Trustee as Tenants

Existing Tenancies

This applies where a tenancy has been entered into prior to a tenant becoming a trustee:

  1. Unipol will maintain its legal obligations as a landlord to the tenant
  2. At no time should a trustee discuss any aspect of their tenancy on the Board nor should they take part in any discussion which may decide upon any rent level that they are liable to pay.
  3. Any breach of the tenancy will be raised with the trustee by the Company Secretary to be rectified within 5 working days. If this is not done, then the Company Secretary will inform the Chair of the Board after that time.
  4. The Chair will write to the trustee insisting that the tenancy conditions are upheld within a further 5 days. If, after that time the matter is not resolved to the satisfaction of the Chair then the trustee will be suspended, pending an investigation, to be established by the Chair to consist of:
  • the Chair
  • the Deputy Chair
  • the Officer without Portfolio
  • a representative from the nominating institution (if a nominated trustee)

excepting that, if the investigation is in respect of any Officer they will play no part in any investigation.

  1. The investigating panel will make a recommendation to both the Board and (in the event of a nominated trustee the nominating body) within 30 days of the matter being referred to them. If the matter is a serious breach of tenancy, including significant debt, then the recommendation is likely to be that the trustee either resigns or is removed from the Board.
  2. In the event of a recommendation from the Chair that a nominating body removes a trustee, the trustee will remain suspended until a decision is made by that nominating body, but no longer.

New Tenancies

This applies where a tenancy is being entered into when the potential tenant is already a trustee (to include the renewal of any tenancy):

  1. At no time should a trustee discuss any aspect of their tenancy on the Board nor should they take part in any discussion which may decide upon any rent level that they are liable to pay.
  2. At the time they enter their tenancy they will sign to confirm:

a) that they will meet all rent obligations promptly as laid down in the tenancy.

b) that they will abide by all the terms of the tenancy.

c) that in the event that the terms of the tenancy are breached (for whatever reason) then they will, at the written request of the Chair, agree to resign within 5 working days of being requested to do.

d) that in the event that this does not take place then the matter will be reported to the Board and the trustee removed or, in the event of a nominated trustee the nominating body will be request to remove the trustee.

e) in the event of a recommendation from the Chair that a nominating body removes a trustee, the trustee will remain suspended until a decision is made by that nominating body, but no longer.

  1. In the event that the terms of the tenancy are not being upheld the Company Secretary will inform the Chair of their concerns, the Chair will interview the trustee and have the absolute decision as to whether the terms have been broken and will then take action as above. If the tenant is the Chair then this matter will be dealt with the Deputy Chair.
  2. The Chair will report the decision taken to the Board at the first available opportunity.