Statutory Parental Bereavement Pay and Leave: employer guide

Overview

An employee may be eligible for Parental Bereavement Leave and Statutory Parental Bereavement Pay if they or their partner either:

has a child who has died under 18 years old

had a stillbirth after 24 weeks of pregnancy

The death or stillbirth must have happened on or after 6 April 2020.

This guide is also available in Welsh (Cymraeg).

Statutory Parental Bereavement Leave (Parental Bereavement Leave)

An employee can take 2 weeks’ leave from the first day of their employment for each child who has died or was stillborn.

They (An employee) can choose to take:

2 weeks together

2 separate weeks of leave (Parental Bereavement Leave)

only one week of leave (Parental Bereavement Leave)

The leave (Parental Bereavement Leave):

can start on or after the date of the death or stillbirth

must finish within 56 weeks of the date of the death or stillbirth

Taking leave with other types of statutory leave

If the employee (An employee) was on another type of statutory leave when the death or stillbirth happened, Parental Bereavement Leave must start after that other leave has ended. This includes if the statutory leave (Parental Bereavement Leave) is for another child.

If an employee’s Parental Bereavement Leave is interrupted by the start of another type of statutory leave, they can take their remaining entitlement to Parental Bereavement Leave after that other leave has ended.

The remaining Parental Bereavement Leave (Parental Bereavement Leave) must still be taken within 56 weeks of the date of death or stillbirth (the date of the death or stillbirth).

Parental Bereavement Leave can be taken between blocks of shared parental leave which had already been booked when the child died, even if the shared parental leave is for another child.

Statutory Parental Bereavement Pay

Statutory Parental Bereavement Pay for an eligible employee is either £151.97 a week or 90% of their average weekly earnings (whichever is lower). Tax and National Insurance need to be deducted.

Calculate an employee’s Statutory Parental Bereavement Pay using Basic PAYE tools or guidance on manual calculation.

Some employment types, like agency workers, directors and educational workers, have different rules for entitlement.

Extra leave or pay

Your company can offer more leave and pay but you can only recover 2 weeks’ payment for each employee and for each death.

You should make sure your Parental Bereavement Leave and Statutory Parental Bereavement Pay policies are clear and easily accessible to staff.

Employment rights

An employee’s rights (like the right to pay rises, holidays and returning to a job) are protected during Parental Bereavement Leave.

You still have to pay Statutory Parental Bereavement Pay even if you stop trading.

Eligibility

To qualify for Parental Bereavement Leave and Statutory Parental Bereavement Pay, an employee must meet the criteria both as a parent (including if they had day to day responsibility) and an employee. They might not be eligible for both.

If the employee was the child’s parent or the parent’s partner

An employee will be eligible if, at the time of the child’s death or stillbirth, they were:

the child’s or baby’s parent - either biological, adoptive or parent of a child born to a surrogate

the partner of the child’s or baby’s parent

Biological parents are not eligible once an adoption or parental order has been made unless there was a contact order in place after the adoption.

If the employee was not the child’s parent but had day to day responsibility for the child (the child’s)

An employee may be eligible if they or their partner had:

the child or baby (the child’s) living with them (they or their partner) at their (they or their partner) home for 4 continuous weeks, ending with the date of the death

day to day responsibility for the child or baby’s (the child’s) care during that time

If the employee (An employee) or their (An employee) partner (they or their partner) was paid to look after the child (the child’s), they (they or their partner)’re not entitled to leave or pay unless they (they or their partner) were:

a foster parent paid a fee or allowance by a local authority

reimbursed for expenses to do with the care of the child or baby (the child’s)

getting payments under the terms of a will or trust for the child or baby’s (the child’s) care

An employee is not eligible if one of the child or baby’s (the child’s) parents or someone who had parental responsibility (parental responsibilities in Scotland) for the child (the child’s) was also living in the household.

If the employee was an adoptive parent

If they (the employee) or their (the employee) partner was an adoptive parent, an employee is eligible:

after the adoption order was granted

before the adoption order was granted, if the child was placed with them (they or their partner) for adoption and the placement was not disrupted (for example, being temporarily placed elsewhere) or stopped

If the employee (they or their partner) was an adoptive parent of a child from outside the United Kingdom

If the employee (they or their partner) or their (they or their partner) partner (they or their partner) was adopting a child from outside the United Kingdom and the court order had not yet been made, they (they or their partner) may still be eligible. Both of the following must apply:

the child was living with them (they or their partner) after entering Great Britain

they (they or their partner) have the ‘official notification’ confirming they (they or their partner) were allowed to adopt

If the employee had a baby with the help of a surrogate parent

If they (the employee) or their (the employee) partner were a parent of a child born to a surrogate, an employee is eligible:

after a parental order was made

before a parental order was made if they (an employee) had applied or intended to apply for a parental order within 6 months of the child’s (the child) birth and expected it (the child) to be granted

Parental Bereavement Leave

To get Parental Bereavement Leave, the employee (an employee) must also:

be classed as an employee - it does not matter how long they (an employee)’ve worked for you

give you the correct notice for Parental Bereavement Leave

Statutory Parental Bereavement Pay

To get Statutory Parental Bereavement Pay, the employee (an employee) must have been continuously employed by you for at least 26 weeks up to the end of the ‘relevant week’. The ‘relevant week’ is the week (ending with a Saturday) immediately before the week of the death or stillbirth.

They (an employee) must also:

remain employed by you up to the day the child dies or is stillborn

earn on average £120 a week (gross)

give you the correct notice for Statutory Parental Bereavement Pay

If your employee usually earns an average of £120 or more a week, and they only earned less in some weeks because they were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, they may still be eligible.

Use the guidance on manual calculation to check entitlement and to work out the relevant week (the ‘relevant week’).

There are special rules for some employee situations, for example if they leave or become sick.

Notice period

An employee must give notice for Parental Bereavement Leave as well as evidence for Statutory Parental Bereavement Pay.

Parental Bereavement Leave

An employee has 56 weeks to take Parental Bereavement Leave. This starts from the date of the child’s (the child) death.

