Leases, Licenses & TOCAs
Many schools and academies are pleased to host other organisations, such as pre-school or wrap-around care. Sometimes the kitchens are leased to a catering company. Often local groups such as choirs may use the school hall. As the school (or academy) is not the land-owner, it is likely that the governors/directors do not have power to grant such a lease or licence.
Therefore, permission should always be sought from your Site Trustee if a lease, licence or transfer of control agreement (TOCA) is to be entered into.
The school is held on charitable trusts and the Trustees are subject to Charity Law, which is strict and complex concerning land. What appears to be a simple arrangement is likely to involve consulting both a land agent (to advise on the appropriate level of charge) and solicitor (to draw up the agreement). The process can seem lengthy and frustrating, but it can also identify some important points for consideration.