In practical terms anybody wishing to enforce any form of agreement, licence, lease or contract has to use the relevant act of Parliament, not case law.Stan A. Einstein wrote: August 4th, 2022, 5:44 pmIf you really want to know what a lease is can I suggest you read the case of Street v Mountford.UKHL4.Bangitintrnet wrote: August 4th, 2022, 5:26 pmThe question is what is a lease?Amberexile wrote: August 4th, 2022, 1:58 pmThe EFL rules have not changed but there does seem to be some confusion over what they actually are.Taunton Iron Cider wrote: August 4th, 2022, 7:09 am
Mr Buttress has shown himself to be a brilliant and extremely successful businessman, and it will be in his DNA to continue adding to his wealth. The change in the EFL rules no longer requiring a 10 year tenure at RP has, I fear, allowed the County Board to relax their focus, to the point where we now operate on a season to season basis. This weakness in our position is ripe for exploitation, particularly if the Dragons were to follow the normal route of continuous loss making concerns and fold.
The 10 year rule applies to new clubs entering the league - " security of tenure of not less than 10 full Seasons following promotion"
Once you are in the league, the only requirement is - "The Club must have a security of tenure lasting beyond the end of the current season"
We had a 10 years agreement when we entered the league so met that criteria for the one time it has been relevant.
The agreement in place at that time runs just beyond the end of this season so if nothing has changed in the interim, it still meets the requirement for now but we would need to sort something out for next season because - "the League will request at the beginning of each season that each applicable club provide evidence (by way of a copy of a ground share agreement and lease) that they comply with these Regulations."
We know that it can't refer to a lease in the defined scense of the landlord and tenant act.
In the meeting that we had when we moved into Rodney Parade, we were informed that the basis of our occupation was use of facilities. For instance if a match was to have a likely attendance of 500 then only the Bisley stand would be open and suitable facilities required for that attendance.
If more were forecast to attend then more sections and more facilities, steward's, etc etc on a set scale. I would describe this as a facility agreement, but it could be classified as a lease in the sense that it provides for calculating the total sum required for hosting each match. I. E. an agreement is in place which details the costs at the start of the season.
I have even given you the citation.