The 56 weeks (56 weeks) is split into 2 periods:

from the date of the death or stillbirth (the date of the child’s (the child) death) to 8 weeks after

9 to 56 weeks after the date of the death or stillbirth (the date of the child’s (the child) death)

They can take 2 weeks’ leave in one block or as 2 separate blocks of one week.

You must get notice from the employee before they take Parental Bereavement Leave. How much notice depends on when they’re taking leave.

0 to 8 weeks after the child’s (the child) death or stillbirth

An employee must give you notice before the time they would normally start work on the first day of the period they want to take off work.

9 to 56 weeks after the child’s (the child) death or stillbirth

An employee must give you at least one week’s notice before the start of the week or weeks they (An employee) want to take off work.

How employees should give you notice

They (employees) should tell you:

the date of the child’s (the child) death or stillbirth

when they (employees) want their (employees) Parental Bereavement Leave (Parental Bereavement Leave) to begin

how much leave they (employees) are taking - either 1 or 2 weeks

An employee can give you notice informally, for example by phone, text message or email.

You cannot ask for:

notice for leave in writing (such as following up with an email, letter or form)

notice to cancel leave in writing

evidence of entitlement for leave

details about the employee’s (An employee) relationship to the child or baby

Cancelling Parental Bereavement Leave

An employee can cancel their Parental Bereavement Leave (Parental Bereavement Leave) if they’ve given you more than the required notice for taking leave.

If they (An employee) were starting the leave (Parental Bereavement Leave) within 8 weeks of the death or stillbirth (the child’s (the child) death or stillbirth), they (An employee) must let you know about the cancellation (cancel) no later than the time they (An employee) would normally start work on the first day of planned leave.

If they (An employee) were starting the leave (Parental Bereavement Leave) 9 weeks or later after the death or stillbirth (the child’s (the child) death or stillbirth), they (An employee) must let you know no later than one week before the start of the planned leave.

They (An employee) can rebook another week’s leave if they (An employee) cancel before the leave (Parental Bereavement Leave) was due to start and they (An employee) give you the correct notice.

Statutory Parental Bereavement Pay

An employee must ask for Statutory Parental Bereavement Pay within 28 days, starting with the first day of the week they want to claim pay for.

They (An employee) must give you in writing (for example, a letter or email) each time:

the dates of the period the want to claim Statutory Parental Bereavement Pay

their (An employee) name

the date of the child’s death or stillbirth

The employee (An employee) will also need to give you a self declaration to confirm they (An employee) are eligible because of their (An employee) relationship to the child or baby - they (An employee) only need to provide this once when they (An employee) first ask for pay.

Cancelling Statutory Parental Bereavement Pay

An employee can cancel their Statutory Parental Bereavement Pay if they’ve given you more than the required notice for claiming pay.

If their (An employee) pay (Statutory Parental Bereavement Pay) was due to start within 8 weeks of the child’s death or stillbirth, they (An employee) must give you notice on the first day of the week of pay they (An employee) want to cancel.

If their (An employee) pay (Statutory Parental Bereavement Pay) was due to start 9 weeks or later after the child’s death or stillbirth, they (An employee) must tell you they (An employee) want to cancel one week before their (An employee) pay (Statutory Parental Bereavement Pay) was due to start.

Non-payment form

You can refuse Statutory Parental Bereavement Pay if the employee does not qualify.

To do this (refuse), send them (the employee) a completed non-payment form (SPBP1) or your own equivalent form within 28 days of their (the employee) pay request with evidence. You should keep a record of the week which was refused and the reason why.

If an employee is unhappy with your decision, they can contact the HMRC Statutory Payments Disputes Team. They must do this within 6 months of the start date of the Statutory Parental Bereavement Pay period they claimed.

Record keeping

You must keep records for HM Revenue and Customs (HMRC) (HMRC), including:

the start date for any period Statutory Parental Bereavement Pay was paid

the payments you’ve made (including dates)

a copy of the evidence of entitlement  from the employee for Statutory Parental Bereavement Pay including their written declaration, name and date of the child’s death or stillbirth

details of any weeks the employee claimed Statutory Parental Bereavement Pay but you did not pay and the reason why

You must keep records for 3 years from the end of the tax year they relate to.

You can use HMRC’s (HMRC) record keeping form (SPBP2) or your own.

Get help with statutory pay

For financial help with statutory pay, you can:

reclaim payments

apply for an advance if you cannot afford payments

Apply for an advance if you cannot afford payments

You can apply online for an advance to pay for an employee’s Statutory Parental Bereavement Pay.

Before you start, you’ll need:

your employer PAYE reference

your payment or account office reference numbers - this is on the letter when you first registered as an employer

the amount of tax or National Insurance owed to HM Revenue and Customs (HMRC) (HMRC)

bank or building society details for you or the third party it’s being paid to

a completed R38 form if the advance is being paid to a third party

You’ll also need information about the employee including their:

National Insurance number

average weekly earnings

parental bereavement leave and pay arrangements - you can get this information from their (the employee) self declaration

Your advance can be paid either by BACS or payable order.

Contact HMRC if you’ve got questions about advance payments.

Apply online

Apply online for an advance if you have a Government Gateway user ID and password.

If you do not have a Government Gateway user ID and password, you can apply online for an advance using a valid email address.

After you’ve applied

If the advance is being paid to a third party and you’re sending a completed R38 form by post, send it to HMRC within 4 weeks of applying for an advance.

Once your application has been approved, the money will be paid to the bank or building society account you provided or you’ll be sent a cheque (payable order), depending on which payment option you chose.

If there are any issues with your application, HMRC will contact you directly.

Paying back your advance payment

You’ll need to pay back your advance payment through Employer Payment Summary (EPS).


Training and study at work: your rights

Who can and can't ask for time off to train

Staff may have the right to ask for time off work for training or study.

To ask for training or study:

staff must be classed as an employee

they (staff) must have worked for their (staff) employer for at least 26 weeks

training must help staff do their job better

at least 250 people must work in the organisation

Time off is usually unpaid unless the employer (their (staff) employer) agrees to pay it.

Check someone’s employment status.

