Content

Exemption from publication: There are
confidential appendices to this report, which are exempt by virtue
of paragraph 3 of Schedule 12A of Part 1 of Schedule 12a of the
Local Government Act 1972 because they contain information relating
to the financial or business affairs of any particular person
(including the authority holding that information).

To issue a Deed of Surrender to formally record the Break Notice
served by the Tenant.

Reasons for the decision

The existing lease expires in July 2026
however the tenant has served notice on the Council to vacate at
the end of July 2025. Issuing a Deed of Surrender is required to
formalise the lease end date, agree terms for any dilapidations and
contents to be gifted to the school who plan to set up a new
pre-school in the same building from September 2025 thereby
supporting delivery of the Council’s services and meeting the
Council’s obligations under Section 123 of the Local
Government Act 1972.

Alternative options considered

Reject the break notice which might result in
the tenant abandoning the property or re-serving the break notice,
in both cases resulting in the property becoming vacant at a less
favourable time of year and/or additional costs being incurred. If
the tenant does abandon the property there is a likelihood that the
pre-school would be closed for an extended period and therefore the
children could move to other pre-schools, potentially jeopardising
the viability when it does reopen.