports

Where

and

when

low

flying

happens

The

UK

is

divided

into

separate

low

flying

areas

Three

of

these

areas

are

also

known

as

tactical

training

areas

These

are

in

central

Wales

northern

Scotland

the

borders

area

of

southern

Scotland

and

northern

England

Ministry

of

Defence

MOD

publishes

a

monthly

timetable

for

the

low

flying

tactical

training

areas

and

MOD

sponsored

air

exercises

Air

weapons

ranges

The

Royal

Air

Force

RAF

currently

uses

air

weapons

ranges

These

are

Donna

Nook

and

Holbeach

in

Lincolnshire

Pembrey

Sands

in

Carmarthenshire

Tain

in

Ross

shire

Cape

Wrath

in

Sutherland

Air

weapons

ranges

are

used

for

low

flying

military

aircraft

air

to

ground

bombing

MOD

publishes

a

monthly

timetable

for

air

weapons

ranges

activity

Red

flags

or

lights

signs

and

sentries

show

when

you

ca

n’t

go

onto

an

air

weapons

range

You

can

also

contact

MOD

about

low

flying

in

your

area

Find

out

about

low

flying

in

your

area

Contact

the

Ministry

of

Defence

MOD

for

information

about

low

flying

military

aircraft

in

your

area

Low

flying

in

England

Wales

and

Scotland

Contact

the

Low

Flying

Complaints

and

Enquiries

Unit

to

complain

or

enquire

about

low

flying

in

your

area

To

make

a

complaint

send

the

following

information

your

name

full

address

and

postcode

telephone

number

date

and

time

of

the

problem

location

of

the

problem

type

of

aircraft

if

known

a

brief

description

of

your

complaint

You

should

get

a

response

within

days

Your

complaint

can

be

investigated

by

the

Defence

Flying

Complaints

Investigation

Team

if

it

’s

about

serious

injuries

or

damage

Enquiries

about

horse

riding

Call

the

low

level

advisory

service

if

you

want

to

ride

a

horse

and

are

worried

about

low

flying

aircraft

Low

flying

in

Northern

Ireland

Request

low

flying

to

be

temporarily

stopped

You

can

apply

to

have

low

flying

stopped

temporarily

in

your

area

for

example

if

you

’re

holding

an

agricultural

or

horse

show

Contact

the

Ministry

of

Defence

MOD

to

apply

They

will

grant

your

request

if

it

does

n’t

significantly

disturb

the

low

flying

training

When

applying

make

sure

you

include

the

name

and

nature

of

the

event

location

and

ordnance

survey

grid

reference

contact

details

for

the

people

holding

the

event

date

and

time

when

you

would

like

low

flying

to

be

stopped


Overview

You

may

be

able

to

sell

your

property

to

the

government

at

its

market

unblighted

value

or

receive

a

lump

sum

payment

if

it

’s

near

the

proposed

High

Speed

Two

route

The

property

scheme

you

’re

eligible

for

depends

on

the

location

of

your

property

and

which

phase

of

affects

you

Check

your

location

You

’ll

need

to

find

out

if

your

property

is

in

the

safeguarded

area

in

the

rural

support

zone

in

the

homeowner

payment

zone

outside

the

zones

Check

the

route

for

Phase

Phase

or

Phase

to

see

if

your

property

is

in

one

of

these

zones

If

you

’re

in

a

safeguarded

area

You

can

apply

through

one

of

the

following

Express

Purchase

Scheme

Need

to

Sell

Scheme

If

you

’re

in

a

rural

support

zone

You

can

apply

through

one

of

the

following

Cash

Offer

or

Voluntary

Purchase

Scheme

Need

to

Sell

Scheme

If

you

’re

in

a

homeowner

payment

zone

Phase

You

can

apply

for

the

Homeowner

Payment

Scheme

You

can

not

apply

yet

if

you

’re

affected

by

phases

or

If

you

can

not

sell

your

property

because

of

You

can

apply

for

the

Need

to

Sell

Scheme

if

your

property

is

affected

but

it

’s

outside

the

zones

and

safeguarded

area

it

is

not

covered

by

a

scheme

Rent

Back

You

can

apply

to

rent

and

continue

living

in

the

property

