Guest Posted June 28, 2013 Share Posted June 28, 2013 Not sure if anybody is still following this. Just a quick update from my last thread... Let me first explain a little more: The building we occupy and rent a room from is a council building. The committee have to adhere to strict guidelines in order to run the centre. The community association is given a lease from the council to run the centre and in this lease are the usual "the council are not liable.." terms and conditions. Basically to protect themselves (the council) So we have had a projector attached to the ceiling with the obvious wires fastened up leading to the pc and power point required. This has been in place for over 3 years, but we recently had to move it about 6 months ago to a new position. We verbally agreed with the "old" committee and got permission verbally. We never really thought any more about it, it is only 6 screws in to the ceiling and not much of a major thing. Now about a month ago we got told by the committee the projector "must come down" as it is a breach? I now need to add that we have been waiting for a new Agreement from the committee as it had been over 4 years since we signed anything. It has taken the "new" committee ages 18 months to be precise to get a new Agreement sorted for us and it is now near completion. It appears the delays recently are due to a "breach" that is holding up the new agreement! This breach being the projector!! The only agreement we have seen is a "draft agreement" and we have not actually signed anything in the last 4 years. It just seems very strange and without a new agreement could we just be chucked out of the centre!! i can't even find our "old agreement" at the moment but i know it was nothing like the draft agreement in place now (taken from a childrens centre down the road!) and like i said a lot of things with the old committee was verbally agreed! Now we realise that isn't good, we didn't know any better at the time. We live and learn i guess. It is all very worrying. I am waiting until the next committee meeting to get things sorted hopefully! It just seems this new chairlady of the committee doesnt want to work with the nursery (its only full time tenant who they want to charge over £20,000 pa for a room in the centre no larger than 100 meters squared) who without could possibly not pay the costs to run the centre!! If i seem frustrated i am sorry.. i am not complaining about committee's in general.. they are great! Just this committee lol Link to comment Share on other sites More sharing options...
AnonyMouse_3139 Posted June 28, 2013 Share Posted June 28, 2013 Blimey, dont know what to say. Is the projector the only breach as they see it? I would expect the committee have a copy of the old agreement so if you cant find yours ask to see a copy of theirs. If the counci own the building, can you go direct to them? I do recall you saying the chair is close with the council, is that right? So maybe not your best bet! I thijnk I'd be looking at getting some legal advice, it might cost you but a solicitor will know their way round leases and agreements and be able to either give you advice or intervene on your behalf. A chat with one shouldnt cost too much. Link to comment Share on other sites More sharing options...
AnonyMouse_30128 Posted June 28, 2013 Share Posted June 28, 2013 to my knowledge they have to give you reasonable notice to quit (or you can claim squatters rights!!) as this has been the way you have been running for years and so therfore both parties have agreed to the terms, whether verbal or written is not so important, if it has been accepted as the way things are then you have some protection. Are they suggesting they have another lease holder to come in? (20k is a lot to pay!!) Are they a charitable group or a company? either way they have a duty to their trustees to get the best use of the building .....i would doubt they could get that sort of income as easily from elsewhere. In terms of the breach (!!) i would try to talk to one of the members to get this sorted....do you have any connections on the board? To be honest the equipment is not theirs so the liability is not theirs either...so if it fell of the wall it would be your insurance you would claim from.....can you give them a copy of your insurance policy (is this a named item?) this might allay their fears a bit Link to comment Share on other sites More sharing options...
