Transfer Of Control Agreement
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. Therefore, it is important that schools attract the existence of OCD to their lawyers when they convert, and to Academy Trusts, to ensure that academies do not reuse old TOCA agreements after conversion. (b) that, in the exercise of controlling the use of premises contracted on the object, David Nicholls represented the successful governing body of a Kent primary school in its right to reclaim ownership of part of the premises occupied by a kindergarten under an agreement called the Transfer of Control Agreement (or “TOCA”. The defendants objected to the assertion on the basis that they said that the agreement had created a tenancy agreement and not a licence and that he was protected as a business tenant under the 1954 Act. 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.