Leasing a wood may be a better option than buying one if your community group is small, has limited funds, or is only interested in a wood for a limited time. Even if your involvement in the site is modest and informal – and no cash payments are involved – it still helps to agree a formal lease.
Credit: WTML
A lease is a contract agreed and signed by the landowner and tenant to protect the rights and set out the obligations of both. It specifies both parties’ names, the beginning and length of the term, a description of the site, and any agreed costs or rents.
Once you’ve agreed outline lease terms, instruct a solicitor to advise on them and any relevant laws, as well as checking the status of the landowner.
To enter into any contract, including a lease, your group needs its own legal identity. This means taking on some form of incorporation, with an approval process and authorised signatories. These are the people who can put their name to the documents.
There are general types of lease that cover the letting of land where landlord and tenant agree and include whatever terms they wish. But be aware that if a lease ignores a particular topic, it doesn’t mean that the landowner or tenant (or both) isn’t burdened with some obligations by law.
It’s usual first to negotiate (and write down) your lease requirements, also known as the ‘heads of terms’. The community group and landowner should discuss these first so they can form the basis for a formal agreement later.
It’s important to mark these preliminary documents ‘subject to contract and without prejudice’, so they are not legally binding. Advice and templates for heads of terms and standard leases are available from the Community Land Advisory Service.
If the land belongs to the county council an informal agreement may be all you need. They may welcome involvement in woods on local nature reserves or around their schools, council offices and estates.