Guest Posted July 1, 2013 Share Posted July 1, 2013 Thanks for your responces once again and some great ideas. Yes it's a lot ot take in! I won't metion our other problems! @Rea - yes a solicitor might be a huge help with this your right. I am going to ask for a copy of our original agreement, but i won't hold my breath! The new chair is very inexperienced, and the councillor is also new to her job! The councillor is suppose to be advising our new chair, but its like the blind leading the blind in my opinion! The only group involved that could actually lose anything if things all go wrong is us! Yes the association is a charity run group. I am like i said now on the committee so i can keep my eye on things to some extent and get involved in decisions which will help. @finleysmaid - yes a lot of the original agreement was verbal and we have been running things for over 4 years in such a way until recently when the council suddenly got more involved in the centre and seem to have an agenda possibly with the land or building itself? My paranoia setting in!! Since they took a keen interest in the centre, we have been made to make many changes going against our original agreement, both verbally and written!! The centre itself has also changed the way it operates. I understand some of the changes and the reasons, i will list some: - Locks Changed and only cetain people allowed keys (chair, caretaker, friends of chair when chair cant make it) The nursery who operates 5 days per week from 7.30am - 6pm NOPE no keys to front door of centre! - also other rooms not in use, including access to upstairs "staff room" are now locked unless in use. Guess who has the keys!! - Upstairs office we no longer have access to, so need to use a room downstairs (less space for provision) - Kitchen cupboards been locked and cooker switched off so we cant use it! We do have access to hot water though, when it works! nice of them. - Made to remove our nursery signage from outside above entrance to centre. (not a billing station being the excuse) - Need go get own bin, can no longer use centres. We have seperate nappy bin in any case. - Latest request to remove projector as discussed... - probably a few more to add?!! Ohh and the latest news is the centre is not a "business enterprise" but a community centre, so the council have told us, so renting rooms in the future to other businesses is not good practice, even though it is the only way to make the income needed to survive!! We dont even rent many rooms as it is and are in finacial trouble as i speak!!! I am sure there is light at the end of the tunnel Link to comment Share on other sites More sharing options...
AnonyMouse_19762 Posted July 1, 2013 Share Posted July 1, 2013 Ohh and the latest news is the centre is not a "business enterprise" but a community centre, so the council have told us, so renting rooms in the future to other businesses is not good practice, even though it is the only way to make the income needed to survive!! We dont even rent many rooms as it is and are in finacial trouble as i speak!!! I'm genuinely sorry that you experiencing all these problems and that many hurdles are being put in you way the statement that I have quoted is an absolute load of rubbish - many of us here operate from 'community centres' or 'village halls' - none of which (to my knowledge) are 'business centres'....... 1 Link to comment Share on other sites More sharing options...
AnonyMouse_3139 Posted July 1, 2013 Share Posted July 1, 2013 Someone has had a taste of power and is throwing their weight around I think. Make sure everything is in writing, all correspondence between you and the council. If something isnt clear, write and ask for it to be explained more clearly. Keep records of everything verbally too incase they dont follow up in writing. I'd be a pain in their derriere. Link to comment Share on other sites More sharing options...
Guest Posted July 1, 2013 Share Posted July 1, 2013 Sunnyday i am glad you picked up on that part. It is very wierd but i was shown a letter that the councillor involved had been sent in with from the council. It stated from what i can remember that the centre was not a "BUSINESS ENTERPRISE" (yes in capitals too) but its a "COMMUNITY CENTRE" and should be used as such!! Yes we understand we need to get the community involved in the centre and use it to help the disadvantaged people of the community and fundraise to so so.. but at the same time the centre needs to pay its staff wages (cleaner and caretaker) and the overall running costs which without room hires it couldn't do. it is all very weird! thanks Rea you are absolutely correct! Yes i try to get everything in writing because my memory is bad anyway! I like to read over things a few times too. With regard to being a pain, the local councillor recently asked me to not email the chair so much because she gets the hump! Lets say it didn't stop me. To be honest the only reply's i get are "i have forwarded this to cllr xxxxx to look into" lol it's a JOKE! Link to comment Share on other sites More sharing options...
AnonyMouse_19762 Posted July 1, 2013 Share Posted July 1, 2013 Hmmmm..........what could be more 'community involving' than early years provision :blink: unless of course you are not taking children from your community Link to comment Share on other sites More sharing options...
Guest Posted July 3, 2013 Share Posted July 3, 2013 Hmmmm..........what could be more 'community involving' than early years provision :blink: unless of course you are not taking children from your community I did say something very similar to what you said in responce to this letter, and many of the room hires here are services to the local community, ie dance classes, zumba classes, slimming world, yoga classes, the usual really. These all contribute to getting people from the community to attend and do something positive with their lives. So yes i was puzzled to say the least :huh: Link to comment Share on other sites More sharing options...
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