'Security of tenure' means having the legal right to use a piece of land or building. This could be for a fixed period or permanently.
An organisation only has security of tenure if they have a lease or freehold.
You've got security, if you have a lease
A lease is an agreement between your organisation and the owner of the property or grounds (freeholder) that your organisation uses.
A lease will allow your organisation to use a designated piece of land and/or facilities for a fixed period, usually for a fee.
Like deeds, lease documents can come in a variety of different formats and may be in the name of your organisation or its trustees. If you have a lease for seven or more years, you may have access to documents via the Land Registry or you may have a document from the freeholder.
Your lease is likely to detail the terms and conditions of your use of the site or facility.
It will probably refer to:
- The property name, address and postcode.
- The rent you will pay and any rent reviews.
- Any specific restrictions or expectations.
- Your responsibilities and those of the freeholder.
- How long your lease is for and whether you have a break clause (the opportunity for you or the freeholder to terminate the lease before it expires).
- A site and boundary map which identifies the area included in the agreement between you and the freeholder.
- Phrases like “exclusive possession”, “quiet enjoyment” or “peaceably hold”.
- “Exclusive possession” means your organisation can use the site to the exclusion of all others, including the freeholder.
- The other two phrases mean your organisation can use the site without disturbance.
- If these phrases aren’t included in your document, you may have a different type of agreement such as a licence, so check carefully.
Some of these points may be in other types of agreements that do not offer security of tenure.