Beach hut transfer process
There are three documents required by the council to complete an assignment of a beach hut site tenancy:
- Assign a beach hut tenancy to someone else - this asks the council for permission to assign (transfer) the tenancy to the new tenant(s).
- Licence to assign the beach hut site tenancy - this gives permission to assign the tenancy and gives two months to complete the assignment.
- Notification of an assignment - this tells the council that the assignment has been completed and that there is now a new tenant of the beach hut site.
There are two payments required:
- Assignment administration fee - payable by the outgoing tenant(s) and
- tenancy administration fee - payable by the new tenant(s).
We strongly recommend that both parties seek their own independent legal advice prior to undertaking any assignment.
1. When the current tenant(s) wishes to assign their beach hut site tenancy to a proposed new tenant(s), they should complete the ‘Assign a beach hut tenancy to someone else’ form. The current tenant’s details must match the information held on record by Foreshore services.
If the tenancy is held in joint names, details of both names should be entered on the form.
The proposed new tenant(s) will then complete the ‘Confirm your details to take over a beach hut tenancy’ form. There is a maximum of 4 tenants per tenancy and all new tenants details are required.
2. The completed form will be checked to confirm whether either the outgoing tenant(s) or the proposed new tenant(s) have any outstanding debts with the council and whether the new tenant(s) complies with the conditions of clause 9 of the tenancy agreement.
If the hut has an adaptation for improved disability access, it is only allowed to remain until such time as the agreement expires, e.g. change of ownership, or the need for the adaptation is no longer required, then the beach hut should be returned to one of the council’s specified designs.
The alteration for improved disability access can only be retained by the new owner, if they can provide evidence of the need for such an alteration. The relevant checks will be made to ensure the above has taken place before the assignment can be approved.
3. If the assignment is approved, the council will send the current tenant(s) an invoice for the assignment administration fee of £130.50 (if applicable) plus any outstanding debt relating to the tenancy. This includes things such as:
- outstanding site fee - the full site for the year will need to be cleared
- adaptation charges - adaptation charges are charged in arrears, so you will receive an invoice for the current year's usage
The council cannot issue pro-rata invoices, so these payments will need to be made before any transfer takes place.
If the council does not approve the assignment, the council will inform both the current tenant(s) and the proposed new tenant(s). Any reason for refusal will be given to the current tenant(s) where it is possible to do so in accordance with data protection legislation.
4. When the assignment administration fee (if applicable) and any outstanding debt has been received, the council will send the current tenant(s) two copies of the ‘Licence to Assign’. Both copies must be signed by both the current tenant(s) and the proposed new tenant(s) and returned to the council. The council will then countersign and date both copies of ‘Licence to Assign’ and return one to the vendor together with the ‘Notice of Assignment’.
5. The parties then have two months within which to complete the assignment. We would remind you of the importance of entering into a deed of assignment or transfer deed in order to effect the transfer of the tenancy to the proposed new tenant(s). We strongly recommend that both parties seek their own independent legal advice prior to doing so.
6. The countersigned and dated ‘Licence to Assign’ and ‘Notice of Assignment’ should then be passed to the purchaser by the vendor with a copy of the Beach Hut Tenancy. The assignment will need to be completed in accordance with clause 2.2 of the licence to assign the beach hut tenancy within two months of the date of the licence to assign the beach hut site tenancy.
7. The new tenant(s) must then sign and return the ‘Notice of Assignment’ to the council within one month of completion of the assignment, to confirm that the assignment of the tenancy has taken place.
8. The council will then countersign the ‘Notice of Assignment’ and return to the new tenant(s), together with an invoice for the £56 tenancy administration fee and at the same time, provide a new Tenancy in the new tenant(s) name.