Topic: leasehold Law

[powerspade]

Five years ago we formed our self governing association and obtain a reasonably long term lease to run it from our local council. When we began there was a large wooden building on site which was used as a communal centre for allotment tenants to meet and up hold meetings and store compost tools etc. Members of the then committee knocked this council owned building without permission from the council and I have a funny feeling that at the end of the lease this original building will have to be replaced with a similar one. Am I right in thinking that,
PS I wasn't aware of this until recently after I had been voted onto the committee

[Barnowl]

I'm not a lawyer, but until one comes along here are my thoughts:

The wording in the lease will be the crucial factor.  Unless the lease states that the property should be maintained or returned in the condition it was when it was granted you should be ok. Such clauses are common in property leases but might not be applicable to land leases.

There is likely to be a list of restrictions on your use of the land but I'd be surprised if that mentioned buildings except to say you mustn't place a permanent structure on the site.

Out of curiosity why was the centre knocked down?

[djbrenton]

The legal position is one thing, reality is another. Once a council has offloaded the management of a site they aren't really interested unless there are complaints about the site management. The only likely scenario where the council would want the land back is if they get permission to sell the land anyway.

[goodlife]

If council were ever to bother you about the building..you can always try their tricks and state that the building was in "dangerous state of repair" and had to be pulled down for health and safety reasons...

[powerspade]

Thnxs Goodlife I never thought of that :)

[PurpleHeather]

I was just about to post what goodlife said.

A wood construction, damaged during bad weather, would most certainly have been dangerous.

The person who telephoned the council for advice, which was followed (at the time) probably would now no longer have a plot nor would he even be living in the area maybe with no forwarding address. The person may well have passed away or retired abroad. 

You should also have a clause in your constitution exempting individual committee members from personal responsibility. The Association who sells you your public indemnity insurance will advise on that.