Welcome to the summer edition of our Thame office newsletter.  We hope you enjoy our latest publication with topical articles that hope will of interest and of use to you.

In other news we are proud to announce our Stephen's monumental cycle challenge in aid of charity.  To read more please see below.

We are currently dusting down our picnic table in preparation for two big dates in the Fisher German Thame diary, the Thame Sheep Fair on 6th and 7th August and the The Bucks County Show on 27th August.  If you are planning to visit please do drop in to see us for refreshments and a chat.

Let us introduce you to the team at Thame

We are pleased to confirm that in recent months we have had 3 significant successes in removing Agricultural Occupancy Conditions (AOCs) on behalf of clients.  A testimonial from one of our happy clients reads as follows,

"Owning a farm with an Agricultural Occupancy Condition thereon I consulted our Solicitors to seek a removal of this restrictive condition.

Our solicitors in Oxford referred me to Stephen Rutledge at Fisher German, High Street, Thame as they considered Stephen had more experience in this area than their own expertise.

Having attended our first meeting with Stephen Rutledge I felt confident the matter was in good hands.  Stephen fully explained the process and possible risks of such an application.  We then progressed to prepare under his direction a considerable amount of evidence to support our application for a Certificate of Lawful Existing Use of the farm.  Both my wife and I, in our working lives, had been engaged in preparing or considering evidence for court purposes and we fully recognised the detailed preparation of the application.

We were kept totally informed of the progress and eventual submission of our application amounting to 71 pages of evidence.  Every element of a possible query by Aylesbury Vale District Council was covered.

The final successful outcome answered our objective and a Certificate of Lawful Existing Use was issued by the Local Authority.

I fully recommend Stephen Rutledge to anyone seeking to address a similar condition on their property.  Stephen provides a totally professional and friendly approach to the subject.

I truly appreciate his assistance in this matter."

An AOC is a condition attached to a planning permission which usually restricts the occupancy of the dwelling to those employed in agriculture or forestry. The condition is applied when a property in the countryside would otherwise have been refused permission but where an agricultural need has provided an overriding reason for provision of same.

Removal of an AOC, which thereby means that a dwelling can be occupied by anybody, tends to uplift market value considerably. It also makes property management more flexible and, critically, the dwelling is more marketable in a sale situation.

We have managed to remove AOCs for our clients through thorough research, good strategy and by putting together a comprehensive planning application and supporting evidence.

If you think that we might be able to help you, or for further advice, please contact Stephen Rutledge on 01844 267947 or email here

During the last session of Parliament held under the coalition government we saw a number of long awaited changes enacted in relation to the Agricultural Holdings Act 1986 (AHA 1986).

With effect from 27th May 2015, third party expert determination, as an alternative to arbitration, is now possible for many differences and disputes between Landlord & Tenant. So stalemated rent review discussions, for example, could now be agreed between the parties with the help of a jointly appointed expert, which might cost much less and be quicker than arbitration. This change brings tenancies under the AHA1986 much more into line with Farm Business Tenancies where parties can already agree to adopt alternative dispute resolution procedures.

Two other key changes have been made which will take effect from 1st October 2015. Firstly, changes introduced to end of tenancy compensation should mean that parties now have more flexibility and autonomy to agree a method of compensation calculation which best suits the circumstances of the farm holding. Current market values for the application of soil improvers, digestate, manure and fertiliser may for example be agreed as at the tenancy end date, which could encourage outgoing tenants to maintain productive farmland in the final years of their tenancy agreement.

Also taking effect from 1 October 2015 are changes to the default liabilities for the maintenance, repair, replacement and insurance of fixed equipment on holdings let under the AHA 1986: The Agriculture (Model Clauses for Fixed Equipment) (England) Regulation 2015 is replacing the outdated 1973 Regulations widely known as the ‘Model Clauses’.

These ‘New Model Clauses’ add new liabilities for commonly used fixed equipment and also clarify existing liabilities and their division between landlord and tenant. Landlords will now, for example, have increased liability for electrical supply systems on the holding, whilst tenants have new responsibilities for equipment generating heat or power and maintenance obligations on slurry, silage and effluent systems. A significant update is the removal of the limit on the costs that a tenant can recover in relation to replacements that are the landlord’s liability (currently &2,000 per annum).

The new model clauses will apply where:

• there is no written tenancy agreement;
• the tenancy is silent as to the repair, replacement and insurance of fixed equipment;
• the tenancy refers to the Model Clauses 1973 as amended*; or
• the tenancy has specific provisions for some but not all of these matters (it will apply where no express provision for a given   item is otherwise given).
*Please note that if the agreement refers specifically to SI 1743/1973 then the New Model Clauses may not apply.

