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The Committee received report ES-2584 which related to the revision of agreements for landing stages and gave an overview on the progress of rent reviews and lease renewals.
The Property Management Lead stated that most landing stages are held under historic arrangements and have been transferred between individuals at a premium. These arrangements were subject to a six-month break clause, and premiums have been paid by buyers with full knowledge and acceptance of that clause. Following discussion with the Crown Estate it was agreed that the previous informal arrangements could be formalised through new leases. It was proposed that new agreements be granted to provide six-year leases, giving tenants and prospective buyers greater confidence to invest in upgrading their stages. Break clauses would remain in place to cover major flood events and/or planned works.
Mr MacFarlane asked for clarification on the legal position with floating moorings - do users pay for right of access or do they also pay for the ability to the float within the harbour. The Property Management Lead confirmed they paid for the use of the land over which the pontoon sits. Mr MacFarlane confirmed that users could technically be charged additional dues on this. The Property Management Lead stated he was aware of this issue, but there was no proposal for extra charges.
The Acting Vice Chair of the Stakeholder Advisory Group (SAG) gave feedback from the group who were concerned that the stages had been continuously occupied and people had the right to transfer lands for the last few decades. There were concerns that if this was stopped there would be calls for compensation for the loss of security of tenure which would devalue stages and leases. It was noted that there was a break clause at the moment, but this had never been used. The Property Management Lead stated there were different agreements across the harbour, some tenants had long term security and this was accepted by the Council. Whether or not the break clause had been used this had always been there and the landlord had always had the right to use it, nothing had changed in this regard. It was down to purchasers to consider what risks they were taking.
The Acting Vice Chair of the SAG stated that if stageholders did not feel they had security of tenure they would not invest in their stages and this would impact the wider harbour. The Property Management Lead confirmed if owners had a statutory protection currently this would be protected. Mr MacFarlane agreed that if there was a six year tenure without the right to renew going forward then people would not invest.
Councillor Candy asked where the six year figure had come from and why it could not be longer. The Property Management Lead confirmed that the agreements had always been year on year, even if they had just rolled forward. Longer leases were possible but they would have to be registered with the Land Registry, which would increase costs and legal complications.
Mr Pickles stated that in practice a leaseholder that did not maintain their stage was told to do so by the harbour master and there had been occasions when they had been roped off until they were fixed, the next step would be that someone was in breach of their lease. Mr Pickles stated he agreed that a six year term did reduce the incentive to upgrade. The Property Management Lead stated that the Council would be willing to discuss longer leases.
Mr MacFarlane stated that there had always been annual licence, but it was custom and practise that made people invest for a longer period. The Property Management Lead stated that for those that had the statutory periodic tenancy the Council were willing to negotiate something longer. Mr MacFarlane stated a six year lease was better than a one year lease, even if the custom was that these one year lease had been rolled forward for years. The Chair confirmed this would be done on a case-by-case basis and people could negotiate a longer lease.
Mr Walker stated that because of the length of tenure of some of the leases which had been transferred and sold, people had a legitimate expectation that people could buy and sell the tenancies and the Council had facilitated this. The Chair stated that there was no bar on buying and selling, there had been an attempted sale which had fallen through as the Council had only offered an annual lease as an interim measure but this would not be done going forward as a six year lease would be standard. The Estates Manager stated this had been offered as an interim measure until the situation could be regularised. He accepted this was an issue but this was not the intention, there were a number of different interpretations as to whether the historic agreements were licences or leases which needed to be sorted out. The Head of Property and Place confirmed that peoples rights would be protected, and those that did have a protected tenancy could discuss this with the Council. Anyone who wanted a six year protected lease could do this in discussion with the Council. The Chair stated that a six year lease was the default, if people wanted something else this could be negotiated. The harbour did need to standardise leases.
Mr MacFarlane asked if this tenancy would be protected under the Landlord and Tenant Act. The Property Management Lead confirmed it was if people had a statutory periodic tenancy.
Councillor Ashton stated that the intention of the Council was to improve the security of tenure. For new tenants and those that wished to move across to a new agreement this would be more secure. The Head of Property and Place confirmed that anyone with a personal licence would move across to the new lease. Anyone who had an historic lease with legal protections, regardless of what it was referred to, would stay on this.
Mr Pickles stated that a lot of the concerns came down to a communication issue and this needed to be resolved.
The Acting Vice Chair of the SAG stated she still had concerns that people would not want to invest in their private stages if after six years they would lose their lease or if at the end of the lease they would have to pay a premium. The Head of Property and Place confirmed that a new lease would last for six year, at the end of six year they could roll onto a new six year lease but the cost was not likely to be the same.
Councillor Candy asked how many current tenants would not need to go onto a new lease. The Head of Property and Place confirmed each agreement would have to be looked at individually. If current users had a licence that has through the passage of time become through practice a lease and therefore acquired protection and the right to a new lease, then this would be respected. Anyone who currently had a genuine short-term licence they would, by agreement, go onto a more secure six year lease.
The Committee felt the the recommendation needed to be adjusted to recognise that current protections needed to be respected and that longer leases could be negotiated.
It was by a unanimous vote
RESOLVED
That Southwold Harbour Management Committee:
1. Noted the contents of the report
2. That the assignment or renewal of agreements be reviewed on an individual basis and where a legal protection exists , that protection will be respected. Where held under a simple licence a six year lease will be the default position , although longer leases may be negotiated.