The standard school rental contract is sufficient for most standard use of classrooms by third parties (for example. B a Pilates class for an hour after school on a Wednesday). Such a lease agreement should create a license – it is a contractual right of use, but no more. However, a license is not possible in all situations. If a third party owns “exclusive ownership” of part of the school grounds (for example. B, a private nursery located on part of the school grounds), the agreement between the school and the third party will almost certainly be a lease. This will also be the case where the document between the parties purports to issue a licence, because it is the effect of a document and not, as it is called, that determines whether it grants a lease agreement or a licence. It is also possible to grant a rental contract, even if the governing body does not own the corresponding part of the school precinct. (i) the use of the premises mentioned at that time must be under the control of the governing body and, although the agreement has been called a “delegation agreement”, it has been – somewhat unusual – for a period of just over ten years and could not be terminated until after the services of the one-year written communication (which was granted). 4.
The fifth paragraph applies where a delegation agreement expressly provides that the use of school premises subject to the agreement is sometimes carried out under the control of the governing body and the supervisory body in these circumstances, at such times or for the purposes provided for by the agreement. There is no mandatory form for a TOCA and, as such, they can be very flexible. However, whatever their form, they all provide for the school to take over all or part of the premises submitted to the TOCA for the use of the school, provided that the governing body has communicated to the other party an appropriate notification. This provision sometimes leads others to be wary of OCDs. even if their use would be under the control of the supervisory body at these times, with the exception of this paragraph. If a well-maintained school is converted into an academy status with a TOCA, it must therefore enter into a new agreement with the third party. The risk of not doing so, or an Academy Trust that claims to grant a TOCA, is that a lease is granted accidentally with all the security that prevents the Academy Trust from terminating the agreement and restoring ownership of that part of the school.