This page was last updated on 12th July 2023 following reforms made to the Charities Act 2011 which came into force on 14th June 2023. These relate to the report that charity trustees are required to obtain before certain disposals of charity land and who can provide such a report, now known as a “Designated Adviser Report” or DAR. TMCP is currently updating its guidance and resources.
Whilst full guidance is provided in the Non-Residential Lease (Landlord) Guidance for Managing Trustees, this checklist summarises the charity law and Methodist law, policy and best practice requirements that must be met before a non-residential lease can be entered into. TMCP will confirm to your solicitors once these requirements have been satisfied.
In this Checklist:
“the Designated Adviser Report” or “DAR” means a report prepared by a designated adviser in compliance with the 2023 Regulations.
“the 2023 Regulations” means the Charities (Dispositions of Land: Designated Advisers and Reports) Regulations 2023.
“the 2011 Act” means the Charities Act 2011 (as amended by the Charities Act 2022).
The lease can only complete once TMCP has confirmed that all the charity law and Methodist law and policy requirements have been met and a signed Memorandum of Consent is in place.
Please note that this document is to provide guidance and assistance to Managing Trustees and their professional advisers. This guidance note is general in nature, may not reflect all recent legal developments and may not apply to the specific facts and circumstances of any particular matter.
Also note that nothing within the documents and guidance notes provided by TMCP nor any receipt or use of such information, should be construed or relied on as advertising or soliciting to provide any legal services. Nor does it create any solicitor-client relationship or provide any legal representation, advice or opinion whatsoever on behalf of TMCP or its employees.
Accordingly, neither TMCP nor its employees accept any responsibility for use of this document or action taken as a result of information provided in it.
Please remember that Managing Trustees need to take advice that is specific to the situation at hand. This document is not legal advice and is no substitute for such advice from Managing Trustees’ own legal advisers.
v2.0 12th July 2023