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.

The Council made the following recommendation to the Mayor:

It was proposed by Councillor Parrott and seconded by Councillor Tyerman:

(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;

(vi)       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 Council’s 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.

On being put to the vote the motion was declared carried.

The Mayor considered the recommendation of the Council as set out above at the meeting and the record of his decision, together with further information, is attached to these Minutes.