Whilst the new provisions will not take effect until 1 October 2015, rent reviews under the AHA 1986 are set for the next three years so it may be worth considering the effect that the new regulations will have over the next two or so years in any rent negotiations.

To discuss how the changes could affect you, or for any other Landlord & Tenant advice, please contact Josie Palmer on 01844 267943 or email here

What is equestrian property?

• Either has equestrian facilities or the potential
• Located in a village, town or rural area
• A house
• Has sufficient land to keep a horse (over 1.4 acres)

A few examples of what we have to offer here at Thame:

Upper Farm House:

A large detached 1950’s Farm house with impressive equestrian facilities for the competitive and leisure rider alike. The 20x40 outdoor school has mirrors, a sand and rubber surface which adds stability and maintains drainage, it is also less likely to freeze. The 6 stables are located in a large steal portal frame barn, they are a combination purpose built breeze block American style loose boxes and Monarch ‘Imperial’ half boarded and half upper grilled, and there is also room to park an LGV size horse lorry in the barn or a larger HGV size lorry on hard standing outside. The site is compact with the 3.5 acres (approx.) of fields within easy access of the yard making this the ideal set up for a small equestrian business.

Click here for more information about Upper Farm House.

Winding Brook Farm:

Comprises of a 3 bedroom bungalow, 48 acres (approx.) of land in good condition and laid to permanent pasture enclosed by a combination of mature hedgerows and post and rail fencing, 18 loose boxes including two foaling boxes, a large purpose built barn (78’9” x 64’0”) houses four of the loose boxes together with an enclosed turn out area, providing an ideal space for lunging or backing youngstock. The barn could easily be converted into an indoor school, the rest of the land is largely flat allowing for easy construction of an outdoor arena giving the potential for an extremely extensive equestrian setup. The property has been occupied for many years by the same family during which time the principal function of the property has been the breeding and rearing of Thoroughbred horses.

Click here for more information about Winding Brook Farm

What does David Doel think?

David Doel is an established event rider, he has represented Great Britain for two years running on Junior Teams, winning team gold and individual bronze in 2011, and for a further two years running in Europe as a Young Rider, culminating in team Silver at Jardy, Paris, in September 2013, and team Bronze at Vale Sabroso, Portugal, in 2014.

What David looks for in equestrian property:

Acreage: It is useful to allow for some extra paddock space over the standard 1.4acres. This allows for rotation of your horse’s grazing and maintains quality of pasture.
Stabling: Aside from quantity of boxes, think about the size of each stable in relation to the size of your horses. Make sure there’s enough space to store tack, rugs, bedding, feed, machinery, etc. It’s also very advantageous to have your fields close to the yard not only for ease but also safety of escapees!
Utilities: Electricity and water supplies are essential for stable blocks. Make sure pipes are well insulated, otherwise you’ll have a headache in the winter! A hot wash is also a real luxury
Security: Make sure the tack room door and windows meet your insurer’s specifications, we currently use a shipping crate which works extremely well. You may also want to install CCTV and automatic lights.
Location: Easy access to main roads is a must with a horse box. It’s always worth doing some good research into which equestrian vets are nearby.

What is our involvement in equestrianism?

Virginia O'Sullivan says,

"Having grown up working on a yard producing horses to sell whilst at school, and a further two years’ experience post university working as a head girl on professional event yards, as well as continuing to compete alongside work, I know what is required by both the professional running a yard as a business and an ammeter competing from home.

We at the Thame office have recently been involved with supporting the local South Oxfordshire Hunt Pony Club. We realise how important it is to support the sport from a grass roots level. 

We have a specialist equestrian property team providing advice from purchasing the right property to planning advice and valuation appraisals create your dream equestrian set up."

For further information about the properties we currently have on the market here at our Thame office, please click here

Here are a few examples below of how we can help with the commercial properties you either occupy or own as an investment:

Business Rates – Have you looked at the rateable value assessment for your property? Many properties have inaccurate rateable values which affect the business rates payable. For example you have changed the internal configuration of your property or have you changed the use? We may be able to reduce the rateable value which could lead to you paying less in business rates. It is important to remember that business rates can go up as well as down and therefore it is very important to take advice before taking any action.

Rent Reviews – Have you looked at your lease recently? If you have a rent review this year it is always advisable to seek professional advice early to ensure that your rent is based on market evidence so that you are not either over paying or under charging rent. Simon has access to the latest market information to accurately advise on what the level of rent should be.

Lease Renewals – Do you know when your lease expires? It is important to consider your lease renewal early as your tenant may not wish to renew the lease or your existing property may not be suitable for your current business need. We can negotiate suitable renewal terms or can re-let the property if a renewal is not possible.