if

you

sell

it

to

the

government

under

one

of

these

schemes

Contact

Contact

if

you

have

any

questions

for

example

about

what

scheme

you

should

apply

to

or

the

application

process

You

can

complain

to

about

your

application

for

example

if

you

think

the

decision

is

taking

too

long

Express

Purchase

Scheme

You

can

sell

your

property

to

the

government

through

the

Express

Purchase

Scheme

if

either

your

house

or

of

the

total

area

of

your

property

is

inside

the

area

marked

surface

safeguarding

on

the

safeguarding

maps

your

property

was

in

the

safeguarding

area

called

the

Extended

Homeowner

Protection

Zone

but

has

since

been

removed

check

with

whether

you

qualify

You

can

still

apply

to

sell

your

property

with

a

blight

notice

if

you

do

not

qualify

for

Express

Purchase

but

the

government

will

only

buy

your

property

if

it

’s

needed

for

the

construction

of

Who

can

apply

You

must

be

the

owner

occupier

of

a

residential

agricultural

or

commercial

property

or

their

personal

representative

if

they

’ve

died

for

example

the

executor

of

their

will

Mortgage

lenders

for

example

banks

and

building

societies

in

vacant

possession

of

a

qualifying

property

can

apply

Your

commercial

property

will

not

qualify

for

Express

Purchase

or

under

a

blight

notice

if

it

has

a

rateable

value

of

or

more

inside

Greater

London

An

owner

occupier

must

be

the

freeholder

or

a

leaseholder

with

at

least

years

left

on

the

lease

be

living

in

or

running

a

business

from

the

property

or

have

done

so

for

at

least

months

in

the

last

months

if

the

property

’s

currently

empty

You

can

get

advice

from

a

chartered

surveyor

about

your

eligibility

Read

full

guidance

on

eligibility

What

you

’ll

get

If

you

qualify

the

government

will

buy

your

property

at

its

open

market

value

as

if

was

not

going

to

be

being

built

known

as

unblighted

value

give

you

a

home

loss

payment

equal

to

of

the

property

’s

open

market

value

up

to

pay

reasonable

expenses

for

example

stamp

duty

surveyors

and

legal

fees

and

removal

costs

Apply

You

must

complete

the

correct

blight

notice

to

apply

for

Express

Purchase

You

must

include

original

or

certified

copies

of

proof

of

ownership

for

example

Land

Registry

title

proof

the

property

was

occupied

for

months

of

the

last

months

for

example

utility

bills

covering

at

least

months

business

rates

bills

if

you

’re

applying

for

a

commercial

property

plans

of

the

property

for

example

Land

Registry

plans

showing

the

property

boundaries

proof

of

representation

if

applicable

for

example

power

of

attorney

If

you

’re

sending

a

blight

notice

but

do

not

qualify

for

Express

Purchase

include

a

description

of

what

you

’ve

done

to

sell

the

property

for

example

copies

of

correspondence

with

estate

agents

Email

your

completed

application

to

with

your

supporting

documents

You

can

also

send

your

notice

and

supporting

evidence

by

registered

post

What

happens

next

You

’ll

get

a

decision

on

your

application

within

months

You

have

up

to

years

to

accept

the

offer

if

your

application

’s

accepted

Track

your

application

online

will

send

you

a

username

and

password

to

track

your

application

after

you

apply

You

can

then

track

your

application

online

You

’ll

choose

a

new

password

after

you

sign

in

for

the

first

time

If

you

have

not

been

sent

a

username

and

password

contact

your

case

officer

for

help

tracking

your

application

Complaints

Follow

’s

complaints

procedure

if

you

want

to

complain

about

the

service

you

received

for

example

about

how

long

it

took

to

reach

a

decision

on

your

application

or

