Deed of Variation of Lease

January 24, 2024 Joint Strategic Director - Community and Wellbeing (Officer) Approved View on council website
Full council record
Content

Deed of Variation of Lease dated 21st January
2002 between GBC and Pavilion Housing Association (Vivid) Property
address:
11, 12, 117, 118, 133-136, 136a-136d, 137a-137d, 137, 138, 141, 142
Longacre Ash.

1. New definition - amend the definition from “Registered
Social Landlord” to “Registered Provider” in line
with recent legislation amendments. We propose to accept this
variation as it does not make any substantial difference to the
Council.

2. Amendment of existing clauses and an addition of a new clause
– Paragraph 19 and 23 of the Third Schedule of the lease
shall have the parts which give protection to a mortgagee or
chargee removed and replaced with a new clause 26.

The new clause 26 allows for the mortgagee or chargee, providing
they give the Council 3 months notice (previously 4 months), to
change the use, sell, assign or underlet the premises free from the
provisions in the existing clauses 19 & 23. The existing
provisions are to use the premises for the purpose of rented
housing to meet local needs “affordable housing” or to
assign or underlet the premises to a Registered Provider.

The current wording of clause 19 provides additional protection to
the Council in that the mortgagee or chargee does not have an
absolute right to change the use and the use still has to be
approved by the Council. As the consent is not to be unreasonably
withheld the scope of this protection is limited but it certainly
goes further than the proposed new wording.

Details

OutcomeRecommendations Approved
Decision date24 Jan 2024