Formal Agreements for Occupying Community Premises

1. LEASES

1.1       Need for a National Picture to advance Advocacy and Good Practice

We need to draw together a national picture of what is happening on this subject in each Local Authority area.

Armed with the facts of examples of good partnership practice, between a Local Authority and its Community Associations and Community/Voluntary Sector, it will strengthen the advocacy and consultations for others.

Many Local Authorities themselves struggle with the whole subject of "Voluntary and Community Sector Occupation of Community Premises." Many Local Authorities will be receptive to a Review of Policy based on hard facts and good practice models evident elsewhere.

Where Local Authorities have a comprehensive Community Development Policy, which has to be reflected by each and every Department of Local Government, consultation on the subject of Occupying Community Premises Policy will be far easier.

Legal Departments and Property Services Departments have a professional primary directive to protect and support their Local Authority. If there is no cross cutting Community Development Policy these Departments may view issues such as Leasing from a one-sided perspective and not from a Partnership Relation view. This will often be characterised as follows:

• Advice and options offered to Councils will often be limited,
• Recommendations will often seem to be as if "set in stone" legal imperatives,
• Private, corporate sector analysis will often be the drive.
• Inadequate understanding of Charity Law will often accompany this.
• Inadequate familiarity with a plethora of Local Authority Discretionary Powers will often also accompany this.

We, as a movement, therefore need to be well-informed with appropriate facts and evidence of what we consider are good Partnership Practice Guides. But to do this needs an effort and commitment from all in the movement.

1.2 How can you help draw this National Picture

If Community Associations and others in the Community/Voluntary Sector continue to live isolated lives and fight their isolated own battles they will never develop the collective strength that will advance causes for all (all will be losers). In addition all they will do is to continue to waste resources in isolated attempts at recreating potentially "square wheels" that are no good to anyone. (This Website is about "Plain Speaking" - if it offends that was not the intention).

This Website encourages you to share what your own situation is. What can you do?

• Go to the Survey Menu and complete the Questionnaire and send it on line through the Menu, Contact Us
• Send us a copy of your lease agreement if you have one. Send it as an attachment Email or directly, (by post), to the WHCA address: Peppercornrent WHCA 60-62, Mill Lane, West Hampstead, London. NW6 1NJ.
• Send us a copy of any Leasing Policy statement by your Local Authority (by Email/or hard copy through the post).
• If you know other Community Associations/Community Sector/Voluntary Sector organisations in your area, share this information with them. Whether or not they are E-IT on line get them to participate through the old well trusted pony express of the GPO (hard copy).
• If your Local Authority is, in your view,  one of the Beacon Examples of Good Practice we will show them on the Beacon Examples menu button - this will help others to pursue their advocacy from strength - by real examples.

1.3 Issues about Leases1.3.1 Go to the menu button Advocacy. Initially you will find a Report of a Conference in Camden (organised by local CA's) that will identify many of the issues and concerns you need to watch for (wherever you are) when considering issues of entering lease agreements and trying to advocate for Lease Policy implementation/review.

1.3.2 If you have questions about issues of leases being discussed with your Local Authority - go to Contact Us  menu button and ask your questions.

1.3.3 As responses come in this Website will continue to develop showing examples of consultation in the menu button Advocacy and in the menu button Beacon Examples.

1.3.4 Remember this - paramount above all else - the people elected to manage your charity are, in law, the Managing Charity Trustees of your charity. When considering issues of entering Lease Agreements or becoming, e.g. a Company - you must not be Railroaded by third parties - you must seek independent professional advice. That is the Golden Rule

1.4 Advice/Training on Leases & Incorporation/Managing Community Premises/Managing a separated Bar Social Club.

1.4.1 This site is linked to the CA's National Charity which provides such services to your kind of local community charity (Community Matters - The National Federation of Community Organisations). To contact them do the following:

• Postal Address:  Community Matters 12-20, Baron Street, London N1 9LL
• Website:  www.communitymatters.org.uk

1.4.2 You will find other useful and appropriate Website addresses on a range of issues in our menu button Links page.