A number of 10-year leases were granted to the Torbay Care Trust in 2005, which were then assigned to the Torbay and Southern Devon Health and Care NHS Trust in 2012 for the purposes of delivering adult social care services.

The leases referred to in were excluded from the security provisions of the Landlord and Tenant Act 1954 and therefore the Trust have no security of tenure. As such new leases need to be agreed prior to the expiry of the current arrangements or the Trust will need to vacate at the end of the contractual term.

The leases come to an end on 30 November 2015 and for a number of properties the Trust have asked that they be granted short term leases so in line with commissioning intentions  the future of their service delivery for each location can be reviewed.

(i)              that the Torbay and Southern Devon Health and Care NHS Trust be granted a 2-year excluded lease from 1 December 2015 on acceptable terms with the inclusion of a tenant and landlord rolling 6-month break clause for Hollacombe Community Resource Centre (CRC);

(ii)             that the Torbay and Southern Devon Health and Care NHS Trust be granted a 2-year excluded lease from 1 December 2015 on acceptable terms with the inclusion of a tenant and landlord rolling 6-month break clause for St Edmunds Centre;

(iii)            that the Torbay and Southern Devon Health and Care NHS Trust be granted a 2-year excluded lease from 1 December 2015 on acceptable terms with the inclusion of a tenant and landlord rolling 6-month break clause for Bay Tree House;

(iv)           that the Torbay and Southern Devon Health and Care NHS Trust be granted a 2-year excluded lease from 1 December 2015 on acceptable terms with the inclusion of a tenant and landlord rolling 6-month break clause for St Kilda’s Residential Care Home;

(v)            to note that the Council has the option of providing a grant to cover all or part of the market rent for the properties set out in (i) to (iv) above which will be dealt with as per the Councils constitution and reviewed annually; and

(vi)           that, in turn, Sandwell Community Caring Trust be granted a two year (less three days) excluded sub-lease from 1 December 2015 on acceptable terms with the inclusion of a tenant rolling 6-month break clause for St Kilda’s Residential Care Home. In the event that the Trust exercise a break option the sub-lease is to terminate on a co-terminus basis with the head lease.

To provide the Torbay and Southern Devon Health and Care NHS Trust two years to further develop their services and explore alternative options for service delivery of the services provided through these four properties.

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This decision will come into force and may be implemented on 5 August 2015 unless the call-in procedure is triggered (as set out in Standing Orders in relation to Overview and Scrutiny).

The submitted report set out details in respect of four properties leased to the Torbay and Southern Devon Health and Care NHS Trust (the ‘Trust’) which will expire on 1 December 2015.  The leases will terminate automatically, without notice and at the end of the term the Trust must give up possession in each instance.

If there is no documentation in place at expiry of the leases, but the Council consents to the continued occupation, then the basis of occupation would be an implied tenancy at will.  It is therefore proposed to extend the four leases for two years to give the Trust time to develop alternative options for the sites.

The Mayor considered the recommendations of the Council made on 23 July and his decision is set out above.

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