Welcome to CLAS Rebecca Marshall & Jade Bashford England Community Land Advisors Community Land Advisory Service

Increase community access to land across the UK. Advice to landowners and growers Guidance on technical lease agreements and related issues. Website, phone & events Funded by DCLG, The Tudor Trust, Esmee Fairburn Trust, Social Action Fund The Community Land Advisory Service

Agenda Introductions Why are leases needed? What do landlords want? Heads of Terms Types of leases Select-a-lease exercise Q&A

Security – both landowner and community group Agree rights and responsibilities Gives a structure to your project Address potential areas of conflict Grants and investment Why landlords and land users need a land agreement

Care for their assets Paying the rent Happy neighbours (public meeting) A nice view An easy life Realistic plans and commitment Professionalism Someone they get on with Farm grant schemes Land back again hopefully with planning consent What landlords want

What goes into a land agreement

an individual several individuals a company (including a community interest company) a limited liability partnership a charitable incorporated organisation (CIO) an industrial and provident society (IPS) Legal Identities – who can sign?

Pontypandy Community Ffarm Landlord & Community Group or Community Group Draw up Heads of Terms

Allotment (size, statutory or non statutory, rights) Licence (landlord still uses the site eg garden share) FBT (must be agriculture or horticulture, exclusive occupation) Business tenancy Different kinds of land agreement

Agricultural Tenancies Act 1995 Trade or Business and Agriculture takes place. Agriculture includes: Horticulture, market gardening, nursery grounds, fruit growing, seed growing, dairy farming, grazing, livestock breeding and keeping. Gives exclusive occupation to the Tenant, with some exceptions Flexible terms – any length, any rent, any method of reviewing the rent Land agreement – Farm Business Tenancy

Joint use, if no permission then it would be trespass Licensor & Licensee Permission granted to the licensee to carryout a particular activity No exclusive possession, no notice to leave, no compensation rights Can be trading Land agreement – Licence

1954 Act lease “Business Lease” Gives exclusive occupation to the Tenant, with some exceptions Automatic right to renew Flexible terms – any length, any rent, any method of reviewing the rent No requirement to trade, if a community group End of tenancy compensation Land agreement – Business Tenancy

Allotment Acts legislation Not just council landlord, could be private individual Produce for allotment holders family, but surplus can be sold Maximum size of 0.1ha (1/4 acre) Year to year agreement 12 months notice to end Land agreement – Allotment

What type of lease?

Deed Longer than 3 years Solicitor to witness signature Stamp Duty Land Tax Tenant’s responsibility Notify the tax man Applicable if more than £1000 rent/year, 7 years or longer term Land Registry 7 years or longer term Other lease issues……

Why? Financing Mortgage Community Investment Private Loan Grant Gift (legacies) Industrial & Provident Society May still need a lease What about buying land?

Further information…..