Sea Scouts' Legal Battle with Wandsworth Council is Over
Fund raising project launched to upgrade and refurbish the riverside hut
After almost 26 months of legal wrangling, officials at Wandsworth Council have finally agreed to issue a new lease to the Sea Scouts.
This allows the Scouts to continue to occupy the land, on the tow path near to Beverley Brook Bridge, on which stands their own Scout hut.
David King (left) &
Chris Hayes, Scouter in Charge
This brings to an end negotiations for control of the site which began with a Section 25 Notice, received by the Sea Scouts from the council in January 2015, terminating the Sea Scouts’ lease on 17th July 2015. This was effectively an eviction notice as it seems that the council required the site for their ‘own use’ as claimed in Clause G of Section 30(1) of the Landlord and Tenant Act 1954.
Their ‘own use’ was the statutory provision of services to adults with learning difficulties. In fact, for a period of 4 years up to August 2014, the Sea Scouts had shared their Scout Hut with The Better Days Project but after what became an extended trial period this arrangement, regrettably, had to be terminated by the Sea Scouts because they were of the opinion that the premises were not robust enough to be used five days or more per week by both parties. It is after all a scout hut.
After the Section 25 Notice was received a meeting took place between Sea Scout representatives and council representatives with Justine Greening MP also in attendance. It was agreed at that meeting, by Tunde Ogbe, Head of Valuation and Asset Management Services, that the council would grant a 21 year lease to the Sea Scouts but only on condition that they in turn grant a Licence to the council for the adult learning disability group to return to the scout hut.
5th Putney Sea Scouts were able to secure the services of a top law firm and with their considerable and invaluable help and advice terms were agreed to the Sea Scouts’ satisfaction and a new lease was agreed for a period of 21 years with rent increased only by CPI since the lapsed lease expired in 1999. Incidentally the lease was not renewed at expiry because the council could not then justify the cost of renewing the lease which was thereafter ‘held over’.
The wording of the Licence to the council was also agreed to the satisfaction of the Sea Scouts but at the last minute council representatives decide that the premises were not, after all, suitable. Lawyers for the Sea Scouts therefore asked for the lease arrangement to continue but with all references to the Licence removed. Instead, a letter was sent to David King, the Group Treasurer, by Peter Tiernan, Principal Valuer at Wandsworth Borough Council, setting out revised and less favourable terms; and bypassing the Sea Scouts’ lawyers and their own legal advisers. Fortunately, the Sea Scouts’ lawyers once again provided their invaluable assistance and the previously agreed terms were restored. However, in a further new twist Mr. Tiernan then insisted that the length of the new lease would now be reduced to 15 years and not the 21 years as promised.
We actually have an email from Jim Maddan which states ‘Wandsworth Council are prepared to grant the 5th Putney Sea Scouts a twenty one year lease’; but even a last minute plea to him seems to have fallen on deaf ears. He is elected councillor for Thamesfield Ward and Cabinet Member for Adult Care Services & Health.
“This Scout Group is a registered charity providing much needed activities for young people in Wandsworth, staffed by unpaid volunteers and receives no financial or other support from the council whatsoever. The council should be working with us but instead have wasted council tax payers’ money on what has proved to be quite unnecessary legal costs on a failed takeover bid. Some of those mentioned clearly have questions to answer and should perhaps remember that they are public servants and not the masters.”
The Sea Scouts were told at the outset that they would do well to just negotiate the best terms possible but with proper legal advice the Sea Scouts took on Wandsworth Borough Council and have come away with a satisfactory outcome. 5th Putney Sea Scouts now have their future assured for the coming 15 years and wish to give thanks to their lawyers and all of you who have supported them over the past two years.
For those of you who might find yourselves in negotiations with Wandsworth Borough Council Property Department in the future, 5th Putney Sea Scouts have this advice for you:
‘Be Prepared’.
 Now that the 5th Putney Sea Scouts have secured their future at the site they need to work on repairs to the hut itself from damage to the roof etc; and the plumbing needs attention. Please help to support this worthy cause in order that they can continue to support our local community.They aim to raise at least £500 towards the cost of repairs plus any help from local tradesmen regarding the building and grounds would be gratefully appreciated – albeit; free advice, materials or labour! To donate money please visit the justgiving website and make your donation: www.justgiving.com/crowdfunding/5thPutneyScouts To donate your time, labour etc. please email Dave King. dave.king@talktalk.net |
David J King, Hon Treasurer and Chris Hayes, Scouter in Charge
5th Putney Sea Scout Group
Images: Aiden Anderson
March 9, 2017