Who can’t ask for time off to train

Staff can’t ask for time off for training or study if they (someone’s)’re:

an agency worker

in the armed forces

of compulsory school age (‘school age’ in Scotland)

a young person who’s already got the right to take paid time off for study or training

aged 16 to 18 and already expected to take part in education or training

Asking for time off

Employees should follow their organisation’s rules to ask for time off. If there aren’t any they can write to their employer saying it’s a request ‘under Section 63D of the Employment Rights Act 1996’ with the following details:

the date

the subject matter of the study or training

where and when it (the study or training) would take place

who’ll be providing the training (the study or training)

the name of the qualification they (Employees) could get - if any

why they (Employees) think this study or training (the study or training) will help them (Employees) do their (Employees) job better and help their (Employees) employer’s business

if they (Employees)’ve made a request before and when

An employer doesn’t have to consider the request (a request) if all this information isn’t included.

Employees can only make 1 request a year.

If the employee changes their mind

The employee must tell their (the employee) employer if they (the employee):

don’t start the agreed training or study

don’t finish the training (the agreed training or study) or study

do a different course or plan to do a different course from the one agreed

Employer's decision and responsibilities

The employer (their employer) has 28 days to:

accept the request (a request)

hold a meeting with the employee to discuss it (a request)

This (a meeting with the employee to discuss it (a request)) might be longer if the person who deals with these requests is off when the request (a request) is sent in.

The employee can take a trade union representative or colleague to the meeting (a meeting with the employee to discuss it (a request)). They (the employee) can ask for the meeting (a meeting with the employee to discuss it (a request)) to be postponed if this person can’t make it.

If the employer (their employer) decides to hold a meeting about it (a request) they (their employer) must make a decision within 14 days of it, unless the employee agrees in writing to extend this time.

Turning down the request

The employer (their employer) can only turn down a request if:

the training wouldn’t benefit their (their employer) business

they (their employer) would run up extra costs for the business (their (their employer) business)

they (their employer) wouldn’t be able to meet customer demands

they (their employer) can’t re-organise the work among other members of staff

they (their employer) can’t recruit extra staff

it would damage quality and business performance

there wouldn’t be enough work for the employee to do at the times they (the employee) intend to work

it conflicts with planned structural changes

Paying for the training

The employer (their employer) doesn’t have to pay for the training or study. They (their employer) can choose to pay all or part of the fees if they (their employer) think it will benefit the business (their (their employer) business).

Appealing the decision

Employees have the right to appeal if their employer refuses a request to take time off for training or study.

This (appeal) must be made within 14 days of their (Employees) employer’s (their employer) decision (the decision).

The appeal (appeal) must:

be in writing

be dated

set out why they (Employees)’re appealing - the grounds for the appeal (appeal)

The appeal meeting

The employer (their employer) has to arrange a meeting with the employee to discuss the appeal (appeal) within 14 days of getting the appeal (appeal).

The employer (their employer) must give their (their employer) decision (the decision) in writing within 14 days of the meeting (a meeting with the employee to discuss the appeal (appeal)).

If the problem isn’t resolved

If an employee isn’t satisfied with the result of an appeal they can phone Acas (Advisory, Conciliation and Arbitration Service) for help and advice or raise a grievance.

If this doesn’t work the employee (an employee) could go to an employment tribunal if the employer (their employer):

didn’t follow the procedure properly

refused the request based on the wrong facts

Employment tribunal claims must be made within 3 months of an appeal decision.


Employers: recognise a trade union

Overview

As an employer you may need to work with trade unions that represent groups of your employees, sometimes known as bargaining units.

Trade unions will negotiate with you on working conditions, for example pay and holiday. You need to recognise the trade union before they can negotiate with you.

How a trade union gets recognition

The union (a trade union) must ask you to recognise them (a trade union) voluntarily - if you agree to the request then the union (a trade union) is recognised.

If you do not want to recognise the union (a trade union) and have more than 21 employees, they (a trade union) can apply for statutory recognition from the Central Arbitration Committee (CAC).

When the union (a trade union) requests recognition

The union (a trade union) must ask you - the employer - in writing if you’ll agree to recognise them (a trade union) voluntarily.

The written request (ask) must:

give the name of the union (a trade union)

identify which employees will be represented by the union (a trade union) when it (a trade union)’s recognised, sometimes known as the bargaining unit

state that the union (a trade union) is making the request (requests) under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

Respond to the request (requests)

You have 10 working days to respond to the request (requests).

You can:

agree to recognise the union (a trade union) voluntarily - and begin collective bargaining

reject the request (requests) - the union (a trade union) may then apply for statutory recognition

refuse the initial request (requests) but agree to negotiate

Negotiate with the union (a trade union)

You have 20 working days, or longer if you agree this with the union (a trade union), to come to an agreement about:

which employees are in the bargaining unit

whether the union (a trade union) should be recognised for collective bargaining

You have 10 days to suggest that the Advisory, Conciliation and Arbitration Service (Acas) are brought in to assist with the negotiations.

What happens next

If you cannot agree, or you’ve agreed the bargaining unit but not recognised the union (a trade union), the union (a trade union) can apply to the Central Arbitration Committee (CAC) for statutory recognition.

When the union (a trade union) applies for statutory recognition

The union (a trade union) can apply to the Central Arbitration Committee (CAC) for ‘statutory recognition’ if you do not agree to recognise them (a trade union) voluntarily.

CAC (the Central Arbitration Committee (CAC)) will accept the trade union’s (a trade union) application for recognition if it meets the requirements, unless you challenge the application.

Providing information to the CAC (the Central Arbitration Committee (CAC))

You may be asked for information by the CAC (the Central Arbitration Committee (CAC)) case manager who is handling the union’s (a trade union) application (the trade union’s (a trade union) application for recognition), for example, how many employees are in the bargaining unit. CAC (the Central Arbitration Committee (CAC)) will still consider the application (the trade union’s (a trade union) application for recognition) if you do not provide the information.

Challenge an application

You can challenge the application (an application) if you think it (an application) does not meet the requirements.

