Ty Pawb – Very disappointed :-(
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Looks like it might have been a thank you to Claire Field for deputising as Chief Executuve over the past few months as she is the only non Executuve Board Member around the table!
I would imagine that if it was waitress service they would all have the same drink and plate of food as they are so accustimed to all putting their hand up to vote for somnething collectuvely at meetings they would not know how to make a personal decision based on personal knowledge.
Is it appropraite to go to a venue where not of the trader are actually paying to trade– some might have closed up when they saw the ‘gang’ thinking they had come to collect the rent!!
Why do people on Facebook keep saying that Ty Pawb is “unfinished”? I thought that was just how it was designed to look, a modern “industrial” or “stripped back” look? Or have I misunderstood this and it is literally unfinished?
They are usually referring to the fact that it looks unfinished – relative to the millions spent on it.
It is worth testing out the food – you can get the food to go in boxes from there, so would imagine that is what happened if they had a taster :)
Regarding rents etc – after following up on something that is due to be published shortly I am told one or two are signing or have signed up, and are getting a meaty demand for back rent in full upfront, as promised by WCBC.
Several appear to have similar questions over the difference between a licence and a lease, however there does not appear to be collective advice being sought as far as I know.
Re: the unfinished comments, I spoke to a couple of traders last week who claimed that some stalls were still having work done to them last month. There were definitely several incomplete when it opened and there was no internet in there for two months.
Very surprised that the stall holders had not been made aware in advance that they would have a licence and not a lease agreement with the Council.
1. A key discussion point between traders and the Council should be whether full unrestricted access to enable trading without interruption occurred when they first moved in or what was the defined date of completion of all works – which should then determine the commencement date on the Licence.
2. Second key point to be considered is what promises – written or verbal where given to traders by officers or Council Members about what support and marketing would be provided on a collective basis to promote the level of footfall and art activity.
3. Did the initial discussions around the monthly payments have any variable conditions based on predicted footfall and whether there were any clauses which enabled the rent to be variable linked to overall success of Ty Pawb?
It is crucial that all traders should be united in their approach to the Council and not allow themselves to be picked off one by one. Traders should remember that they are ‘recommended’ by the Council to seek legal advice before signing any contract- behaving in an ‘unreasonable manner’ the way the Council’s actions are being reported woud not be viewed by any court favourably for the Council. A court would also take into account the proportionate time traders have waited to receive documentation.
It appears that the Council are now trying to use bullying tactics to get themselves out of a hole.
To help them here is some free legal information – the traders group should as a matter of urgency instruct a firm of Solicitors to take the case forward – (traders sharing all costs).The following is a brief summary of the differences between a Lease and Licence:
Lease or Licence – do you know the difference?
The most common ways to occupy a property are by a tenancy at will, licence, or lease. It is important that tenants, as well as landlords, know the difference between these types of occupation and are able to choose the most suitable for their requirements.Tenancy at will
By its very nature, this arrangement is the most flexible between landlord and tenant. It can be terminated at any time by either party, for any reason. A tenancy at will does not create a legal interest in land and therefore should only be used on a short-term basis. This type of arrangement is suited to allowing a tenant immediate access to a property, whilst lease negotiations continue.Licence
A licence, like a tenancy at will, does not create a legal interest in land. It is merely a permission to use the premises for a particular purpose, and can be for a fixed term or ongoing. A licence does not grant exclusive possession.A licence must be carefully drafted. If the terms of the licence actually make it, in substance, a lease, then the courts will treat the agreement as a lease. This creates a danger that licences, which are not correctly drafted and granted for longer than six months, could earn the tenant a claim for protection under the Landlord and Tenant Act 1954. This protection provides security of tenure to business tenancies, granting them the right to remain on the premises following expiry of the contract, and to request a renewal on the same terms.
Lease
A lease is a legal contractual arrangement where the lessee (tenant) agrees to pay the lessor (landlord) rent for exclusive occupation of a property for a fixed term. A lease provides the tenant with the right to possession of the property, to the exclusion of all others including the landlord. A lease creates a legal interest in the property and therefore any sale of the property, during the term of the tenant’s lease, would be subject to the tenant’s lease.Seek advice
A court will always look at the substance of an agreement rather than just its name, in order to interpret the true intention of the parties. It is therefore important for both landlord and tenant that occupation arrangements are regularised and properly documented. This is a complex area of law and legal advice should be sought on drafting and negotiating terms.Information above shown as Free legal information is from Google search- article please contact Alex Wilson-Jones at [email protected] or 01494 478 681.
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