Community organisations occupy property (land and/or buildings) for many purposes and under a range of tenure and access arrangements.
There are three basic legal ways of holding a property:
- Freehold
- Leasehold
- A license to occupy
Leases
Leases are a legal document giving the tenant an interest in land. It normally grants an exclusive right to occupy the premises throughout the term of the lease. Majority of leases into which community groups wish to enter will be regarded under the Landlord and Tenant Act 1954 as business tenancies. Unless the security of tenure provisions under Part II of the 1954 Act have been excluded by court order (and the order is referred to in the lease) or, more commonly, by agreement between landlord and tenant, the Act provides that on the termination or the expiry of a contractual fixed term or of a notice to quit in relation to a business tenancy the contractual tenancy will automatically continue on the same terms. At this time, the parties will undergo a lengthy process concerning the grant of a new lease.
Terms and conditions of leases
Long-term leases typically run for a period of 99 years, or longer. There is usually an annually or quarterly 'ground rent' payment, typically at a low level, and the lease along with giving long-term security will generally place few restrictions on the ways in which the property is to be managed or used.
Most leases of this type apply to residential property rather than commercial but there is no legal reason why a commercal property should not be let on the same basis.
Shorter-term leases
Leases of this kind may still run for a significant period. In relation to property to be used for community centres, village halls and the like, Community Matters and ACRE recommend that a minimum period for a lease of this kind, should be 28 years.
Negotiating a lease
A community organisation might be at a disadvantage to a landlord when it comes to negotiating terms for leases. When a landlord such as a local authority or a large charitable trust owns a number of buildings which it wishes to make available for community purposes, negotiations may best be done through a representative body such as a local federation of community organisations or a council for voluntary service. In all circumstances we recommend that competent professional advice be sought.
Good management of buildings doesn’t just happen by chance. It requires thought, care, application and attention to detail. It also requires practical skill and knowledge. If to all that there can be added a real love for the building, that is a bonus whose value is immeasurable. Meanwhile, building management to be effective needs to be organised.
To read more about negotiating leases, download our information sheet here.
Heating and Lighting – an energy management strategy
In recent years there has been increasing recognition of the importance of both efficiency and sensible economy in the use of energy resources. Not only does the future of the planet require it; the tightness of budgets also makes it imperative. Energy conservation should be a vital component in an organisation’s strategy for building management.
An energy management strategy will involve a number of components. Ideally, these will include:
- Appointing an Energy Management Officer or Group;
- Auditing existing usage;
- Setting targets for improvement;
- Establishing processes and procedures for their attainment;
- Increasing awareness of paid and volunteer staff and of building users;
- Holding regular reviews.
According to a commonly quoted rule-of-thumb calculation, overheating a building by as little as 1°C can increase fuel consumption by 6-8%.
Cleaning
‘Good cleaning and waste-removal systems are essential in a community building for health and hygiene reasons and for comfort and presentation purposes. People who work in or use your building will feel better in a clean environment and achieve their goals with that much more ease than in a dirty, scruffy or dowdy one.
Key elements in management of the cleaning process include:
- Detailing the tasks to be performed and scheduling them – daily, weekly, monthly, etc.;
- Acquiring appropriate cleaning equipment, and training staff (paid or volunteer) in its use;
- Seeking advice on maintenance of floors and other special surfaces, and instructing staff accordingly;
- Encouraging users of the building to use facilities such as litter bins, door mats/shoe scrapers, ash trays;
- Not forgetting the importance of cleaning the exterior of the building and the site
- Careful supervision and proper management of cleaning staff.
Waste disposal
Waste reduction and recycling
Organisations running community buildings can encourage the recycling of waste in several ways:
- By themselves recycling their own waste products - e.g. by re-using (e.g. for notetaking) paper which has been used only on one side; buying products made from recycled materials; double-sided photocopying;
- By using public facilities for the recycling of paper, glass, cans, etc.;
- Where they have space, by arranging for the local authority or another waste disposal organisation to set up skips on their premises for recyclable material;
- By collecting goods for local charity shops or for charities which export used goods (e.g. tools) to third world users;
- By setting up clothing exchange or similar schemes on their own premises.
Refuse charges
Many local authorities make charges to charities and other community organisations for collection and disposal of waste from their premises. They do, however, have discretionary power to waive some or all of these charges in the case of ‘premises occupied by a charity and wholly or mainly used for charitable purposes’, and it may be worthwhile for a community organisation to draw their local authority’s attention to this power and to seek to negotiate free collection or a preferential charge.
Furniture, fittings and equipment
In obtaining furniture and equipment, several principles need to be born in mind:
- Comfort and attractiveness of appearance;
- Durability and suitability for heavy usage (often commercial rather than domestic furnishings and equipment will be appropriate);
- Ease of movement, lifting, storage, etc.;
- Ease of maintenance, including repair or replacement following breakages;
- Kitchen and electrical equipment (including computers) must conform to the relevant regulations.
For more information
To get more information in practical detail the furniture and equipment that may be required in a community centre and for a checklist, select the links below to download our set of publications. It also contains the minimum standards for buildings, fittings, furnishings, furniture and equipment.
If you would like to talk to one our advisers, call our advice service on
0845 847 4253 from 09.30 to 13.00 on Mondays and Thursdays. Alternatively, you can
email us your question and we will get back to you.
Download Online Guidance and Advice
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