Application requirements

The union (a trade union) can apply if:

they (a trade union)’ve sent you a copy of their (a trade union) application (the trade union’s (a trade union) application for recognition) and any supporting documents

they (a trade union) have at least 10% union membership within the proposed bargaining unit (the bargaining unit)

they (a trade union) have evidence that a majority of employees are in favour of recognition - for example, a petition

They (a trade union) cannot apply if:

they (a trade union)’ve applied for recognition in the last 3 years

they (a trade union) are not a certified independent union

there’s already a recognition agreement that allows another union to represent employees in the bargaining unit

another union - representing 10% of the employees in the proposed bargaining unit (the bargaining unit) - has already applied to CAC (the Central Arbitration Committee (CAC))

How to complain

CAC (the Central Arbitration Committee (CAC)) will send you a form so you can challenge the application (the trade union’s (a trade union) application for recognition) if you think that the union (a trade union) has not met one or more of the requirements.

You have 5 working days to send it (a form) to CAC (the Central Arbitration Committee (CAC)) - the address is on the form (a form).

You’ll hear from CAC (the Central Arbitration Committee (CAC)) within 10 working days. They (the Central Arbitration Committee (CAC)) may:

ask for more information so they (the Central Arbitration Committee (CAC)) can make a decision

reject the application (the trade union’s (a trade union) application for recognition) if the union (a trade union) has not met the requirements

accept the union’s (a trade union) application (the trade union’s (a trade union) application for recognition)

When the CAC (the Central Arbitration Committee (CAC)) accepts a union’s application

You’ll need to start discussions about which employees the union (a trade union) will represent, sometimes known as the bargaining unit.

Establishing the bargaining unit

The ‘bargaining unit’ (the bargaining unit) is the group of employees that will be represented by the union (a trade union).

You can agree who is in this unit (the bargaining unit) with the union (a trade union) as part of your negotiations. If you do not, the Central Arbitration Committee (CAC) will decide.

Providing information to the union (a trade union) and the CAC (the Central Arbitration Committee (CAC))

If CAC (the Central Arbitration Committee (CAC)) accepts the union’s (a trade union) application for statutory recognition (the trade union’s (a trade union) application for recognition) and you have not agreed on the bargaining unit with them (the Central Arbitration Committee (CAC)), you must send CAC (the Central Arbitration Committee (CAC)) and the union (a trade union):

a list of the categories of employees who will be in the proposed bargaining unit (the bargaining unit), for example, technical and skilled but not managers

a list of the places where they work

the number of employees in each category at each workplace

You have 5 working days to send this from the date the application (the trade union’s (a trade union) application for recognition) is accepted.

How the CAC (the Central Arbitration Committee (CAC)) decides on the bargaining unit

CAC (the Central Arbitration Committee (CAC)) will hold a hearing and decide the bargaining unit based on:

your views and those of the union (a trade union)

compatibility with effective management of your company

existing national and bargaining arrangements

Work with a ‘suitable independent person’ (SIP)

When the bargaining unit has been agreed the union (a trade union) may ask CAC (the Central Arbitration Committee (CAC)) to appoint a SIP to communicate with employees in the bargaining unit. If this happens, you must give the SIP the names and addresses of:

employees in the proposed bargaining unit (the bargaining unit)

any employees who join or leave the bargaining unit

If you do not provide this information, you’ll get a ‘remedial order’ from CAC (the Central Arbitration Committee (CAC)). You must do what the order says or CAC (the Central Arbitration Committee (CAC)) could declare that you must recognise the union (a trade union).

When the bargaining unit has been agreed or decided

CAC (the Central Arbitration Committee (CAC)) will decide if there needs to be a ballot of employees.

Ballot on union recognition

Your employees will be balloted about whether they want the union (a trade union) to be recognised if the majority of employees in the bargaining unit are not members of the union (a trade union).

The Central Arbitration Committee (CAC) may hold a ballot even if the majority of your employees (the majority of employees in the bargaining unit) are union members but they (the Central Arbitration Committee (CAC)) believe any of the following:

it’ll help maintain good relations between you and your employees

there’s evidence that a significant number of union members in the bargaining unit do not want the union (a trade union) to represent them

there are concerns about why some members joined the union (a trade union), for example, they were pressured

CAC (the Central Arbitration Committee (CAC)) will ask for your views and the union’s on these issues.

Before the ballot

You’ll get a letter telling you whether there’ll be a ballot. A ballot can be held at the workplace, by post or both. CAC (the Central Arbitration Committee (CAC)) will ask for your views and the union’s before they (the Central Arbitration Committee (CAC)) decide what kind of ballot to hold.

The union (a trade union) has 10 days to withdraw its (a trade union) application. If it (a trade union) does not, CAC (the Central Arbitration Committee (CAC)) will appoint a qualified independent person (QIP) to run the ballot.

The ballot will usually be held within 20 working days of the QIP being appointed.

Your responsibilities

The cost of the ballot is split equally between you and the union (a trade union).

You must:

make sure the union (a trade union) can talk to employees in the bargaining unit - for example, allow them (a trade union) to hold meetings without you

give CAC (the Central Arbitration Committee (CAC)) a list of names and addresses of employees in the bargaining unit - and update it when people join or leave

not ask employees to miss meetings, unless it’s absolutely necessary

not threaten or take any action against a worker because they attended a meeting

The union (a trade union) can complain to CAC (the Central Arbitration Committee (CAC)) if they (a trade union) think you have not co-operated.

After the ballot

You’ll usually find out the result of the vote (the ballot) 48 hours after the ballot closes.

CAC (the Central Arbitration Committee (CAC)) will declare the union (a trade union) is recognised if both:

the majority of employees in the ballot vote to recognise the union (a trade union)

at least 40% of the employees in the bargaining unit vote to recognise the union (a trade union)

If CAC (the Central Arbitration Committee (CAC)) declares the union (a trade union) is recognised

You must work with the union (a trade union) and work out how to collectively bargain on:

pay

hours

holiday entitlement

If CAC (the Central Arbitration Committee (CAC)) does not declare the union (a trade union) is recognised

The union (a trade union) will not be able to apply for statutory recognition for 3 years, but you can still recognise them (a worker) voluntarily.

Complaints about and from the union (a trade union)

You can complain to the Central Arbitration Committee (CAC) if the union (a trade union) tries to influence the outcome of a ballot using ‘unfair practices’, for example, by trying to pressurise employees.

The Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition has more information.