the

result

Exceptional

Hardship

Scheme

Phase

The

Exceptional

Hardship

Scheme

has

now

closed

If

you

’ve

already

applied

If

you

have

not

received

a

decision

your

application

will

automatically

be

transferred

to

the

Need

to

Sell

Scheme

If

you

’ve

received

a

decision

and

were

successful

the

purchase

of

your

property

will

not

be

affected

by

the

closure

of

the

scheme

If

you

were

unsuccessful

you

may

now

be

eligible

for

one

of

the

other

compensation

schemes

Complaints

Follow

’s

complaints

procedure

if

you

want

to

complain

about

the

service

you

received

for

example

how

long

it

took

to

reach

a

decision

on

your

application

Need

to

Sell

Scheme

You

may

be

able

to

sell

your

property

to

the

government

through

the

Need

to

Sell

Scheme

if

you

have

a

compelling

reason

to

sell

but

can

not

as

a

direct

result

of

the

announcement

of

the

route

Compelling

reasons

include

unemployment

relocation

for

a

new

job

or

ill

health

but

each

application

is

judged

on

its

merits

Before

you

apply

Check

if

you

’re

eligible

to

ask

the

government

to

buy

your

property

through

statutory

blight

the

Express

Purchase

Scheme

the

Cash

Offer

or

Voluntary

Purchase

Scheme

Who

can

apply

You

must

be

one

of

the

following

the

owner

occupier

of

a

residential

agricultural

or

commercial

property

the

personal

representative

of

the

owner

occupier

if

they

’ve

died

for

example

the

executor

of

their

will

a

reluctant

landlord

renting

out

your

property

because

you

can

not

sell

it

Mortgage

lenders

such

as

banks

and

building

societies

in

vacant

possession

of

a

qualifying

property

can

apply

Your

commercial

property

will

not

qualify

for

the

Need

to

Sell

Scheme

if

it

has

a

rateable

value

of

or

more

inside

Greater

London

An

owner

occupier

must

be

the

freeholder

or

a

leaseholder

with

at

least

years

left

on

the

lease

be

living

in

or

running

a

business

from

the

property

or

have

done

so

for

at

least

months

in

the

last

months

if

the

property

’s

currently

empty

Read

full

guidance

on

eligibility

You

’ll

need

to

submit

evidence

that

you

meet

all

criteria

property

type

location

effort

to

sell

no

prior

knowledge

compelling

reason

to

sell

Property

type

You

’ll

need

to

show

that

the

property

is

owner

occupied

you

’re

the

personal

representative

or

you

’re

acting

as

a

reluctant

landlord

who

has

had

to

rent

out

the

property

as

a

result

of

Location

You

’ll

need

to

show

that

your

property

is

close

enough

to

the

route

that

it

’s

likely

to

be

substantially

affected

by

’s

construction

or

operation

There

is

no

fixed

distance

Effort

to

sell

You

’ve

tried

to

sell

the

property

without

success

for

at

least

months

No

prior

knowledge

You

must

either

have

bought

or

signed

a

lease

before

the

publication

of

the

route

section

closest

to

your

property

show

why

you

could

not

have

known

about

the

initial

proposed

route

for

example

if

the

searches

relating

to

the

purchase

were

done

before

the

route

was

announced

but

the

purchase

was

completed

after

Compelling

reason

to

sell

You

must

give

evidence

of

a

compelling

reason

to

sell

your

property

now

or

that

you

would

be

placed

under

an

unreasonable

burden

if

you

were

unable

to

sell

your

property

in

the

next

years

What

you

’ll

get

The

government

will

agree

to

buy

your

property

for

of

the

unblighted

open

market

value

if

your

application

is

successful

The

government

will

not

cover

additional

costs

such

as

legal

fees

or

removal

costs

Apply

Download

the

guidance

and

fill

in

the

application

form

Send

it

to

the

address

on

the

form

along

with

your

supporting

evidence

