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I rent rooms from a Charity Hall and run a Kindergarten and the Chair of the Charity is saying she will increase my rent by 100% can she do that? I pay about £5K a year and this will now be £10K. I have a license agreement it has expired and I have a letter showing the rates until January 2015 the Kindergarten has been in the rooms for 45 years I have had it for 15 years.
Yes but it has expired
I could scan a copy but it ran out some years ago there are a few letters on the rates one of whihv is current and says the rate will stay the same until 2015 Jan
24th September 2008
The agreement was dated 24th September 2001 for 7 years
The most recent letter on rates was dated September 2012 and said the rate would run from January 2013 for 2 years. I wonder if I have rights or if the trustees can do as they wish.
The Chairman has sent a few letters which are contradictory in nature on the price of the rooms per session.
The latter at certain times of the day and they are used by others (though 1 room is much more permanent) I use them in term time from 0830 to 1230 or 0830 to 1500 for one room. I use 3 rooms 33 weeks of the year.
I would guess I am outside the Landlord and Tenants Act but the length of occupation and the nature of the relationship may alter that somewhat. Also the Chairman of the Charity seems to be pretty unconventional and her letters are pretty in consistent on price and she is asking for ke to take down wall hanging
The wall hangings have been changed but have always been a part of the fixtures and the Nursery has the same name as the Hall it is rated Outstanding in all area by Ofsted
No sadly the Hall allows others to use the rooms but during our periods ie the 33 weeks we have uninterrupted use and the doors as you might expect are securitised (not a real word)
so such letters that are written do not really have a contractual bearing or that contractual statement is open to question?
Is there any arbitration that can come into play or can the rent be altered quite dramatically if she chooses
A highly rated Kindergarten trading for 45 years in the Hall and we would have to move out can we not challenge the basis of the Trust which was set up for the Local Community not necessarily to run Wrestling or such things. The Benefactor was a philanthropic individual who gave the Hall to the Community and simply the Trustees want to use it as a Wedding venue but in my view will not get any daytime trade for the times we use it and we are almost famous in the town based on our name and location.
Also have we established the way we use the Hall over the 45 years with furniture and display boards and coat hangers etc.. or can the Hall trust change that too and to make it look more wedding like remove such school based trappings. Maybe we should go to the press? What role does the Trust Clerk have is he an executive position like on a Parish Council.
In short though our rights are limited can we assess if the charity is following its constitution and also can I attend Trust meetings or do I have to be invited? I think the Chairman has gone somewhat maverick and is riling up many of the licensees but I think also they are short of cash having repaired the roof recently. They do get s stream of cash from alms houses though.
Sadly no it was a quick cash purchase as the last person left to look after her husband but it was done some 15 years ago now. You are right with the synonymous comment and... we have traded as an iconic Kindergarten in the twin for so long always there. The Hall is only 100 years old (1908 actually) and we have been there for 45 of them. Seeing you are in Minerals do you know Ashton Keynes?
sorry town not twin!
Actually we are not there we are in Cirencester but Wingrove is a name from the village Ashton Keynes our Kindergarten is called Bing Kinder ham Garten I have split it to avoid google but Bing Hall Ham is the name of the hall and the benefactor is Daniel George and the B Hall trust is the trust.
It appears there has been a school associated with the hall since 1908 so actually it IS likely we may have a very strong association however the trust is a laudable one and we do not want to profit from that just have a fair deal. My wife will sell one day and the stronger the foundation the better the Kindergarten is now a LTD business.
Am I allowed to go to Trust meetings are they public bodies?
OK thank for your help how do you suggest we go on from here take legal advice and use the longevity argument? Or perhaps speak to the trusts legal advisers? or what?
Thanks for you help
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