By special resolution the members of the 2024 Conference helpfully decided that memoranda of consent will no longer be executed on disposals of Methodist property in England and Wales. A memorandum of consent was previously executed on behalf of the Methodist Council under Model Trust 26 and provided to the buyer or tenant when a property was sold, let or otherwise disposed of. It was agreed that a memorandum of consent no longer served any useful purpose and was time consuming and burdensome. Therefore, by discontinuing with this process time can be saved at the critical final stage of a disposal. The change has come into force immediately. 

Please note that memorandum of consent will continue to be executed on disposals in Scotland, the Channel Islands and the Isle of Man.  

How does this affect me? 

In practical terms, if you are involved in a sale, non-residential lease, easement or legal charge (i.e. a disposal) that is close to completion, your solicitors and TMCP will work together to ensure that manuscript amendments can be made to the documentation to avoid any delays. Your solicitors will explain to the buyer/tenant etc. that the memorandum of consent is no longer needed. 

If your sale, lease etc. is at an earlier stage, then TMCP and your solicitors will agree amendments to the documents (to remove the clause referring to a memorandum) and you will be provided with updated documents to sign. 

In all cases, your transaction and timings for completion should be unaffected. There may even be a slight time saving due to there being no need for a memorandum to be signed. 

Updates to TMCP’s guidance 

TMCP has updated all of its guidance and template clauses on the TMCP website to reflect this change. Changes have been made to the guidance and template clauses relating to sales and leases (non-residential). We have also updated the non-website guidance which we provide to Managing Trustees involved in easements and legal charges. 

Alongside these changes we have also completed further updates to our guidance relating to Designated Adviser’s Reports (DAR) and non-residential leases. 

 

If you have any queries in relation to the guidance in this document please contact TMCP Legal for further assistance.