5 Lease Enforcement PDF 166 KB
Report of the Director of Community and Children’s Services.
Additional documents:
Minutes:
Members considered a report of the Director of Community and Children’s Services in respect of Lease Enforcement. Members noted that there had been extensive consultation on this matter and the Minutes from the Meeting of the Barbican Residents Consultation Committee on 27th November 2017 had been circulated to BRC Members.
All Members (who were eligible to speak and vote) were invited to comment as follows:
6 Lease Enforcements PDF 166 KB
Report of the Director of Community and Children’s Services.
Additional documents:
Minutes:
Members received a report of the Director of Community and Children’s Services in respect of Lease Enforcements, which would seek a steer from the RCC to the BRC on how best to take this forward. The Assistant Director advised that the extensive consultation, which had taken place since Members received the last report in September, had formulated the 3 options as set out in the report:
· Option 1 – Strict enforcement of the Lease for all future cases
· Option 2 – Formal adoption of current practice for all future cases
· Option 3 – Strict enforcement of the Lease in all cases
Members were reminded that the RCC had no decision-making powers but acted as a consultation committee to the BRC. The Town Clerk advised that, as was usual practice, the BRC would receive the draft minutes from this meeting at their next meeting on 11 December. The Chairman explained that each Member would be invited to express their views, on behalf of their house groups and he would then call a vote on each of the 3 opinions. Members would be able to abstain if they preferred.
During the discussion, the following points were raised/noted:
In the case of Option 1, if the tenant and circumstances were to change, this would be taken into consideration.
New tenants would be made aware of the Conditions of the Lease when questions were raised by their Solicitors as the relevant clause states that tenants must carpet all floors in the premises from wall to wall.
The interpretation of ‘no business whatsoever’ had been applied literally in the case of Air BnB lets, which had been strongly supported by the Barbican residents and been the subject of a decision by the BRC in 2015.
Many Leases contained wording that was 30 or 40 years