Track

your

application

online

will

send

you

a

username

and

password

to

track

your

application

after

you

apply

You

can

then

track

your

application

online

You

’ll

choose

a

new

password

after

you

sign

in

for

the

first

time

If

you

have

not

been

sent

a

username

and

password

contact

your

case

officer

for

help

tracking

your

application

If

you

’re

not

happy

with

the

result

You

can

reapply

if

your

application

is

rejected

giving

extra

information

to

explain

why

you

think

the

decision

was

wrong

Complaints

Follow

’s

complaints

procedure

if

you

want

to

complain

about

the

service

you

received

for

example

how

long

it

took

to

reach

a

decision

on

your

application

Cash

Offer

or

Voluntary

Purchase

Scheme

You

may

be

able

to

apply

for

a

Cash

Offer

if

you

do

not

want

to

sell

your

home

and

it

’s

in

a

rural

support

zone

Alternatively

you

can

ask

the

government

to

purchase

your

property

for

its

full

open

market

value

known

as

unblighted

value

under

the

Voluntary

Purchase

Scheme

Cash

Offer

and

the

Voluntary

Purchase

Scheme

only

apply

to

properties

in

rural

support

zones

Check

the

Phase

or

Phase

maps

to

see

if

your

property

is

in

a

rural

support

zone

Who

can

apply

Your

house

or

of

the

total

area

of

your

property

must

be

in

the

rural

support

zone

generally

to

metres

from

the

route

You

must

be

the

owner

occupier

of

a

residential

agricultural

or

commercial

property

Mortgage

lenders

for

example

banks

and

building

societies

can

also

apply

for

the

Voluntary

Purchase

Scheme

Your

commercial

property

will

not

qualify

for

Cash

Offer

or

the

Voluntary

Purchase

Scheme

if

it

has

a

rateable

value

of

or

more

inside

Greater

London

An

owner

occupier

must

be

the

freeholder

or

a

leaseholder

with

at

least

years

left

on

the

lease

be

living

in

or

running

a

business

from

the

property

or

have

done

so

for

at

least

months

in

the

last

months

if

the

property

is

currently

empty

have

bought

or

entered

into

a

lease

of

the

property

before

the

initial

preferred

routes

of

Phases

or

were

announced

or

show

why

they

could

not

have

known

about

it

for

example

if

the

searches

relating

to

the

purchase

were

undertaken

before

this

date

but

the

purchase

itself

was

completed

afterwards

Read

the

full

guidance

on

eligibility

What

you

’ll

get

Cash

offer

The

cash

offer

is

a

lump

sum

payment

of

of

the

unblighted

open

market

value

of

your

property

from

a

minimum

of

to

a

maximum

of

The

government

will

cover

your

legal

fees

up

to

plus

VAT

if

your

application

is

successful

Voluntary

purchase

If

you

qualify

the

government

will

pay

of

the

unblighted

open

market

value

as

assessed

by

independent

valuers

The

government

will

not

cover

additional

costs

for

example

legal

fees

or

removal

costs

Apply

Download

the

guidance

and

fill

in

the

application

form

Send

it

to

the

address

on

the

form

along

with

your

supporting

evidence

Track

your

application

online

will

send

you

a

username

and

password

to

track

your

application

after

you

apply

You

can

then

track

your

application

online

You

’ll

choose

a

new

password

after

you

sign

in

for

the

first

time

If

you

have

not

been

sent

a

username

and

password

contact

your

case

officer

for

help

tracking

your

application

Complaints

Follow

’s

complaints

procedure

if

you

want

to

complain

about

the

service

you

received

for

example

about

how

long

it

took

to

reach

a

decision

on

your

application

or

the

result

Homeowner

Payment

Scheme

Phase

and

Phase

You

may

be

eligible

for

a

payment

if

you

live

in

the

homeowner

payment

zone

Check

the

Phase

maps

or

Phase

maps

to

find

