Purpose

To seek approval for the Mayor and Burgesses of the London Borough of Brent (“The Council”) to enter into a Deed of Surrender of Part and Deed of Variation relating to the building lease for the property at 1-8 Neville House, 1-64 Winterleys, 113-128 Carlton House and Carlton Hall, between the Council, Countryside Properties (UK) Limited and Countryside Partnerships Limited, relating to the affordable housing land within NWCC East, following achievement of Practical Completion.

Decision

That the Corporate Director Neighbourhoods and Regeneration, in consultation with the Cabinet Member for Regeneration and Planning:

i)               Approves the Council entering into a Deed of Surrender of Part and Deed of Variation relating to the lease dated 20 December 2023 following Practical Completion of NWCC East.

ii)              Authorises Legal Services to finalise and complete all associated legal documentation and registration requirements.

Reasons for the decision

NWCC East achieved Practical Completion on 28 August 2026. In accordance with the lease provisions, the Tenant is required to surrender its leasehold interest in those parts of the premises where Practical Completion has been achieved and enter into an Affordable Surrender with the Council. The proposed Deed of Surrender will transfer the completed affordable housing land back into the Council’s direct ownership and management, in accordance with the contractual arrangements established under the lease and development agreement.

This decision facilitates implementation of contractual provisions agreed under the NWCC building lease following Practical Completion, returns completed affordable housing land to the Council in accordance with the agreed development structure, enables the Council to take direct ownership and management responsibility for the completed affordable homes and associated estate areas, and provides certainty of title and reflects the completed development position following Practical Completion.

Alternative options considered

The building lease expressly provides for the surrender of completed affordable housing land following Practical Completion. Clause 22.1 of the lease requires that on each Affordable Surrender Date the Tenant shall surrender its interest in the relevant part of the lease and the parties shall enter into an Affordable Surrender. NWCC East achieved Practical Completion on 28 August 2026 and the parties are therefore required to complete the Affordable Surrender in accordance with the lease obligations.