If a website company develops bespoke software for a company and the terms and conditions state that the copyright is granted on full payment (which has been made), can they then say we don't own the software? We have been told that we now have to pay an annual service charge in order to use the software we commissioned them to design for us. They have said we can't 'transfer' the hosting to another company.

We are based in a church hall, we have sole use. The church also lets to a weekly railway club. We have been here since April 2005, there is no lease. What us our status, given we pay rent, have been here 3 years and have major use of the building?

An incorporated Charity is building a community centre on land leased from the land owners. The centre will incorporate a space that will be sublet to another group with a formal lease drawn up by the solicitor.

Another area will be shared by a pre school group and two other organisations. The pre school and these organisations do not want to enter into a lease preferring to have a licence agreement instead.

The solicitor hired by the charity is saying that a lease must be created in these circumstances. The solicitor is concerned that with a licence alone, the ongoing use might create a secure and protected tenancy under the Landlord and Tenant Act 1954.

The head lease does require there to be a lease. Should the charity insist that the pre school and other users sign a lease as suggested by the solicitor?

Hello Charlie

My question at this stage is that we have been sent a licence agreement by one of our charitable pre-school groups and I was wondering if you are able to comment on it if we sent it through to you or is there another resource we may access for them as they are unable financially to afford a solicitor to look at this for them. I wanted to check this out with you first before assuming that you are able to do this for them.

Hello Charlie

One of the pre-schools that we are supporting has just been told that the building they operate from (a church hall) has been sold. The buyer is a parent of children who attend the pre-school and is keen that the pre-school continues in the building in the future. The question is now whether they have a lease or licence agreement. A lease would be more secure for them but they are not the only users (one other group use it every night).

Could they have a lease with the new owners and sub-let to the other user? If they can do this, what is the normal term for this type of lease? Are maintenance, utilities etc subject to negotiation and how will they determine a realistic rent? They currently pay £200 per week for 38 weeks per year. I am assuming that if they can sub-let they can use the model licence agreement that you have already provided for us in the past?

We have been contacted by one of the voluntary groups we support who rent a church hall (and have done for 4.5 years) to run their pre-school group from. They pay rent to the church of £200 per week for the 10 session that they run there. They have now found out from the local press and estate agent that the hall is up for sale but their contact (the minister) has not said this to the group.

They have never been there been able to get anything in writing from the minister to confirm their agreement and no licence has ever been agreed and signed. They are now extremely worried that they will be thrown out at a moments notice (they also worry that he may change the locks whilst they are on holiday next week) and the group will be left with no premises in which to operate.

My questions are: What rights do they have, if any, and can this person just ask them to leave with no notice? Also I would assume that he would be acting completely outside of the law to take all of their equipment (as he maintains that everything in the hall belongs to him) which has been bought and paid for by this group. They have also paid out £1800 for a new boiler which servcies both the hall and the church buildings.

Can the group apply to the church council for help with this? Where else can they go for help. They feel that the situation is pretty desperate for them. Would appreciate your help with this.

Would you be able to clarify if a tenant renting space in a large building (in this case, a nursery renting two floors of a three storey building) would be liable to pay the building insurance costs in addition to their contents, public and employer liability premiums. We are unable to obtain a licence agreement (and suspect that there isn't one) so have no idea what has been agreed between the landlord and tenant. My question is really - what is the normal procedure? Would the tennant be expected to pay the whole of this premium even though they do not own the building and have no benefit in it as an asset? There are also other people renting space in the building.

A group of volunteers are looking to organise a wine tasting event as a fundraiser for our charity. Those attending would pay a fee or donation to take part in the event, but wine would be provided free. They expect most of the wine to be donated from local buisnessess. What are the licensing issues relating to an event like this? Would it need to be licensed?

Dear Charlie

You recently responded to a question posted regarding changing clause 12 in the document you have previously sent to us ‘Occupational licence for accommodation within Organisation X’s Buildings’. You also said that it would affect clause 22 of the same document and we have reworded it as follows. It is a reworking of bits from both example licences and is much shorter than the original Clause 22, but I think it would work. Basically it says that they will indemnify the community association unless they have failed to do what it says they should in the lease.

22. The Group shall indemnify and save harmless Organisation X and members of its governing body from and against all actions, claims and demands arising out of the Licence hereby granted (save to the extent that such loss or damage arises out of the acts or omissions on the part of the Organisation X).

We would appreciate your comments.

We are referring to a model 'Occupational licence for accommodation within Organisation X's Buildings' that we have received previously from you. We would like to change clause 12 to read:

'12. Organisation X will endeavour to maintain the main structure in a wind and water tight condition and will maintain interior areas to a level which meets the OfSTED legal requirements'

in place of

'12. Organisation X will endeavour to maintain the main structure in a wind and water tight condition, however Organisation X will have no liability in any respect to the Group or any other party by reason of the non-repair or condition or use of the accommodation.'

If acceptable then what impact will this then have on clause 22? Many thanks.