02 January 2024

Commercial premises dispute for a multi-academy trust

Hannah Loft Senior Associate
Aerial view of school grounds

The scenario

A multi-academy trust (MAT) comprising of five academies and a college, providing education for pupils aged 3-18:

  • Had a potential dispute relating to one of its commercial premises that it leases for its alternative provision.

  • Had received an indication from the local authority that it intended to compulsory purchase the premises as part of wider plans for town centre regeneration.

  • The MAT had only recently agreed the lease, started occupying the premises and had incurred significant costs for fit out works. The local authority failed to disclose its intentions to compulsory purchase during pre-lease negotiations.

How we dealt with the scenario for the MAT

  • Advised on the procedure that the local authority would adopt regarding compulsory purchases, including service of notices
  • Considered whether any formal notices had been served to date
  • As no formal notice had been served, advised MAT to seek to negotiate relocation package with the local authority
  • Advised as to the MAT’s entitlement to compensation
  • Advised upon strategy in terms of relocation and compensation
  • Advised required specialist expert advice from a CPO surveyor to quantify compensation, to assist in negotiations
  • Sourced and made contact with a number of surveyors
  • Recommended appointment of surveyor and likely cost

What to watch

  • Whether or not a notice has been served by the local authority

  • Act promptly and adhere to deadlines

  • Ensure a suitably qualified surveyor is appointed

Hannah Loft, Wilkin Chapman LLP
Need help?

Contact Hannah to discuss this further.

Back to top