Ground gradings

[Paul Stephens]

If you want a real fright look at tony kemster's website for ground grading 2006/7 http://www.tonykempster.btinternet.co.uk/ground_grading.htm

 

too much info to summarise, but ALL clubs down to step four (grade E) will need to meet the following:

 

Quote:

The club must either:

 

(a) Own the freehold of the ground, or

 

( Have a leasehold interest of which the renewal provisions of the Landlord and Tenant Act 1954 have not been excluded from that lease, or

 

© Possess an acceptable licence or agreement for the use of the ground for a minimum period of 10 (ten) years unexpired.

 

In the event of a club having a leasehold interest of less than 10 (ten) years unexpired then the renewal provisions of the Landlord and Tenant Act 1954 must not have been excluded from that lease.

 

 

{I never understand what that means - after three years of a ten year licence does the ground qualify or not?}

[GarySTFC]

So Stag Meadow would have to add a few more seats and sort the bulbs/floodlights out and they'd be ok for Conf South (Step2).

 

So basically, if we're not sorted by the end of next season, we'd have to have a 10 year agreement in place with Windsor or ANO? That's how I'm reading it. Presuming of course we're still being done over by the council at that stage which seems likely...

[Martin]

That not how I read it no.

 

Basically we could enter into a lease of X years with renewal under the LTA 1954. Basically provided that act is not excluded it means at the end of the term the lease effectively renews itself and carries on - on the same terms until one party formally terminates under the act.

 

However, there is a distinction between a lease and a licence. It may well be that we have a licence to use Windsor's ground and not a lease.

 

What the above is saying is that if you only have a licence and not the more secure lease the licence must have a ten year unexpired term. Essentially, what this means is we would have to enter into a licence and renew it regularly to ensure that there is always ten years left to run.

 

Well that is my understanding anyway.

[Ian]

You'd probably be better placed to know, Martin, but isn't a licence just any agreement that could have any terms in it, good or bad, depending on how it's written. Whereas a lease, by definition, has to include certain legal requirements, one of which is reference or adherence to the Landlord and Tenancy Act. The last statement in the rules, however, about not excluding the renewal provisions under the act suggests that it's legally possible to exclude sections from it if you so desire.

 

Either way, the 7 years security we need to play in the Ryman League becomes 10 if we wanted to play in the Conference South and as Martin says, that's 10 years secured so even a 20 year lease would only give us 10 years before having to renew it.

[Staines-upon-Thames Rebel]

The need to have and own a ground for the club no matter how hummble looks a priority.

 

The longer we are tennents paying out money rather than investing and growing the club the harder it will be to ensure we meet this League let alone any higher ones criteria.

 

News on progress a new ground from Martyn Deaner has been non existant so we need to assume it is up to the Trust to set the wheels in motion.

[Martin]

Basically to be a lease it must grant exclusive possession of the premises for a term at a rent. The reason we only have a licence imo is because we do not have exclusive possession.

 

A business lease automatically has the protection of the LTA. However, the parties can expressly exclude the Act and the law cannot protect you if you make a bad bargain.

 

Clearly in our case if we are to continue to groundshare we either need to lease a vacant ground with protection under the LTA or secure a long licence of at least ten years.

 

Obviously a preferred option would be to secure our own ground. It has to be remembered that at an open meeting of all supporters Martyn Deaner asked the supporters to decide whether to stick with him and run the risks. He did however say that he would report back to the supporters regularly. This has not materialised so we really need to call on Martyn to report back.

[Staines-upon-Thames Rebel]

Martin your definitions makes sence of the terms used and I agree with the implications.

 

Martyn Deaner held the meeting on 5th August 2004 and we are now 5 months closer to yet another close season of doubt. An update is well overdue!