Make your complaint in writing to CAC (the Central Arbitration Committee (CAC)). You can complain at any time until the day after the ballot closes.

What happens next

CAC (the Central Arbitration Committee (CAC)) may:

restart the ballot process

give the union (a trade union) a final warning, sometimes called a ‘remedial order’

If the union (a trade union) does not do what the order tells it (a trade union) to do, CAC (the Central Arbitration Committee (CAC)) can cancel the ballot and declare the union (a trade union) is not recognised

If the union (a trade union) complains

The union (a trade union) can complain if you:

do not co-operate with preparations for the ballot (a ballot)

use unfair practices to change the outcome of the ballot (a ballot)

CAC (the Central Arbitration Committee (CAC)) may give you a final warning if the union’s (a trade union) complaint is successful, sometimes called a ‘remedial order’.

CAC (the Central Arbitration Committee (CAC)) can also:

restart the ballot process

cancel the ballot (the ballot process) and declare the union (a trade union) is recognised

Ending negotiations

You and the union (a trade union) will not need to continue negotiations if the union (a trade union) withdraws its (a trade union) application. They must do this before the Central Arbitration Committee (CAC) either :

declares them (a trade union) recognised or not recognised

tells you that they (the Central Arbitration Committee (CAC))’re holding a ballot of your employees

You’re recognising the union (a trade union) voluntarily

If the union (a trade union) is withdrawing its (a trade union) application because you’ve agreed to recognise them (a trade union), you and the union can tell CAC (the Central Arbitration Committee (CAC)) by sending a ‘joint notice to cease consideration’. This means CAC (the Central Arbitration Committee (CAC)) will no longer be involved.

Send CAC (the Central Arbitration Committee (CAC)) a letter signed by both you and the representative of the union (a trade union).

You must do this (Send) before CAC (the Central Arbitration Committee (CAC)) declares the union (a trade union) is recognised or up to the last day of the ballot notification period (10 working days from when CAC (the Central Arbitration Committee (CAC)) told you about the ballot (a ballot of your employees)).


Check river conditions and closures

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 1 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 - 032112

Great Ouse (Bedford to St Ives) – 033211

Great Ouse (St Ives to Earith) – 033212

Ancholme - 031212

You can also sign up to the strong stream advice messaging system for the Rivers Nene, Great Ouse (Great Ouse (Bedford to St Ives)) and Ancholme (it’s free).

Check tide predictions

You can read tide predictions for the next 7 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 (the 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, 9am to 5pm).

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 (the 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


Appeal a right of way decision

When you can appeal

Your local council makes decisions about right of way applications.

You can appeal their (Your local council) decision if you applied to change the area’s ‘definitive map and statement’ and either:

you disagree with the decision (their (Your local council) decision) - this is known as a ‘schedule 14 appeal’

your local council did not make a decision within 12 months - this is known as a ‘direction request’

You cannot appeal if:

the council (Your local council) approves a different use for the land, for example they (Your local council) 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 (your original application) can appeal. If you did not apply, you can comment on an appeal instead.

Deadline for appealing

You must appeal within 28 days of the date on the decision letter, or 12 months after you submitted the application (your original 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 26 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 (COVID-19), you cannot currently send your appeal form (the appeal form) in the post. Email it (the appeal form) 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 2 copies of:

your original application

the reason for your appeal

the council’s (Your local council) decision (their (Your local council) 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 (Your local council) about your appeal

If the local council (Your local council) has not made a decision

You must submit 2 copies of:

your original application

confirmation that you notified the landowners of your original application

Email your form (the appeal form) and these documents to rightsofway2@planninginspectorate.gov.uk.

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 (your original application) (‘interested parties’) that there’s an appeal. The council has to do this within 14 days of the appeal (your appeal) being validated by the Planning Inspectorate.

After you appeal

The Planning Inspectorate will check your appeal to make sure it (your appeal)’s valid. They (the Planning Inspectorate)’ll tell you what happens next and how long your appeal may take.

You’ll normally get a decision within 30 weeks (or 21 weeks for a direction request).

If you’re successful

For appeals, the Planning Inspectorate will tell the council (Your local council) to make the order. There’s no time limit for your local council to do this (tell).

For direction requests, the Planning Inspectorate will give the local council (Your 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.


Freshwater rod fishing rules

Overview

You must follow national and local rules (byelaws) when freshwater fishing with a rod and line in England and Wales.

These rules (national and local rules (byelaws)) 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 13 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 can’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 can’t fish for some types of fish on certain types of water.

For example, you can’t fish for coarse fish on any river in England and Wales from 15 March to 15 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 (the local byelaws for your area) to check your area.

Rivers, streams, drains or waterways (other than canals)

You can’t fish for coarse fish and eels on rivers from the 15 March (15 March) to 15 June (you can fish for eel in some areas - read the local byelaws (the local byelaws for your area)).

You need to read the local byelaws (the local byelaws for your area) 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 (the fish you catch) must also be of a certain size.

You must return fish you can’t keep to the water unharmed.

You’re committing an offence and can be fined if you take too many fish or fish that aren’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:

1 pike (up to 65cm)

2 grayling (30cm to 38cm)

15 small fish (up to 20cm) 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 isn’t more than 3 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 don’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 (another fish you’ve taken) mouth or throat) - these (another fish you’ve taken) 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 16 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 .06 grams or less or more than 28.35 grams. This means lead shot weights from size 14 to size 8 and lead weights over 1 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 25mm

be more than 2 metres long

have supporting rings or frames less than 40cm apart and more than 120cm in circumference

A keepsack must be:

made from a soft, dark coloured, non-abrasive and water permeable fabric

at least 120cm by 90cm if rectangular

at least 150cm by 30cm by 40cm if used with a frame

used to hold no more than one fish at a time

Landing nets

You can’t use a landing net with any meshes that are knotted or made of metallic material.


Septic tanks and treatment plants: permits and general binding rules

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 (the system) 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 (The 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 2 cubic metres (2,000 litres) per day

in a groundwater source protection zone (SPZ1)

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 1 (SPZ1 (a groundwater source protection zone (SPZ1)))

An SPZ1 (a groundwater source protection zone (SPZ1)) 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 1) or ask the Environment Agency

any area within 50 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 5 cubic metres (5,000 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.

