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Owning bodies
Ownership is a legal minefield with numerous quirks and subtleties. The following information is intended to provide a general awareness and overview only. Specific information and guidance should be sought from the owning body:
- Community schools – interest in the land and buildings is held by the City Council through the Education Committee. Exceptions may, for instance, be school cottages purchased by school
- Foundation Schools – ex GM interest held by Governors
- Voluntary schools – interest held by the school trustees (for RC & CE this is Diocesan
Trustees)
For all of schools there are certain legal procedures to be followed when disposing of or acquiring land.
Community Use
Schools will often seek to use their premises for other purposes e.g. playgroups or scout groups. School property should not be let out for trading purposes as this is forbidden by law.
When using for legitimate other purposes by the school, this will normally either be through Lease, Tenancy or Licence.
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rights of exclusive possession for specified term |
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as lease but not time limited but can be cancelled by either party giving notice as specified
in agreement |
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gives permission to use premises but not exclusively. Is either for a set period or determined by notice (could be 1 month) |
There is considerable legislation including the Landlord & Tenants Act. Great care and caution is required when considering agreements regarding letting accommodation.
There are also other property issues such as wayleaves and easements which apply to some sites.
IT IS IMPORTANT THAT, IF YOU ARE CONSIDERING THE USE OF PREMISES AS AN INCOME GENERATOR OR FOR COMMUNITY USE, YOU MUST GET ADVICE FROM THE
ASSET MANAGEMENT TEAM.
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