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Asset Transfer

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 ASSET TRANSFER Would you like, as a local charity, to in fact own your community centre?There is a big debate that has been going on for some time on this matter - are you informed of this?Are you and your Local Authority discussing these matters?Probably not! For many of us in the Community Sector we are still trying to get a discussion going (from off the back of a fag packet agreement) on the issue of basic security of tenure agreement in regard to the Community Centre/Village Hall/Community premise we as volunteers are using to deliver so many diverse needed services to the local community (all on a voluntary basis). The issue of actually owning the charity premises is, therefore, a long way away. Our issue is basic Security of Tenure agreements such as Occupation Licence/Lease!However, let's get updated on current thinking. After all, if we felt competent to own the premises, the stupid issues of Commercial Market Rents (and pass the parcel rent grants/or not as the case may be) would be consigned to the dustbin! We would have assets and be able to enter the financial markets! We would not be at the behest of changing political policies of landlords! Well that's the bright side - we would need to consider all of the other potential downsides and risks, e.g.

  • Are we buying a "pig in a poke" - what is the material condition of this building - has it been let to go to rack and ruin in terms of no landlord maintenance for so many years!
  • Will the landlord place extreme protection covenants on us in the transfer of the asset (supposedly to protect the public - but in effect to negate the benefits of the asset transfer?)
  • Will we be able to afford the financial management of the asset - where will the financial market financial risk management/support/development come from?
  • Are we up to the job of being asset managers?
  • If asset transfer still means a substantial Capital Sale Charge - where does the finance capital come from?
  • How do we finance ongoing capital building maintenance/repair/development costs?

Go into the links page and start to update yourself on this subject with the many materials available on this subject.Go into the contact us page to feed back your views and suggestions. If the issue of asset transfer of community premises seem so remote - one issue for us all to remember is this:

  • Statistically the larger proportion of Rural Village Halls occupy premises on Charity Trust ownership of premises.
  • Statistically, the larger proportion of Urban Community Associations occupy premises at best on an Occupation Licence Agreement" and at worst "as tenancies at will."
  • This is an essential issue to investigate and understand. Let's have some answers!

The Way Forward

  • Let's ask our Local Authority "What is your policy in regard to making available community premises for asset transfer?"
  • What is the market valuation for sale of our community premises - and what is the view of the local authority in their powers to provide a price at less than that market valuation to the point of straight asset transfer arguments?
  • From our point of view the community sector need appropriate "Independent Professional Advisers" - who are they, where are they, what's the cost feature - let's have your ideas, recommendations on this important subject.

© 2002 David Howell MBE MA BA Cert. TU Studies (LSE) • all rights reserved • site by Capital Designs