Reply To: SEA Property and superior tenancy agreeement

Peter Barker

Is the charity incorporated as a company? If not, then I think any lease would have to be in the name of one or more individuals in their capacity as trustees of the charity, but if this tenant is not a trustee that does make it a bit more difficult. I think accommodation provided by trustees of a charity acting as such would satisfy the definition of exempt/specified accommodation as that’s how many of them operate. Note also the definition of “housing association” refers to a company, society or body of trustees.

But you would expect the legal tenant(s) to at least have some documented official capacity within the charity.