Only just found out about this. Just to answer a couple of points i found this on a solicitors website
In this article, Luke Crocker from our Commercial Property Team takes a look at the difference between a Lease and a Licence.
www.bradleyhaynessolicitors.co.uk
What is a Lease?
A lease is a contractual arrangement where a tenant agrees to pay rent to a landlord for exclusive occupation of a property for a fixed term.
A key feature of leases is that tenants benefit from the right to possession of the property, to the exclusion of all others including the landlord during the fixed term. This is the major difference to licences where tenants do not receive ‘exclusive possession’ and landlords may enter the property on reasonable notice.
Leases also create a legal interest in the property which means any sale of the property, during the term is subject to the tenant’s lease. Leases are not revocable (limited exceptions) but can be transferred by the landlord or tenant to another party.
What is a Licence?
A licence is where the landlord grants a tenant permission to use the property or land for a specific purpose. A licence may be for a fixed term or ongoing.
Unlike a lease, a licence does not grant the tenant ‘exclusive possession’ of the property. A licence is merely a right to occupy. Leases provide the tenant with more flexibility in terms of their enjoyment of land and any alterations which they may wish to make. Furthermore, licences do not create a legal interest in the land and cannot be assigned to another party.
However, for some landlords and tenants a licences characteristics are beneficial. Licences provide a high degree of flexibility and simplicity. Most licences give both the landlord and tenant the right to terminate the agreement at short notice and have less onerous conditions.
Questions
did SISU see an opportunity to twist an arm?
did the club need the existing licence to be able to claim the pitch money back - currently an unsecured creditor and won't get a penny?
Has Frasers group transferred the head lease to another company - a licence apparently cannot be transferred?
Are Frasers Group setting the scene for future engagement with the clubs owners - ie dont mess with us?
Is this a move to acquire the club by distressing it?
is it simply hard nosed business and the cost of the licence goes up May 2023 and SISU now on notice thats the case?
I am frankly gobsmacked by the amount of crap that has been thrown our way this season. one thing after another over and over. No other team has had to deal with the troubles we have had for years and still no end to it