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Commercial Property - KBL Solicitors

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  • Academy Conversion

Academy Conversion

Academy Conversion
  • > Acquisitions & Disposals
  • > Compulsory Purchase Orders
  • > Energy Performance Certificates (EPC's)
  • > Land Tribunal Work
  • > Landlord & Tenant Matters
  • > Leases
  • > Licensed Trade Premises
  • > Option Agreements
  • > Secured Lending

With a reassuring no-nonsense approach, we provide specialist support for schools seeking Academy Conversion and legal advice post conversion for as long as necessary.

We offer clients from the education sector truly practical advice, based on in-depth knowledge of the law along with a thorough understanding of the particular needs of schools. KBL has a dedicated education team, members of which have the professional experience and expertise to understand the sector’s specialist issues and to provide the precise guidance required by a school.

The practice is committed to protecting the interests of the school, not those of the local authority. Naturally it goes without saying that confidentiality in all matters, at all times, is fundamental to the practice’s ethos. Our specialist team can help and advise schools in many different areas, including:

  • Education commercial agreements
  • Contracts with suppliers and parents, data protection, IT and protecting the school brand
  • Human resources and employment law – drafting and reviewing employment contracts/policies
  • Governance and charity status – advising on the powers and potential conflicts for governors and the implications of the Charities Act 2006
  • Dispute resolution and debt recovery
  • Intellectual property – copyright, trademarks etc.Joint ventures and financing
  • Projects and procurement
  • Property including leases, boundary issues, purchases and estate management

If converting to an Academy, the Governing Body will need advice on a number of areas including:

  • Human resources and employment law – managing the transfer of employees under TUPE
  • Property – the transfer of land and assets
  • Establishing the ‘Academy Trust’ which will be responsible for running the Academy
  • Contracts / agreements – advice on commercial transfer and funding agreements

We take particular pride in guiding schools efficiently and professionally through the long and often tortuous legal road to successful conversion from local authority status to Academy.

Academy Conversion Property Services

We deal with land isses that arise as part of the conversion process. We will identify the school type and land owner.

  • Community school: local authority
  • Voluntary aided/controlled school: local authority, a thirdparty (diocese, charitable trust) or a mixture of both.
  • Foundation school: a third party, the governing body or amixture of both.
  • Trust school: the trust

We will identify whether the land is public or private

If the land has been acquired or enhanced at public expense, it may be public. Land held by a local authority will remain with the authority and a lease will be granted to the academy trust. The DfE has produced a model lease, which should be broadly followed.

Public land may be held by the governing body. Land held by a school’s foundation can also be public if it has been acquired or enhanced at public expense. In these cases, the secretary of state has said that the freehold title should be transferred to the academy trust, which could be by direction of the secretary of state. If the secretary of state does not make a direction, the land may revert to the local authority and a lease will be granted to the academy trust. This is often the case where a voluntary aided school has acquired additional playing field land.

If the land has not been acquired or enhanced at public expense and constitutes private land, the secretary of state has no power to make such a direction, and the academy trust must agree a lease with the foundation (or other party) that owns the land. Usually land held by the local authority, will remain with the authority and a lease will be granted to the academy trust.

We will prepare a report on title

This is sent to the DfE. Issues concerning the land transfer or leases will need to be dealt with at this time.

We will negotiate/agree the transfer/model lease

A model lease is used where local authorities own the school site. But there is no bar on foundations or other third parties adopting the model lease in relation to private land used for the purposes of the proposed academy.

The model lease grants to the academy a 125-year term. This can be ended early if the academy’s funding agreement is terminated, for example. The academy will not pay rent but it will be responsible for repairing the building and for insuring the buildings. The repair obligation is limited, so that the academy is responsible only for: damage it causes to the property; and any deterioration of the property from the date of the lease.

An academy will need to take care in relation to deterioration: it may be difficult in 10 or 20 years to show that disrepair existed at the date of the lease. It may be possible to attach a schedule of condition to the lease or put in place other evidence of the state of repair at the time of the lease.

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Academy Conversion Services

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  • Acquisitions & Disposals
  • Compulsory Purchase Orders
  • Energy Performance Certificates (EPC's)
  • Land Tribunal Work
  • Landlord & Tenant Matters
  • Leases
  • Licensed Trade Premises
  • Option Agreements
  • Secured Lending

What our clients say about us

  • I have instructed KBL in relation to a complex Employment matter. Sarah Collier is highly experienced in Employment Law. The client care provided by Sarah Collier and her assistant Sarah Taylor was exceptional and went over and beyond my expectations in the matter. A pragmatic approach was taken in the matter and I achieved the conclusion I was hoping for. Would definitely recommend KBL Solicitors.

    Ismail Limbada
  • Many thanks for our completed wills. Thanks to your guidance it was much easier than I expected. You replied promptly to all phone calls or emails and we received the drafts by the date advised, a very professional service. I would not hesitate to recommend you to anyone needing advice and you will certainly be our first point of contact should we need similar services in the future. Many thanks.

    Mr & Mrs Harris
  • I’ve dealt with KBL and Debbie Roberts for many years and have always found them to be on the ball. Debbie’s expertise in property law has been vital to my business, she is an excellent communicator, very responsive and always gives me clear, concise advice. The professional relationship I have with KBL is invaluable and I would have no hesitation in recommending KBL to businesses and individuals alike.

