• The advancement of rural countryside industries, pursuits, sports and leisure activities
• The prevention of social exclusion and assistance with the reintegration of those who have suffered social exclusion
• Supporting children with learning difficulties through education
• The promotion of community participation in healthy recreation

Fisher German was recently named the East Midlands Planning Consultancy of the Year by the East Midlands Royal Town Planning Institute (RTPI) at its 2015 Regional Awards.

Fisher German’s submission was reviewed by an independent judging panel who were looking for evidence that entries had added value to proposals and been effective through planning.

Fisher German were commended for their work in promoting the profession through the RTPI, work with universities and graduate training. The team were also recognised for their effectiveness in high success rates in delivery, proactive advice to clients on the latest changes in the planning process and actively promoting and engaging with public consultation.

Fisher German’s Head of Planning & Construction, Richard Benson, said: “The Planning Department has been restructured over the last 12 months to form specialist Utilities, Development and General Practice Teams and we are delighted that Fisher German has won this prestigious award from the RTPI.”

He added: “It is testament to the hard work, expertise and professional commitment of the team and our belief that planning has a hugely positive contribution to make towards a more sustainable future for communities and our environment.”

The team is also celebrating another success of the evening with Jenny Salt being recognised as part of the East Midlands Young Planners Network along with other Committee Members winning the Chairman’s Award for Planning Excellence.

For further information about our planning services, click here

The Challenge of Rural Leadership is now in its 21st year, managed by The Rural Business School at Duchy College, part of The Cornwall College Group and supported by the Worshipful Company of Farmers. David Merton, having first passed through a rigorous interview based selection process, has recently successfully completed the 2016 course.

The Challenge of Rural Leadership is aimed at providing high potential managers with the capabilities to grow and thrive in continuously changing conditions, it is a higher-managerial and strategic leadership course designed to help participants increase their influence on the rural community, both nationally and internationally, to gain a greater insight into the political, financial and environmental challenges affecting the future of rural industries.

Held at Dartington Hall near Totnes, the course was attended by international delegates, each with different interests within the rural sector from a supermarket board member, representatives from statutory organisations to farmers. Over a thirteen day period delegates were offered an intensive programme of management and leadership skills as well benefitting from the experience of notable speakers from significant organisations and government agencies.

Rural issues 

The issues addressed by the course focused on the future for Rural Industries. The domination of the food supply by multi-national companies, changing consumer attitudes, increased demands for countryside access and changes to government and political representation, nationally, EU wide and internationally, are just some of the obstacles which face the industry. It is important to understand and be aware of the strategic issues likely to affect rural industry in the years ahead enabling those working within the industry to manage change efficiently and communicate to all those within and outside the agricultural community effectively.

Background 

The Challenge of Rural Leadership is endorsed by the Worshipful Company of Farmers, whose origin’s stem from the Chairman’s Committee of the British Red Cross, which was set up during the Second World War to raise funds for the war effort. It was later founded as a Livery Company to perpetuate the Fund’s good intentions. The Livery Company’s close affinity with farming ensures it is closely aligned to the key issues facing the industry today.

For further information regarding the course click here or contact the Course Director, Richard Soffe on 0845 458 7485 or email leadership@duchy.ac.uk

Click here for information about our rural consultancy services.

We often come across properties where tenants are in occupation without any form of written agreement in place. In this article we will be highlighting some of the issues that can arise from not having a written lease agreement.

Repairs

With no written agreement there is no clear indication of who is responsible for repairing the property. Whilst some of the time Landlord and Tenant can reach an agreement as to whom is responsible for the costs of repairs, we are often asked to advise on this issue, especially when relations between Landlord and Tenant have soured.
It is common for Landlord and Tenant to disagree on this matter as each seeks to protect their position, but had there been a written lease agreement in place this would clearly state where the obligation to repair lies. Whether this be a Full Repairing and Insuring (FRI) or Internal Repairing and Insuring only (IRI) obligation, one party would be disappointed but would most likely have been aware of their responsibilities with regards to repair prior to this situation ever arising.

Security of Tenure 

We often speak to property owners looking to redevelop a site where there is no written lease agreement in place. With no written agreement in place, if the tenant has been in occupation for a period longer than six months, they will benefit from a periodic tenancy and have Security of Tenure meaning vacant possession can only be obtained on limited grounds detailed in the Landlord and Tenant Act 1954.

The result of subsequently obtaining vacant possession can at worst be impossible and will always be costly. Even if the Landlord can satisfy the ground upon within vacant possession can be obtained, in certain circumstances compensation must be paid to the Tenant.

Use of Area

It is common for us to find a tenant is using an area that is outside what the Landlord originally demised to them. The absence of a written lease agreement, which would make reference to a plan contained within the lease detailing the demised area can present the problem that there is no defined area.

This issue can damage the Landlord - Tenant relationship as it may be difficult for the Landlord to reclaim the additional areas of land with no proof of the original demised area to fall back on as an argument. If they cannot claim the land back and they wish to rentalise the additional area they may find the rent increases to a level that makes the property unviable for the Tenant. The alternative to this is that the Landlord chooses not to rentalise the additional area which will weaken the strength of the original deal that was agreed as they are in fact leasing more space but receiving no benefit in terms of rent.

Rights

A written lease will dictate the rights granted to a tenant over the Landlords property. For example; rights to park vehicles, rights of access etc. will all be explicitly detailed. Both the Landlord and Tenant are potentially at risk if there is no written lease agreement in place as there will be no detailed agreement of these rights that the Tenant may or may not utilise. The Landlord or Tenant could lose control over the right they thought they benefited from which could have a negative impact on their position.

Use

In a written lease agreement, the User clause will detail under which Use Classes the Tenant can operate within the property. These are usually restrictive and protect the Landlord from the Tenant operating outside their agreement use, for example; a tenant in a retail unit (A1 Use Class) would not be able to suddenly operate from the property as a Restaurant (A3 Use Class) without first applying to the local Council's Planning department for a change of use and seeking the Landlord's permission to do so. Another example could be a Tenant using an industrial unit for light industrial uses (B1 Use Class) would be unable to change their operation to a more 'general' industrial use (B2 Use Class) without obtaining permission from the local Council and the Landlord. Even if the local Council approve the change of use, the Landlord still has the right to prohibit the unit being utilised for any use outside that which is stated within the User clause of the lease.

Without a written lease agreement, the Landlord has limited control over enforcing the use class within which they want the Tenant to operate. This could lead to problems which include invalidation of the property insurance and disturbance to neighbouring tenants.

Conclusion

The above is only a brief overview of some of the common issues that can arise from not having a written lease agreement in place. It is by no means an exhaustive list and the potential pitfalls that can be created from not agreeing to a written lease agreement, not to mention the extra hassle it can cause for the Landlord and Tenant, mean that it's always advisable to have one in place.

For further information on this or any other Commercial Property matters, or if you're a Landlord or Tenant that does not have a written lease agreement in place, please contact Simon Patrick email here or Rob Haigh email here.

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