What security of tenure is required for promotion?

As part of the Step 6 promotion application process, Clubs are required to have security of tenure at a ground that provides security until at least the end of the following playing season. This is in conjunction with the Standardised Rules (Rule 2.3.2):


The Club as at 31 March in any year shall either:


(i)     Own the freehold of the Ground, or

(ii)    Have a lease for the Ground that extends uninterrupted for a minimum of the next Playing Season, or

(iii)  Possess an agreement for the use of the Ground that is acceptable to The Football Association following         consultation with the relevant Competition.


In each case the Club must provide to the Competition of which it is a member and to The Football Association:


If the Ground is freehold either currently dated Official Copies of the freehold title at the Land Registry in the name of the entity in membership of the Competition or, if unregistered, a Certificate of Title from the Club’s solicitor showing that the Ground is owned by the entity in membership of the Competition, or


If the Ground is held leasehold a copy of the signed and dated lease in the name of the entity in membership of the Competition; if the expiry date of the lease has already passed or is dated before the end of the next full Playing Season, a certificate from the Club’s solicitor as to whether or not a notice has been given by the landlord to terminate the lease. In addition the Club must provide evidence of registration at the Land Registry, or explain why the Lease is not registered.


If the Ground is subject to an acceptable agreement a copy of the signed and dated agreement for the use of the Ground together with confirmation from The Football Association, following consultation with the relevant Competition, that the agreement is acceptable.


The Club must disclose whether the Club’s occupation of the Ground is subject to any third party option, whether the ground is charged by way of security and whether or not any break clauses in the lease or agreement have been exercised either by the landlord or the tenant.


In all cases The Football Association and the Competition of which it is a member have the right to call for further information.


Further more, if a Club is making a funding application to the Premier League Stadium Fund (PLSF) (formerly the Football Stadia Improvement Fund), it will need to ensure that it meets any security of tenure requirements as set by the PLSF from time to time.

 

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