This is a legally binding agreement, under the terms of Part III ( Control of Development ), section 106 of The Town and Country Planning Act [1990], between the owner of a property and the planners. When quoted in reference to a dwelling the effect is usually the same as having an 'Ag Tag' but the proviso might state that the dwelling could not be sold off separately from the rest of the property.

In order to provide the necessary infrastructure a utility provider has certain legislative powers to enable them to lay apparatus in/on private land. They must however follow strict procedures and compensate landowners for both the existence of the apparatus and any damage/disturbance arising out of the work. At Fenn Wright we have the necessary skill and experience to guide you through the compulsory purchase process, ensuring your rights are protected and that you are properly remunerated.

Planning Policy has moved relatively quickly over the last few years. More than ever, there is a presumption towards development, rather than against it. For decades Government Policy has promoted the redevelopment of redundant farm buildings but emerging legislation is taking this one step further, allowing certain development under permissive rights, without the need for full planning permission, although Building Regulations and Listed Building Consent may still apply. Our Rural Surveyors can guide you through the planning process and ensure that the correct procedure is followed, and the right permissions obtained. We can also undertake a feasibility study, assessing the cost of a proposed development against returns, to ensure your development is financially feasible before costs are incurred.

The occupation of land by an agricultural tenant is governed by two main Acts and the ability of a landlord to recover vacant possession will depend on which Act governs the tenants occupation. Any tenancy which commenced before 1st September 1995 is likely to be an old style tenancy where the Tenant benefits from security of tenure for life, and possible up to two generations via succession rights. Landlords have limited grounds on which to recover possession and the process of removing a tenant is fraught with technical and procedural challenges. Post 1st September 1995 tenancies offered the tenant only limited security, but again the process of recovering possession is governed by formal procedures which are both time limited and complex. At Fenn Wright we are experienced in advising and managing all forms of agricultural letting, and the implications for both landlords and tenants. We can advise on your rights and the processes appropriate to the circumstances to ensure your position is protected and due procedures followed.

Over recent years we have seen significant increases in soft commodity prices and farm profitability. This has directly influenced rental levels which have shown significant growth over the same period. The two main forms of agricultural tenancy govern the way the rent is calculated, either on earning capacity or a straight open market comparison. The latter depends very much on the quality of land and the appetite/competition in a geographic location, with Farm Business Tenancy (FBT) rents ranging from £135 to over £200 per acre. Whether you are considering a rent review or a new letting we have the necessary market knowledge and technical skills to advise on the relevant process. Our advice is tailored to the unique circumstances of each holding to ensure the maximum return from your investment.

Fenn Wright hold the equivalent of 5 weeks rent as a stakeholder and register this with TDS (The Dispute Service), resulting in a faster and more efficient deposit release process at the end of the tenancy. Fenn Wright also offer a deposit alternative product with Reposit, subject to eligibility, which gives the Landlord up to the equivalent of 8 weeks cover instead of a cash deposit of 5 weeks.

An Energy Performance Certificate (EPC) indicates the energy efficiency of a property and is valid for 10 years. It is a legal requirement for landlords to have a valid EPC before marketing commences and the property can be let. Fenn Wright can arrange an EPC for you.

Unfurnished properties are most in demand - this traditionally includes carpets and a cooker. Some landlords do provide other white goods but these will require maintenance if included in the initial let. If you are planning to let a furnished property, do bear in mind that all upholstered furnishings (such as sofas, mattresses, chairs etc) provided in a rental property must be fire resistant and carry a manufacturers label with a symbol that confirms this.

Tenants are responsible for paying for all utility bills including council tax, water, electricity, and gas. At the beginning and end of tenancies, HelptheMove will contact the relevant providers with meter readings and details of the occupants. HelptheMove manage the void periods on behalf of landlords and report back to Fenn Wright. All other charges such as ground rent, maintenance charges and buildings insurance must continue to be paid by the landlord. The Landlord is also responsible for any charges from utility companies whilst the property is empty.