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 1 January 2015, 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 (SPZ1).

Outside an SPZ1

There are different forms if you discharge:

between 2 and 15 cubic metres per day

over 15 cubic metres per day

Inside an SPZ1

If you discharge less than 2 cubic metres per day there are different forms:

for systems in use before 1 January 2015

for those installed on or after 1 January 2015

between 2 and 15 cubic metres per day

over 15 cubic metres per day

If you discharge sewage to a surface water

If you discharge between 5 and 20 cubic metres per day, check if you can apply for a standard rules permit.

If you cannot get a standard rules permit, you’ll need a permit to discharge:

up to 20 cubic metres

over 20 cubic metres

Before you start

You need:

the 8-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 5,000 litres (5 cubic metres) per day is £125.

The fees are different for other organisations.

Size of discharge per day | Fee

Up to 15,000 litres (15 cubic metres) | £2,708

Over 15,000 litres (15 cubic metres) | £5,699

Any volume that contains specific substances | £6,052

You’re discharging to a surface water

Size of discharge per day | Fee

Up to 5,000 litres (5 cubic metres) | £2,534

Between 5,000 litres (5 cubic metres) and 50,000 litres (50 cubic metres) | £4,170

Any volume that contains specific substances | £7,649

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 5,000 litres | £251

Between 5,000 litres and 20,000 litres with operator self monitoring | £823

Between 5,000 litres and 20,000 litres | £890

Between 20,000 litres and 50,000 litres with operator self monitoring | £1,310

How long it takes

You should get a decision on your application within 13 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 (a cesspool) and make sure it (a cesspool):

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 (a cesspool) if it (a cesspool)’s in poor condition.

If you install a new cesspool

You must:

get planning permission and building regulations approval

make sure it (a new cesspool) has a minimum capacity of 18,000 litres per 2 users (plus another 6,800 litres per each extra user)

Contact


Evicting tenants (England and Wales)

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 2 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 21 notice if you want the property (your property) back after a fixed term ends. Give them a Section 8 notice if they’ve broken the terms of the tenancy. Find out how to give Section 21 and Section 8 notices.

Apply to the court for a standard possession order if your tenants do not leave by the date specified on the notice (a Section 21 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 (COVID-19), 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 (your tenants) ‘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 (your tenants) rooms, even if they (your tenants) still have belongings in there.

Assured and regulated tenancies

If your tenants started their tenancy before 27 February 1997, 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 (rent) paid straight to you instead of evicting them (your tenants). 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 21 and Section 8 notices

You can evict tenants who have an assured shorthold tenancy using a Section 21 or Section 8 notice, or both.

Use a Section 8 notice if your tenants have broken the terms of the tenancy (an assured shorthold tenancy).

Section 21 notice of seeking possession

You can use a Section 21 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 cannot use a Section 21 notice in England

You cannot use a Section 21 notice if any of the following apply:

it’s less than 4 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 (evict)

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 2007 and you have not put the tenants’ deposit in a deposit protection scheme

the tenancy started after October 2015 and you have not used form 6a or a letter with all the same information on it

the council has served an improvement notice on the property in the last 6 months

the council has served a notice in the last 6 months that says it (the council) 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 2019

You also cannot use a Section 21 notice if you have not given the tenants copies of:

the property’s (the property) 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 tenants) the gas safety certificate (the property’s (the property) Energy Performance Certificate) and the ‘How to rent’ guide (the government’s ‘How to rent’ guide) before they (the tenants) moved in.

You must have given your tenants (the tenants) a copy of the property’s (the property) Energy Performance Certificate before they (the tenants) rented the property.

When you cannot use a Section 21 notice in Wales

the tenancy started after November 2016 and you do not have a landlord licence

Giving tenants a Section 21 notice

In England, use form 6a if the tenancy was started or renewed after 30 September 2015. You can also write your own Section 21 notice.

In Wales, you must explain in writing that you are serving an eviction notice under Section 21 of the Housing Act 1998.

How much notice you need to give

Usually, a Section 21 notice must give your tenants at least 2 months’ notice to leave your property. Because of coronavirus (COVID-19) you must now give them a longer notice period.

If you gave your tenant notice between 26 March 2020 and 28 August 2020, the notice period must have been at least 3 months.

If you gave your tenant notice between 29 August 2020 and 31 May 2021, the notice period must have been at least 6 months.

If you gave your tenant notice on or after 1 June 2021, the notice period must be at least 4 months.

In Wales, the notice period must be at least 6 months if you gave your tenant notice on or after 24 July 2020.

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 2 months. For example, if your tenant pays rent every 3 months, you must give 3 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 (N215)

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 N215 or notice to apply for an accelerated possession order.

Section 8 notice of seeking possession

To give your tenants notice using a Section 8, 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 (your tenants)’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 8 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 26 March 2020, you would have needed to give them (your tenants) up to 2 months to leave, depending on the reason for eviction.

Because of COVID-19, in most cases you must now give them (your tenants) a longer notice period.

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 24 July 2020, the notice period must be at least 6 months. If you want to evict your tenants because of antisocial behaviour, the notice period is still 3 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 (use) is usually the next step if you cannot agree a rent repayment plan with your tenant.

The service (the possession claim online service) lets you fill in court forms online and see how the claim is progressing. It (the possession claim online service) costs £355.

If you made a possession claim before 3 August 2020

You’ll usually need to complete an N244 form to tell the court you want to continue with your claim (a possession claim).

You do not need to submit an N244 form if:

you submitted a reactivation notice to the court before 4pm on 30 April 2021

a judge has issued a possession order that says your tenants must leave the property (your property)

How to submit an N244 form

You’ll need to either:

post 3 copies of the form (an N244 form) with your payment to the court

email the form (an N244 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 £255 if you want the court to give your tenants notice of your application or £100 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 £155.

You may be eligible for help with court fees.

When you cannot use the online service (the possession claim online service)

You will not be able to use the online service (the possession claim 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 £355 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 (Accelerated possession orders) if your tenants have not left by the date specified in your Section 21 notice and you’re not claiming rent arrears.

This (Accelerated possession orders) is sometimes quicker than applying for a standard possession order and there’s usually no court hearing. It (Accelerated possession orders) costs £355.