out

Phase

homes

will

become

eligible

once

this

phase

is

authorised

by

Parliament

Who

can

apply

Your

house

or

of

the

total

area

of

your

property

must

be

in

the

homeowner

payment

zone

You

must

be

the

owner

occupier

of

a

residential

agricultural

or

commercial

property

An

owner

occupier

must

be

the

freeholder

or

a

leaseholder

with

at

least

years

left

on

the

lease

be

living

in

or

running

a

business

from

the

property

or

have

done

so

for

at

least

months

in

the

last

months

if

the

property

’s

currently

empty

have

bought

the

property

before

April

for

Phase

and

before

November

for

Phase

when

the

proposals

for

the

homeowner

payment

were

announced

Your

commercial

property

will

not

qualify

for

homeowner

payments

if

it

has

a

rateable

value

of

or

more

inside

Greater

London

What

you

’ll

get

You

can

claim

to

depending

on

which

homeowner

payment

band

you

’re

in

Distance

from

line

of

the

route

Amount

Between

m

and

m

Between

m

and

m

Between

m

and

m

You

’ll

be

eligible

for

the

band

in

which

your

residential

dwelling

sits

if

your

land

is

covered

by

more

than

one

homeowner

payment

band

You

may

be

eligible

for

the

band

if

your

dwelling

is

outside

the

bands

but

your

land

is

within

them

You

’ll

be

eligible

for

the

higher

payment

if

the

dwelling

itself

is

in

more

than

one

band

Most

people

who

receive

money

under

the

homeowner

payment

scheme

would

not

have

to

pay

tax

on

it

You

can

accept

payment

and

still

be

eligible

for

the

Need

to

Sell

Scheme

the

value

of

the

payment

plus

statutory

interest

will

be

deducted

from

the

purchase

price

Apply

Fill

in

the

form

and

follow

the

instructions

to

apply

Track

your

application

online

will

send

you

a

username

and

password

to

track

your

application

after

you

apply

You

can

then

track

your

application

online

You

’ll

choose

a

new

password

after

you

sign

in

for

the

first

time

If

you

have

not

been

sent

a

username

and

password

contact

your

case

officer

for

help

tracking

your

application

Rent

Back

If

you

’re

selling

your

property

to

the

government

under

one

of

the

schemes

you

can

apply

to

rent

it

back

and

continue

living

in

it

Apply

Ask

your

case

officer

to

explain

the

options

for

renting

the

property

back

from

the

government

after

it

’s

sold

What

happens

next

The

government

will

assess

your

property

to

decide

whether

to

rent

it

out

based

on

both

the

cost

of

any

repairs

needed

to

make

it

suitable

for

renting

whether

the

work

is

a

good

use

of

taxpayers

money

They

will

contact

you

to

let

you

know

if

you

’ll

be

able

to

rent

it

If

you

decide

to

rent

the

property

you

’ll

pay

an

open

market

rent

and

get

a

tenancy

agreement

for

an

initial

term

of

months

The

guidance

has

more

information

about

Rent

Back

Track

your

application

online

will

send

you

a

username

and

password

to

track

your

application

after

you

apply

You

can

then

track

your

application

online

You

’ll

choose

a

new

password

after

you

sign

in

for

the

first

time

If

you

have

not

been

sent

a

username

and

password

contact

your

case

officer

for

help

tracking

your

application


Overview

You

only

own

a

leasehold

property

for

a

fixed

period

of

time

You

’ll

have

a

legal

agreement

with

the

landlord

sometimes

known

as

the

freeholder

called

a

lease

This

tells

you

how

many

years

you

’ll

own

the

property

Ownership

of

the

property

returns

to

the

landlord

when

the

lease

comes

to

an

end

Most

flats

are

leasehold

Houses

can

be

leasehold

too

and

usually

are

if

they

’re

bought

through

a

shared

ownership

scheme

The

rules

about

leasehold

property

are

different