From the 1 October 2015 landlords must ensure that a smoke alarm is fitted on every floor of their property where a room used wholly or partly as living accommodation. They will also have to put a carbon monoxide alarm in any room where gas, oil, or solid fuel is burnt, such as wood, coal or biomass and includes open fires.

Energy Performance Certificate (EPC)
It is a legal requirement to have an EPC before you market your residential property. Fenn Wright can organise this document on your behalf. This typically costs between £100 - £135, dependent on property size.

How much do you charge?
We offer a free, no obligation market appraisal of your property and will discuss fees with you in detail.

Legal fees for the conveying process?
These can vary depending on the solicitor you choose. We are happy to recommend two or three reputable solicitors who you can obtain quotes from.

Strong kerb appeal helps your property stand out and creates a positive first impression. This ultimately increases the likelihood of attracting more viewings and achieving a better sale price.

Your mortgage is likely to be the biggest financial commitment you will make, so it is important to get all the information you need and to choose the right one for your circumstances. With that in mind, Fenn Wright are pleased to partner with mortgage brokers, Fitch & Fitch. Their experienced team offer independent mortgage advice and work with a full range of UK providers, from investment banks to high street names. Fitch & Fitch provide a range of services, including residential and buy-to-let mortgages, private and portfolio finance, bridging loans and commercial finance. If you would like independent mortgage advice, please email mortgages@fennwright.co.uk or click below and a broker from Fitch & Fitch will be in touch shortly.

We have offices in Basildon, Chelmsford, Colchester, Felixstowe, Ipswich, Kesgrave, Manningtree, Stanway, Sudbury, Witham and Woodbridge - and we have homes for sale throughout Essex and Suffolk. We also offer a Signature service selling the most desirable village and town houses, country homes and properties with character - as well as properties with equestrian facilities.

A guide price indicates a likely range, whereas an asking price is a clearer target figure the seller is aiming to achieve.

Sold Subject to Contract- this means an offer has been made which is attractive to the vendor who has then accepted the offer. The purchaser's solicitor will be making enquires about the property and the purchaser will be organising their finance. Once both the buyers' and vendors' solicitors are happy to proceed and the purchaser has secured the necessary funds, a contract will be signed so that the vendor has to then sell to the purchaser who has to then buy. Once a contract has been signed the completion will follow when the consideration (money) is handed over and the ownership is officially transferred. Once an offer has been accepted (SSTC) the property will be taken off the market and no further viewing carried out. Details of any other interested parties will be retained and they will be informed if the property comes back onto the market.

Many people try to raise the finance themselves through high street lenders. Often they find that these lenders view fisheries as an unknown quantity and may be reluctant to lend substantial sums against them, as they have no specific credit policy guidelines on this sector. It is important to approach the right part of lenders in order to get to underwriters who have knowledge of, and are comfortable in funding, fisheries. We have found that the funding of fisheries is usually a much smoother process where applicants use the services of professionals who have specialist skills and knowledge of raising fishery finance. We have ongoing relationships with certain such professionals and will be pleased to put you in touch.

Where a fishery / business has been trading and there are accounts available, these will be made available to seriously interested parties. This will usually mean that you have visited the property and met either the owner or us.

Generally speaking if you are able to service the loan through outside income and the business you may be able to borrow up to 60% of the market value of the property. Lenders only provide finance on a commercial basis, which is usually more expensive than a residential mortgage.

We have kept extensive records of fisheries and water-based assets that have been sold both on and off market going back over 25 years. This enables us to value water and leisure properties on comparative evidence (as houses are valued). Where a property is producing an income, or has the potential to, this will be taken into account and valued along investment principles.

Other factors such as prevailing economic conditions, the attractiveness of a site or the value of the different components (house, holiday lets, planning potential etc) will have been taken into account. Salmon rivers are normally valued on a value per fish basis.