Decision

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.