Guidance notes for community groups & *sports clubs - apply for the Council’s consent to assign lease

Assignation means the transfer of the tenant’s interest in a lease by the tenant (assignor) to another party, the assignee. It normally requires the landlord’s consent.

Please read your lease for details of conditions that apply to the assignation of your lease. This is usually within a clause headed “Alienation”.

The current tenant or their solicitor.

No.

In the case of a tenant that is an unincorporated association,

1. A copy of your organisation's constitution and the minutes of the meeting that adopted it both of which should be signed and dated by the organisation's secretary. If the minute of the meeting is not available, then a letter signed and dated by the organisation’s secretary confirming that the constitution submitted is the current constitution will be acceptable. A Council solicitor will need to be satisfied that the officer bearers have the necessary authority under the organisation's constitution to assign the lease.

2. An application to assign the lease to the proposed assignee signed by an office bearer of the current tenant or by a solicitor acting on their behalf. The name and address of the proposed assignee together with a name, email address and 'phone number for a contact for the proposed assignee and additional information depending on the legal status of the proposed assignee. Please see answers to the questions below.

3. A business plan in respect of the proposed assignee’s use of the subjects, including financial projections for a minimum of the first three years. This is a link to an example and guidance to what is required,

4. A copy of the draft assignation. The Council to be a party to the assignation document.

1. An application to assign the lease to the proposed assignee signed by a director or secretary of the current tenant or by a solicitor acting on behalf of the current tenant.

2. The name and address of the proposed assignee together with a name, email address and 'phone number for a contact for the proposed assignee and additional information depending on the legal status of the proposed assignee. Please see answers to the questions below.

3. A business plan in respect of the proposed assignee’s use of the subjects, including financial projections for a minimum of the first three years. This is a link to an example and guidance to what is required,

4. A copy of the draft assignation. The Council to be a party to the assignation document.

1. An application to assign the lease to the proposed assignee signed by a trustee of the current tenant or by a solicitor acting on behalf of the current tenant.

2. The name and address of the proposed assignee together with a name, email address and 'phone number for a contact for the proposed assignee and additional information depending on the legal status of the proposed assignee. Please see answers to the questions below.

3. A business plan in respect of the proposed assignee’s use of the subjects, including financial projections for a minimum of the first three years. This is a link to an example and guidance to what is required,

4. A copy of the draft assignation. The Council to be a party to the assignation document.

The name of the company, company number and country of registration will be required.

A copy of the proposed assignee’s constitution and the minute of the meeting that adopted it both signed and dated by the organisation’s secretary will be required. If the minute of the meeting is not available, then a letter signed and dated by the organisation’s secretary confirming that the constitution submitted is the current constitution will be acceptable.

The charity name and charity number will be required.

Please check with the proposed assignee that the permitted use in the lease meets their requirements.

In the case of community groups and sports clubs (other than professional clubs), no charge will be made by the Council other than the cost of recording the assignation in the Books of Council and Session which currently costs £44 (subject to change at any time as the cost is charged by Registers of Scotland). You will be responsible for your own legal fees and expenses.

The assignor is responsible for instructing a solicitor to draft an assignation, the terms of which should be agreed with the proposed assignee, subject to the Council’s consent as landlord. Please click this link to an example from the Property Standardisation Group, The Council to be party to the assignation.

On receipt of a completed application, including a draft assignation and business plan and payment of the Council’s cost of recording the assignation in Books of Council and Session (which will be refunded if approval is not granted), approval may be granted within one month of the terms of the draft assignation being agreed and authority for the Council’s consent being obtained.