Q&As

Do you have a precedent lease where the tenant has to vest the land with the Official Custodian for Charities?

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Published on LexisPSL on 02/08/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Do you have a precedent lease where the tenant has to vest the land with the Official Custodian for Charities?

Do you have a precedent lease where the tenant has to vest the land with the Official Custodian for Charities?

Title to a charity’s land can be vested in the Official Custodian by an order from the Charity Commission or the court. Ordinarily, orders are obtained from the Charity Commission, which has produced an online guidance note and application form. See: The Official Custodian for Charities’ ‘and holding’ service and Transfer charity land or property to the Official Custodian.

You will note that the guidance provides at paragraphs 4 and 5:

‘4. Before land can be vested in the Official Custodian

The title to the land must already be held by the charity before it can be vested in the Official Custodian. Even where the two actions of acquiring land and subsequent vesting of that land in the Official Custodian are being taken as part of a single process,

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