Schools and learning
Learning for all ages on hertsdirect.org
Q - Hiring Accommodation - HPS Property Matters
Introduction
This section provides advice and guidance to help you hire your premises, equipment and associated services effectively. The hiring procedures have been designed to meet the legal requirements placed on the county council and, therefore, you are strongly recommended to follow them.
The law states that:
Governors control the use of school premises outside school hours. They can, therefore, let the premises outside school hours, but must comply with any directions given by the county council.
The county council controls the use of Community school premises during school hours, but of course the management on a day to day basis is the responsibility of the Headteacher. Voluntary Aided and Foundation Schools have alternative arrangements and should be contacted directly. If a school finds that it has surplus accommodation during school hours it may, on behalf of the county council enter into temporary hirings on the same terms and conditions as for hiring outside school hours.
Governors cannot, under any circumstances grant a legal interest in any part of the school premises, ie they cannot enter into a lease or tenancy agreement.
Dual use agreements (eg for shared sports use with the local council) are outside the scope of this document. Schools should direct any queries on this subject to Gill Donovan, Herts Property at County Hall, Hertford, (01992) 555887.
Under the Local Management of Schools the onus rests on the School Governing Body and the Headteacher to determine the final letting price. However, whist the county council does not wish to constrain the powers and responsibilities of Governing Bodies, there are certain out of school hours activities which the council encourages or for which it has to make provision, and these fall into the category of Free Lettings.
Governors are required by the council to make their premises (ie site and buildings) available for:
- planning for and acting in civil emergencies
- public consultations
- in-service training
- governor training
DEFINITIONS
Hiring
[''Hire: To enter into a contract for the temporary use of another's goods, or the temporary provision of his services or labour, in return for payment''.] A hiring agreement is a formal permission between two parties and typically allows the use of part of the school premises or site on a part time basis. The hirer may or may not be given a set of keys to the premises and so may either be let into the premises under supervision or collect and return a set of keys to enable them to proceed. The hiring period might typically last for a few hours and be a regular occurrence. Schools are entitled to enter into these using their own sets of terms and conditions. These agreements might be on a daily, weekly or periodical basis. In all circumstances the school must be able to access the premises under the hiring agreement to exercise control over them and the hirer.
Lease
[''A contract under which the owner of property (landlord) grants another person (the tenant) exclusive possession of the property for an agreed period usually in return for rent''.] A lease is a contract between two parties that gives use of premises to one party and to the exclusion of all others. For Community Schools, only the County Council can authorise the grant of a lease and the County Secretary would create the documents on behalf of the County Council. By definition, therefore, premises that are to be leased will no longer be part of School premises.
So: Leases of land exclude land from a school site for the period of the lease. Leases of buildings reduce the school buildings capacity. Such loss of land or accommodation may also create difficulties if the school needs to expand its pupil numbers in the future or satisfy minimum DCSF space standards, especially if there is no early termination provision.
Voluntary Aided Schools please click here
Link back to Home Page
Document chapters :
- « previous
- next »