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Leases & Licenses

Legal Advice
 

The Distinction between Leases & Licences

For further information on the distinction between Leases and Licences and the rights and obligations that arise as a result of occupying premises/land under both types of land holding please read the following information document.

Rent Reviews

Clubs holding Leases of the land they occupy are likely to be subject to periodic rent reviews.  Here we look at some of the issues and complexities involved with rent reviews in relation to not-for-profit clubs

Lease Renewals

In this section of the site we look at the procedures for renewal and termination of business tenancies under the Landlord and Tenant Act 1954. 

Part II of the Landlord and Tenant Act 1954 provides a framework for the renewal and termination of business tenancies in England and Wales. The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 has modernised the workings of the Act, removing some anomalies and making the procedure quicker, easier, fairer and cheaper. The changes took effect on 1st June 2004. 

Mooring Law

In this section of the site we look at the law relating to moorings including the right to lay moorings.

Crown Estate - License to Lay Racing Marks

Laying Racing Marker Buoys in coastal areas

Much of the seabed around the England, Wales and Northern Ireland is owned by the Crown Estate, and many coastal sailing clubs lay temporary racing markers buoys in these areas.

In 1958, the RYA obtained a licence from the Crown Estate Commissioner permitting Affiliated Clubs to lay temporary racing marker buoys.

That agreement became outdated, and so the RYA negotiated a new agreement with the Crown Estate Commissioners permitting Affiliated Clubs to lay temporary racing marks.

Under the terms of that new agreement, the RYA is obliged to make clubs aware of the contents of that licence, and to obtain an annual written acknowledgement from clubs confirming that they have read and will comply with the agreement.

Much of the seabed around Scotland is owned by the Crown Estate Scotland (Interim Management) and therefore the RYA has negotiated a similar agreement with the Crown Estate Scotland (Interim Management) permitting Affiliated Clubs in Scotland to lay temporary racing marks on seabed owned by the Crown Estate Scotland (Interim Management).

Under the terms of that agreement, the RYA is obliged to make Scottish clubs aware of the contents of that license and to obtain an annual written acknowledgement from Scottish clubs confirming that they have read and will comply with that agreement.

All Affiliated clubs have been sent a letter containing an acknowledgement which they should sign and return to the RYA if they intend to lay temporary racing marks. If your club has not received this letter, a copy of the relevant letter can be found below.

Affiliated Clubs wanting to lay temporary racing marks should be aware that in addition to the requirement to comply with the Crown Estate licence (or relevant permissions if the seabed in question has a different owner), the laying of marks is a licensable activity under the Marine and Coastal Access Act 2009. Further information is available at www.rya.org.uk/go/marinelicensing.