New Council Tenancy Agreement

 

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Current Situation

Posted on 12th August, 2011

CCC have now supplied us with the draft of a completely new BEACH HUT TENANCY AGREEMENT. The negotiating team is studying this document but it is early days and I am an accountant not a property lawyer. Quite clearly a lot of work has gone into it and most of our objections appear to have been met.

 

This document is radically different to the old Licences that we have seen in past years. The intention is that the Tenancy will be for an initial period of three years probably from 1st April 2012. After three years assuming that relevant conditions are met then the Term will be renewed for a further three years.

 

The really important sections relating to Hut Transfers to Close Family members and the right to Sell your Hut have been retained in the new document.

 

CCC Letter issued April 2011

Posted on 11th August, 2011

On 12th April 2011 the Council issued a Licence document. The document was not as we had agreed and we were advised that it is technically incorrect. Consequently we advised people not to gign nor return it to CCC.

 

Following the election Andrew realised that he could not lead an Association that is committed to negotiations with the City Council. He therefore resigned his post of Chairman and as a Committee Member of the Association. Since then he has not been involved in the management of the Association and indeed has declined to discuss Beach Hut matters at Council Meetings. We do however welcome him in as an advisor and his observations on his daily walks along the huts.  

 

CCC issued a reminder letter about returning the Licence of 12th April 2011. Once again that letter has some monumental errors and once again we reccommend that members decline to return the document. 

 

 

Background

Posted on 11th August, 2011

As you are all aware for years CCC have prepared annual Licences to regulate our use of the Beach Huts.  As a result of researching evidence for the Beach hut Scrutiny we discovered that even the Council Officers knew that these documents were unsatisfactory as far back as November 2005.

 

At the Tankerton AGM in November 2009 two of their members, who are both lawyers, took issue with their committee about these Licences. As a result it was  decided that an approach should be made to a specialist Barrister to seek a Counsels Opinion on the subject of the Hut Licences.

 

To say the least there was a lot of to-ing and fro-ing doing research and it was inevitable that we at Herne Bay got involved in this work. Eventually a Brief was prepared and submitted to Counsel. In June 2010 a team of five went to London and had a most productive consultation with a QC.

 

Following that meeting our Legal Adviser, an American lawyer who lives in London but owns a Hut at Tankerton, prepared a draft agreement which has been discussed at several meetings with Council Officers. Many points raised in the various drafts have been accepted by both the Associations and by CCC.

 

At a meeting on 11th March we agreed many points but had not had sufficient time to conclude the agreement. The recent Council Elections intervened and all discussion was temorarily halted.