Property Management – Do you find dealing with tenants time consuming or difficult? If you manage commercial property it is advisable to take professional advice occasionally to ensure you are not falling foul of any regulations. Many people find managing their commercial property can either take their attention away from other activities, such as work or find it difficult to deal with the demands of their tenants. If this is you then Fisher German can act as your managing agent, either on a full time basis or just to deal with specific items such as rent collection.

Insurance Valuations – Do you know how much your property would cost to re-build? It is always advisable to ensure that your property is insured for the correct amount. If undervalued your insurance company may not pay you the full cost of re-building if your property was destroyed by fire. If overvalued you may be paying too much in premiums. Simon and his colleagues have access to the latest rebuilding costs to ensure that your property is valued correctly.

Acquisitions / Disposals - Whether you are looking at buying or selling your first or your hundredth property we can assist you in finding suitable properties as either an investment, development opportunity, or to occupy yourself.

Lettings – Do you have a vacant property? No Landlord likes to be in the position of having a vacant property with no income, but also being responsible for the associated costs of business rates, utilities and insurance. We have a number of applicants looking or properties and may be able to assist you.

If you would like to discuss how we can assist you with your commercial property please call Josie Palmer on 01844 267943 or email josie.palmer@fishergerman.co.uk.

Matthew Trembath, a student from Reading University, recently spent time in our Thame office as a Summer Placement Student. Josie Palmer commented: ‘Matthew has done a sterling job - a very helpful and accomplished young man’. Below is Matthew’s account of his time at Fisher German:

"I started at the Thame Office on the first Monday morning after finishing my 2nd year exams at the University of Reading, and it was great to be able to apply some of the theory which I had been tirelessly revising for the past few weeks, and use it in a more practical sense in the real world. I wasn't really sure what to expect at Fisher German, as previous work experience had been the doing the small jobs such as searching for comparable evidence where you find recent transactions of similar properties, making the tea, and of course, filling!

However, I was shocked by the variation in work that the Thame office has to offer, and the responsibility which they were willing to put on me from day 1. Of course, in my 4 weeks here, I have found many comparables for various valuations, however, I have also had an opportunity to assist in writing reports for a variety of secured lending valuations, as well as for removal of Agricultural Occupancy conditions, to name a few.

The 4 week duration has enabled me to be part of projects and valuations from the point of receiving the instructions, through the research and work that goes into the reports, and finally to the binding and sending out the finished report. I have also had the opportunity to look at a couple of stock taking valuations and learn about Section 31 (6) deposits where landowners can protect themselves from rights of way claims, something which we have not covered yet at University. The variety of the professional work which is done at Thame has allowed me assist in all areas of the industry including Basic Payments Scheme claims, mapping sites, as well as getting out of the office for inspections, residential valuations, and client meetings. The farm agency aspects of the office has allowed me to gain an insight into the farmland market and learn about the different aspects which affect the value of land.

I have also had the chance to visit various tenant farmers to discuss problems and highlight issues which affect them and the land owners, such as shooting rights, end of tenancy arrangements, and renewal of agreements.

The part of the work experience which I have enjoyed most of all is the variety of work which is taken on by the firm. Although it may appear to many that Fisher German specialise in renewable energy and utilities, as well as professional farm services, it is far from the case. From grazing licences, planning issues, commercial valuations, development appraisals, and estate management, Fisher German covers all aspects affecting land and property owners.

In the final week of my time at Fisher German, I attended a CPD day which was a chance to meet many employees from all the Fisher German offices across the country and talk to them about their time at the firm and about the industry. The day also allowed me to gain an insight and learn about some of the more specialised work which Fisher German cover. This included guidance for both companies and land owners with regards to Compulsory Purchase Orders, and the work that the Telecoms team carry out.

The guidance from Stephen Rutledge, and in particular from Josie Palmer and Will Taylor has been second to none, and they have given me a really interesting and very practical insight into the industry, and would like to particularly thank them.
I will definitely be applying for the Fisher German graduate scheme later this year for the chance to work for the firm."

For further information, please contact our Human Resources Manager, Maria Wade on 01530 412821 or email here

Partner in Charge of the Thame Office, Stephen Rutledge, is in training to cycle the length of the UK on the iconic John O’Groats’ to Land’s End bike ride.

The distance of some 1,000 miles is to be covered by Stephen and the more energetic inhabitants of his Oxfordshire Village over 10 days in the early part of September this year. Stephen and his fellow cyclists will be raising money for local charities.

Stephen comments: “Having completed a number of other long distance cycling events in recent years, this is a once in a lifetime opportunity to take my endurance cycling up to the next level, and also mark a milestone birthday this year. It sounded a good idea at the time when I said yes to it!”