Fixed-term tenants cannot 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 (rent arrears)

If you made a possession claim before 3 August 2020

You’ll usually need to complete an N244 form to tell the court you want to continue with your claim.

You do not need to submit an N244 form if:

you submitted a reactivation notice to the court before 4pm on 30 April 2021

a judge has issued a possession order that says your tenants must leave the property (your property)

How to submit an N244 form

You’ll need to either:

post 3 copies of the form (an N244 form) with your payment to the court

If the judge for your case decides that you need to give notice and you have not, you’ll need to pay the extra £155.

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 application).

Your tenants have 14 days to challenge the application (your application), from the date they (your tenants) receive it (your application).

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 (your tenants) up to 6 weeks.

Possession hearings and orders

The judge could decide to make an order, or that a hearing is needed.

Hearings

At the hearing they (The judge) might:

dismiss the court case - no order will be made and the hearing will end

adjourn the hearing - it (the hearing) will be moved to a later date (this happens if a judge believes a decision cannot be made on the day)

make an ‘order’ - a judge’s (The judge) legal decision on what should happen

The judge will dismiss the case (the court 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 (the court case). You must restart the court process from the beginning if you still want to evict them (your tenants).

Coronavirus (COVID-19) and possession hearings

Tell the court as soon as possible if you cannot attend a hearing because you have COVID-19 symptoms or you have been told to self-isolate.

The judge will decide whether to delay your case (the court 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 (the date given in the order) will be either 14 or 28 days after the court hearing.

You can ask the court to evict them (your tenants) with a ‘warrant for possession’ if your tenants do not leave your property by the date given (the date given in the order). 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 (Suspended order for possession) means your tenants can stay in your property as long as they make the payments, or obey the conditions, set out in the order (Suspended order for possession). You can ask the court to evict them if they do not make the payments.

Because of COVID-19, 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 (Money order) 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’ (your tenants) wages or bank accounts

sending bailiffs to take away things they (your tenants) 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 (your tenants) rent arrears

court fees

your legal costs

The money judgment (a money judgment) will apply if they (your tenants) do not pay the amount set out in the suspended possession order that’s linked to the judgment (a money judgment). If they (your tenants) do not pay, you can ask the court to carry out the instructions in the order (Suspended order for possession) and the judgment (a money judgment).

The money judgment (a 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 (the court) will send your tenants an eviction notice with the date they (your tenants) must leave your property by. A bailiff can evict your tenants if they (your tenants) do not leave by this date.

You can apply for a warrant of possession up to 6 years after a possession order is made.

Changes to evictions in Wales because of coronavirus (COVID-19)

Currently, bailiffs will not evict your tenants if your property (the 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 N325

the Possession Claim Online service - as long as you used it (a warrant for possession) to issue the original order for possession

It (a warrant for possession) costs £121.

When a warrant is issued

You’ll be sent a warrant number by the court.

You’ll also be sent an EX96 ‘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 (a warrant) to the High Court

You can get a ‘writ of possession’ if you transfer the warrant (a warrant) from the county court (the court) to the High Court. This means a High Court (the 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 (the court) if you do not already have it. It costs £66.

Delaying eviction

Your tenants can ask a judge to ‘suspend’ the warrant for possession (a warrant) 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 (your tenants’) to leave.

Harassment can include:

stopping services, like electricity

withholding keys, for example if there are 2 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


Right to Manage: a guide for landlords

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 (the building) will send you notice if they plan to do this (take). If they’re successful, you’ll still own the building but they’ll manage it (the building).

This (manage) means they (the leaseholders in your building (the building))’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 (The Right to Manage (RTM)) for any reason - they don’t have to prove the building has been badly managed.

Right to Manage companies

To use the right (The Right to Manage (RTM)), 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 (an RTM company) and to vote on decisions. You get at least 1 vote. How many votes you’ll get depends on how many flats you own in the building.

The RTM company (an RTM company) must pay for any costs you incur during the management transfer process - even if it (an RTM company) doesn’t end up managing the building.

Qualifying

To qualify for Right to Manage (The Right to Manage (RTM)):

the building must be made up of flats (houses don’t qualify)

at least two-thirds of the flats in the building (flats) must be leasehold - with leases that were for more than 21 years when they were granted

at least 75% of the building must be residential - for example, if there’s a shop in the building, it can’t take up more than 25% of the total floor area

you must live somewhere else if there are less than 4 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 (an RTM 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 (an RTM company) intends to take over management of the building. It (an RTM company) will tell you:

the date you must respond by

the date the RTM company (an RTM company) intends to take over management of the building

You can:

accept the claim

dispute the claim - the notice of claim (an RTM company) will tell you when you need to do this by, but the deadline can’t be less than 1 month from the date of the notice (an RTM company)

Disputing the claim

You can dispute the claim by serving a counter-notice to the Right to Manage (RTM) company (an RTM company). In it (an RTM company), you must give reasons why you think the company (an RTM company) isn’t entitled to manage the building.

You can dispute the claim if you think:

the building doesn’t qualify

the RTM company (an RTM company) doesn’t comply with the legal requirements

the RTM company members don’t represent half the flats in the building

You can’t dispute the claim for any other reason.

Leasehold Valuation Tribunal

If the members of the RTM company (the RTM company members) (an RTM company) think you’re wrong, the company (an RTM company) must apply to the Leasehold Valuation Tribunal (LVT) (Leasehold Valuation Tribunal) within 2 months of the date of the counter-notice (the date) (an RTM company). The LVT (Leasehold Valuation Tribunal) will then decide if the RTM company (an RTM company) can manage the building.

Transferring management of the building

If you accept the Right to Manage (RTM) company’s (an RTM company) notice (an RTM company), or if you dispute the claim and the Leasehold Valuation Tribunal (LVT) (Leasehold Valuation Tribunal) decides against you, the management of the building will transfer to the RTM company (an RTM company).

