Decision

Assistant Director
Property and Investment has authorised the use of a formal notice
to quit on Little Robins Limited to vacate the former caretakers house and
mobile classrooms at Overchurch Infant School,
in order to secure the premises for the
school’s own use.
 

Reasons for the decision

Little Robins Limited
(“Little Robins”) is currently holding over on an old
lease of the former caretaker’s house and mobile classrooms
at Overchurch Infant School (“the Premises”).
 
Overchurch Infant
School wishes to utilise the premises for their own wrap around
provision and the developmental of educational provision for
children with Special Educational Needs.
 
Little Robins has
stated it will not move unless the Council serves formal notice to
quit.  As it is deemed to have accrued a
protected periodic tenancy its occupation can only be brought to an
end by mutual agreement or by the Council serving a formal notice
pursuant to section 25 of the Landlord & Tenant Act 1954
(“s.25 notice”).
 
Nevertheless, in
anticipation of notice being served, Little Robins has taken steps
to source potential alternative accommodation at the adjacent
Overchurch Junior School which converted to academy status on 1
January 2024 under the control of Leading Learners Multi Academy
Trust (“the Trust”).
In support of this
planned move, funding has been allocated from the Early Years
Expansion Grant and Little Robins will receive wrap around funding
on condition of obtaining necessary planning consents.  The move to the Junior site is also dependent upon
consent of the DfE.  Little Robins will
be responsible for any works this entails and was granted planning
permission for its proposed mobile unit at the Juniors site on 21
November 2025.
 
As Little Robins has
stated that it is unwilling to surrender its tenancy at the Infants
School, the Council needs to serve a s.25 notice in order to secure
the premises required by Overchurch Infants School.
 
A s.25 notice takes a
minimum of 6 months to take effect and can be challenged in court
if the tenant so wishes.
 
Overchurch Infants
School want to take occupation of the Premises as soon as possible
and the earliest this is likely to be by way of s.25 notice is the
end of the summer term 2026. 
 
Officers from Asset
Management and Legal Services will provide appropriate professional
advice and support in respect of the serving of the s.25
notice.
As the Council’s
lease to the Trust does not permit subletting, the parties will
have to enter into a Deed of Variation permitting the underletting
to Little Robins.
 
The Assistant Director
for Education has considered advice in this respect and the
potential TUPE implications.
 
Financial and legal
implications are detailed in exempt Appendix 1.
 

Alternative options considered

To continue to lease
the property to Little Robins Limited. This option is not
recommended as Overchurch Infants School require the buildings to
be able to offer expanded wrap around provision and develop a
nurture base for children with special educational needs.