in

Northern

Ireland

Leaseholder

rights

and

responsibilities

Your

responsibilities

Your

lease

will

tell

you

what

conditions

you

’ve

agreed

to

for

example

if

you

need

permission

to

make

alterations

how

much

you

’ll

have

to

pay

to

maintain

the

property

whether

you

or

your

landlord

has

responsibility

for

repairs

and

dealing

with

noisy

neighbours

You

might

be

taken

to

court

and

be

ordered

to

pay

for

any

damage

If

you

do

not

follow

the

conditions

of

the

lease

The

court

may

also

take

away

your

lease

Your

rights

You

have

the

right

to

get

information

about

service

charges

or

insurance

know

the

landlord

’s

freeholder

’s

name

and

address

be

consulted

about

certain

maintenance

and

running

costs

challenge

certain

charges

under

some

circumstances

Service

charges

and

other

expenses

Service

charges

Your

lease

sets

out

the

way

the

service

charge

is

organised

and

what

can

be

charged

If

you

pay

a

service

charge

you

have

the

right

to

ask

for

a

summary

showing

how

the

charge

is

worked

out

and

what

it

’s

spent

on

see

any

paperwork

supporting

the

summary

such

as

receipts

Your

landlord

must

give

you

this

information

it

’s

a

criminal

offence

if

they

do

not

Ground

rent

You

do

not

have

to

pay

ground

rent

unless

your

landlord

has

sent

you

a

formal

written

demand

for

it

They

can

take

legal

action

if

you

do

not

pay

after

you

’ve

received

the

demand

Your

landlord

can

recover

unpaid

ground

rent

going

back

years

they

can

ask

you

for

the

full

amount

in

one

go

Your

landlord

can

only

increase

the

ground

rent

if

you

agree

to

the

increase

or

the

lease

says

this

can

happen

Building

insurance

Your

landlord

will

usually

be

responsible

for

insurance

of

the

building

not

the

contents

this

will

be

part

of

your

service

charge

You

have

a

right

to

ask

for

a

summary

of

the

insurance

policy

challenge

the

cost

through

a

tribunal

if

you

think

it

’s

unreasonable

Reserve

or

sinking

funds

You

might

have

to

pay

into

a

fund

to

help

cover

any

unexpected

maintenance

or

repairs

like

replacing

the

roof

There

are

rules

about

how

landlords

must

manage

these

funds

You

will

not

usually

be

able

to

get

back

any

money

you

pay

into

them

for

example

if

you

move

house

Consulting

over

charges

You

have

the

right

to

be

consulted

about

charges

for

running

or

maintaining

the

building

if

you

have

to

pay

more

than

for

planned

work

per

year

for

work

and

services

lasting

more

than

months

There

are

steps

your

landlord

must

follow

when

they

consult

you

known

as

a

Section

consultation

There

’s

a

limit

on

how

much

you

have

to

pay

if

you

have

not

been

consulted

properly

contact

Leasehold

Advisory

Service

for

advice

Disputing

a

charge

You

may

be

able

to

apply

to

a

tribunal

if

you

pay

a

charge

and

you

think

it

’s

unreasonable

think

the

standard

of

work

it

relates

to

is

unsatisfactory

do

not

think

you

should

be

paying

it

at

all

Contact

Leasehold

Advisory

Service

for

advice

You

can

not

apply

to

the

tribunal

if

you

’ve

agreed

to

pay

the

charge

the

dispute

is

already

being

dealt

with

for

example

by

the

court

you

pay

a

fixed

charge

Try

mediation

you

may

also

be

able

to

change

the

management

of

your

building

instead

Your

landlord

can

take

you

to

court

if

you

stop

paying

a

charge

you

’re

responsible

for

More

information

The

Leasehold

Advisory

Service

has

more

information

on

service

charges

and

other

issues

Extending

changing

or

ending

a

lease

Extending

the

lease

You

can

ask

the

landlord

to

extend

your

lease

at

any

time

You

might

be

able

to

extend

your

lease

by

years

on

a

flat