The date the RTM company (an RTM company) takes over management responsibilities is called the ‘date of acquisition’. This will be:

on the date given on the notice of claim (the date) (an RTM company) - if you accept the claim

3 months after the LVT (Leasehold Valuation Tribunal) decision becomes final - if you disputed the claim and lost

3 months after agreement - if you originally disputed the claim but later came to an agreement with the RTM company (an RTM company)

You must transfer any money you have from service charges on the acquisition date (The date the RTM company (an RTM company) takes over management responsibilities) - or as soon after as is reasonably possible.

Ongoing management

The RTM company (an RTM company) must tell you at least 30 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 (an RTM company) must give you 30 days’ notice before approving:

any changes to the structure of the building

any changes to the use of the building

For other approvals they (an RTM company) must tell you at least 14 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.


Council housing

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 18 or over (some councils let you apply if you’re 16 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 (a waiting 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 (a 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 (a property): 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 (a waiting list) (or bid for other properties), but you may be put lower down the list (a waiting list).

You may be taken off the list (a waiting list) temporarily if you keep rejecting offers.

You can appeal if you’re not happy with your council’s (the 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 12 months and are like a ‘trial’ period.

You automatically become a secure or flexible tenant after 12 months, unless your council has either:

started action to evict you

extended your introductory tenancy (an introductory tenancy) for a further 6 months

There are limits to what you can do with an introductory tenancy, for example you cannot:

make major improvements to the property (your 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 (your 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 cannot 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 (the council’s) permission

transfer your tenancy to someone else in some circumstances

make improvements to your home - you’ll need permission from your council (the council’s) 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 5 years, though in some cases it may be between 2 and 5 years.

At the end of the fixed period (a fixed period) the council may decide to:

offer you another fixed-term tenancy

offer you a secure tenancy

not renew your tenancy

They (the council) must explain their (the council) reasons if they (the council) decide not to renew your tenancy and give you a chance to challenge the decision.

As a flexible tenant you can:

swap your home with another council or housing association tenant - with your council’s (the council) permission

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 (your property) for at least 12 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 1 April 2012 can be transferred or passed on only once. For example, if you take over a tenancy when someone dies, you cannot pass on the tenancy to someone else when you die.

Some secure and flexible tenancies granted from 1 April 2012 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 4 weeks’ notice in writing

the council evicts you

the council needs to move you, for example to redevelop the property (your property) - it (the council) 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 (the council) 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 property), your council (the council) may:

give the remaining tenant(s) (the other joint tenant(s)) a new tenancy at the same property (your property)

not give them (the other joint tenant(s)) a new tenancy, for example because the property (your property) could be offered to another couple or family

If one joint tenant dies, the tenancy continues for the surviving tenant(s) (the other joint tenant(s)).

If you and your partner divorce or your relationship breaks down and you cannot 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 (the 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 (the council) will have a published policy setting out the timescales in which it (the council) 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 (the 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 (the council) to pay for the cost of moving and the inconvenience it causes.

If council works damage your property (your council 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 (your council property). These (the repairs) 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 (the council) if you’re not sure.

Complaints

Follow these steps if you have a problem with your council housing:

Complain to your council (the council) - they (the council) 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 cannot resolve the problem (a problem with your council housing) with your council (the council).

Contact the Housing Ombudsman if you and your council (the council) still cannot resolve the problem (a problem with your council housing).

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 (housing 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 (a tenant’s) lives at the property (a property) - for example asking to see the tenant’s (a 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 (your council home)’s your only or main home

it (your council home)’s self-contained

you’re a secure tenant

you’ve had a public sector landlord for 5 years - for example a council, housing association or NHS trust


Appeal a decision about a tree preservation order

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 8 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 28 days of the date on the council’s (Your council) decision notice

before the date the tree replacement notice (a tree replacement notice you’ve been given) comes into effect

There’s no deadline if you’re appealing because your application was not decided within 8 weeks.

When you can expect a decision

Once your appeal is validated, you’ll normally get a decision within 27 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 (Your council) decision (the decision) or notice

Email these documents (any other documents that directly support your appeal) with your completed appeal form to the council who made the decision (Your council) and the Planning Inspectorate.

Because of coronavirus (COVID-19), you cannot currently appeal by post.

After you appeal

The Planning Inspectorate will check your appeal to make sure it (your appeal)’s valid. They (the Planning Inspectorate)’ll tell you what happens next and how long your appeal may take.

Their (the Planning Inspectorate) decision about your appeal will be based on:

the information you send

a site visit

your council’s (Your council) 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 27 weeks.

Interested parties

The council (Your 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 cannot make any further comments during the appeal (your 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 (the appeal 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 (challenge).


Appeal a listed building consent decision

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 (a decision)

the decision (a decision) was not made within 8 weeks (13 weeks for a major development, for example 10 or more dwellings or a building of more than 1,000 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 6 months of either:

the date of the decision

when the decision (a decision) was due, if you did not get one within 8 weeks (13 weeks for a major development)

When you can expect a decision

You’ll get a decision once your appeal is validated.

How to appeal

Because of coronavirus (COVID-19), you cannot 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 (Documents you must provide) 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 5 weeks after the start date of the appeal.

Your local planning authority must tell anyone who has commented on the application (your application) (‘interested parties’) that there’s an appeal. They (Your local planning authority) have to do this within 5 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 (an appeal) to make sure it (an appeal)’s valid. They (the Planning Inspectorate)’ll tell you what happens next and how long your appeal (an appeal) may take.

The Planning Inspectorate will then consider your appeal (an 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 (the appeal 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.


Organising a street party

Telling your local council

Street parties on quiet streets that don’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 (your local council) about your event (a street party) 4 to 12 weeks before it (a street party) happens.

Tell your council (your local council):

the date and time of the party or event (a street party)

whether or not you want to close a road or section of road, and its name

if the road (a road or section of 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 don’t have to tell the council (your local 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 isn’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 £21. You can get one from your local council.

Food can be served and sold up to 11pm without a licence. If you want to serve or sell it after 11pm, contact your council (your local council).

You don’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 (your local council) for more information.

Music

You don’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 haven’t advertised the music to make money or attract people.

Raffles and tombolas

Gambling regulations don’t apply if tombola (tombolas) or raffle tickets are sold on the day and the prizes aren’t worth more than £500 in total.

If tickets are sold in advance or your prizes are worth more than £500 contact your local council as you might have to register your raffle as a lottery.