Decision details
Fairfield House and 27 Burleigh Gardens - New Lease (WL)
Decision Maker: Cabinet Member for Adult Services and Council House Building, Cabinet Member for Resources
Decision status: Approved
Is Key decision?: No
Is subject to call in?: Yes
Purpose:
Bath and North East Somerset Council wishes to
regularise the current occupation of land and buildings comprising
Fairfield House and 27 Burleigh Gardens, Bath, BA1 3RR. It is
intended that the regularisation will be through a two year lease
arrangement with Fairfield House Bath CIC.
Decision:
To delegate to the Director of Regeneration and Housing authority to:
(1) Grant a new lease for a two-year term, which will be outside of the security of tenure provisions set out in the Landlord and Tenant Act, 1954 at an annual rent of £1,200 per annum.
(2) The lease will be predominantly on the basis of the Landlord being responsible for repairing and insuring the property.
(3) The Landlord will carry out some limited works at the start of the lease.
(4) Based on the terms as set out in the Heads of Terms
(5) During the two-year lease period the tenant will develop plans to apply for a Community Asset Transfer (CAT) or a new longer lease (25 years).
(6) The tenant will, during the lease period, arrange and develop stand-alone funding, business and any partnership plans in consultation with the corporate estate and service department.
Reasons for the decision:
Fairfield House Bath CIC currently occupy buildings and land comprising Fairfield House and 27 Burleigh Gardens. This decision regularises current arrangements. The tenant has committed to developing a business case during the two-year lease period, with a view to securing a community asset transfer. Any future transfer would be subject to assessment against council policy, financial and legal frameworks.
Alternative options considered:
Other options are currently limited due to the occupation/proposal and condition of the property. A primary option would be an outright sale of the property on the open market. However, this property is a valued local community facility, and it is therefore considered that a community asset transfer is the preferred option. This is subject to a robust business case being submitted which is compatible with council policy, financial and legal frameworks.
The grant of the new lease enables the community to retain a facility and community centre resource for the short term with a view to the tenant working up to and planning a sustainable operation, to transfer to a longer-term lease opportunity by way of Community Asset Transfer.
Publication date: 04/10/2022
Date of decision: 04/10/2022
Effective from: 12/10/2022
Accompanying Documents: