Landmark Chambers


Kent school seeks to enforce a Transfer of Control Agreement

DATE: 26 Sep 2017

Today, David Nicholls gave his closing speech in a trial concerning the meaning and effect of a Transfer of Control Agreement that had been granted by the Governing Body of a school in Kent under Schedule 13 of the School Standards and Framework Act 1998.  The Governing Body is seeking an order for possession of the part of the school premises that is subject to the TOCA.  The Defendants are contending that the TOCA created a lease and that they have statutory protection under the 1954 Act.  In addition to raising a classic lease-licence argument along the lines of Street v Mountford, the case is also likely to be the first court decision on the nature of a Transfer of Control Agreement and judgment is eagerly awaited.