if

you

qualify

years

on

a

house

if

you

qualify

The

Leasehold

Advisory

Service

’s

LAS

lease

extension

calculator

gives

you

a

guide

to

the

costs

of

extending

the

lease

of

a

flat

Changing

the

lease

You

can

negotiate

certain

changes

to

the

lease

sometimes

known

as

varying

the

lease

Speak

to

your

landlord

first

If

you

can

not

agree

you

may

be

able

to

apply

to

a

tribunal

contact

Leasehold

Advisory

Service

for

advice

Ending

the

lease

It

’s

very

rare

that

a

landlord

can

end

the

lease

and

evict

you

There

are

some

circumstances

and

leases

that

let

them

do

this

sometimes

known

as

forfeiture

proceedings

They

need

to

send

you

a

formal

written

notice

and

get

the

court

’s

permission

You

can

usually

end

a

lease

by

giving

at

least

month

’s

notice

The

LAS

has

information

about

ending

a

lease

When

the

lease

runs

out

You

do

not

have

to

leave

the

property

when

the

lease

expires

In

law

a

lease

is

a

tenancy

and

the

leaseholder

is

a

tenant

The

tenancy

will

continue

on

exactly

the

same

terms

unless

you

or

the

landlord

decide

to

end

it

Buying

the

freehold

You

can

ask

the

landlord

to

sell

you

the

freehold

at

any

time

There

are

different

legal

steps

and

rules

depending

on

whether

your

home

is

a

flat

you

’ll

need

to

buy

a

share

of

the

freehold

house

you

may

have

the

right

to

buy

the

freehold

Right

of

first

refusal

Landlords

who

want

to

sell

the

freehold

of

a

building

containing

flats

usually

have

to

offer

the

leaseholders

the

first

chance

to

buy

it

This

is

known

as

your

right

of

first

refusal

There

are

different

rules

and

steps

to

buying

the

freehold

of

your

home

in

Northern

Ireland

Right

to

Manage

and

management

disputes

You

may

be

able

to

change

the

management

of

your

building

if

you

’re

unhappy

with

the

way

it

’s

being

run

and

you

live

in

a

leasehold

flat

You

can

either

ask

a

tribunal

to

appoint

a

new

manager

take

over

the

management

responsibilities

known

as

your

Right

to

Manage

Appoint

a

new

manager

You

must

prove

bad

management

if

you

want

to

appoint

a

new

manager

for

example

you

have

to

pay

unreasonable

service

charges

the

landlord

has

not

complied

with

an

approved

code

of

management

practice

Apply

to

a

tribunal

in

England

or

the

Leasehold

Valuation

Tribunals

in

Wales

You

can

only

apply

to

the

tribunal

if

you

’ve

sent

the

landlord

a

Section

notice

this

gives

them

a

chance

to

fix

the

problems

Contact

Leasehold

Advisory

Service

for

advice

Right

to

Manage

The

Right

to

Manage

lets

you

and

the

other

leaseholders

take

over

certain

management

responsibilities

from

the

landlord

without

having

to

prove

bad

management

You

’ll

need

to

find

out

if

you

qualify

contact

Leasehold

Advisory

Service

for

advice

You

and

the

other

leaseholders

can

manage

the

building

yourselves

or

pay

a

managing

agent

to

do

it

Leasehold

disputes

There

is

a

different

dispute

process

in

Wales

You

can

use

a

mediation

service

to

help

you

and

your

landlord

come

to

an

agreement

if

you

are

in

dispute

about

your

lease

You

might

have

to

pay

a

fee

You

can

also

get

free

advice

from

the

Leasehold

Advisory

Service

LAS

on

issues

like

service

charges

extending

your

lease

buying

the

freehold

Apply

to

a

tribunal

You

can

apply

to

a

tribunal

if

you

’re

in

a

dispute

with

your

landlord

for

example

service

or

administration

charges

the

cost

of

building

insurance

appointment

of

a

manager

Right

to

Manage

breach

of

a

lease

varying

a

lease

recognising

a

tenants

association

buying

the

freehold

extending

the

lease

Apply

to

the

Leasehold

Valuation

Tribunals

if

you

’re

in

Wales