    Michael James, James Industrial Ltd
  • I have known and worked closely with Greg Gardner-Boyes for many years. Greg is an extremely effective solicitor with the ability to grasp complex situations quickly and get the job done. He is a results driven, hands-on partner, specialising in litigation and corporate matters. Greg and the team at KBL provide a high level, professional and personal service to its clients to rival any city centre practice.

    Ben Smith, Pierce Business Advisory & Accountancy Group
  • KBL provide a fantastic legal service and cost-effective advice. Gillian Hindle and David Johnson deal with our properties, and we have always found them to be quick to respond, professional and reassuring. Their attention to detail and depth of knowledge regarding commercial property law is first class and they are able to complete transactions in a smooth and timely manner.

    Damien Finnigan, J Dickinson and Sons
  • Gillian Hindle has worked on several legal matters for me and I have always found her advice to be sound, timely and crystal clear. In addition, she has always been unfailing polite, attentive and readily available. She is both a consummate professional and a delightful individual.

    Mr Martin Patrick
  • KBL offers pragmatic and effective advice with an exceptional degree of client care.

    Jonathan Warburton, Warburtons Ltd
  • KBL acted on my behalf during a long and drawn-out divorce. They were very supportive, professional and knowledgeable during the 18-month case and provided me with great reassurance throughout this difficult time.

    Mr Hulley
  • We chose KBL due to their specialism in commercial property and their proven work with Max Spielmann stores.

    Steve Thompson, The Fragrance Shop
See more testimonials
Our accreditations:
The law society, conveyancing quality
The legal 500
Resolution, first for family law
Solicitors for the elderly
Proud supporters of:
Octagon Theatre Bolton
Bolton lads and girls club
Bolton Hospice

KBL Solicitors LLP, a Limited Liability Partnership. Registered in England number OC402496 VAT Reg. No. 421 8505 72 Service provided by solicitors of England and Wales Authorised and Regulated by the Solicitors Regulation Authority SRA Number 627254 www.sra.org.uk

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KBL Solicitors Bolton

New Mansion House
63-65 Chorley New Road
Bolton
BL1 4QR

Tel: 01204 527777 Fax: 01204 388940 E: enquiries@kbl.co.uk
KBL Solicitors Blackburn

12 Cunningham Court
Blackburn
BB1 2QX

Tel: 01254 268790
E: enquiries@kbl.co.uk

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  • Home
  • Business
    • Commercial Litigation
      • Bank & Financial Investment Mis-Selling
      • Business Disputes
      • Construction Disputes
      • Contract / Terms & Conditions
      • Intellectual Property
      • Manufacturing Disputes
      • Mediation
      • Professional Negligence
      • Property Litigation
    • Commercial Property
      • Academy Conversion
      • Acquisitions & Disposals
      • Compulsory Purchase Orders
      • Energy Performance Certificates (EPC’s)
      • Landlord & Tenant Matters
      • Land Tribunal Work
      • Leases
      • Licensed Trade Premises
      • Option Agreements
      • Secured Lending
    • Corporate & Commercial
      • Agency & Distribution Agreements
      • Banking & Lending Services
      • Business Sales & Purchases
      • Commercial Contracts
      • Group & Company Restructures
      • Company Formation & Registrations
      • Joint Ventures
      • Share Options
      • Shareholders’ Agreements
      • Terms & Conditions
    • Employment / HR Support
      • Confidentiality & Post Termination Restrictions
      • Defending & Preventing Harassment Claims
      • Discrimination
      • Employment Contracts
      • HR Advice Service
      • HR Training
      • Policies & Procedures
      • Redundancy
      • Settlement Agreements
      • TUPE / Business Transfers
      • Unfair/Wrongful Dismissal Claims
    • Insolvency & Restructuring
      • Directors Disqualification
  • Personal
    • Divorce & Family Law
      • Child Arrangement Orders
      • Children
      • Civil Partnerships
      • Co-Habitation Agreements
      • Divorce & Your Business
      • Financial Remedy Proceedings
      • Just Living Together
      • Living together – the future
      • Parental Responsibility
      • Pre-Nuptial Agreements
      • The end of a Relationship
    • Employee Rights & Disputes
      • Directors / Senior Executives
      • Discrimination in the Workplace
      • Redundancy Situations
      • Settlement Agreements
      • TUPE for Employees
      • Unfair Dismissal
    • Litigation / Disputes
      • Debt Recovery
      • Financial Services Disputes
      • Professional Negligence
      • Property Disputes
      • Probate Litigation
    • Personal Insolvency
    • Property
      • Buying a house
      • Equity Release
      • Remortgaging
      • Residential Property Disputes
      • Selling a house
    • Wills, Trusts, Tax & Probate
      • Advice for the Elderly Client
      • Court of Protection
      • Inheritance Tax
      • Power of Attorney
      • Probate & Estate Administration
      • Probate Disputes
      • Trust Advice
      • Will Preparation
  • About us
    • Careers at KBL
    • Testimonials
    • Factsheets
  • Meet the Team
  • News & Events
  • Contact us
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Get in touch

T: 01204 527777 T: 01254 268790 E: enquiries@kbl.co.uk
Request callback