Loughborough University
Leicestershire, UK
LE11 3TU
+44 (0)1509 222222
Loughborough University

Facilities Management

Property Management

The University requires that all outside bodies intending to take up occupation in University accommodation agree to and sign up to a formal agreement before they are allowed into occupation.  There are a number of reasons for this, the most important relating to Security of Tenure provided by the Landlord and Tenant Act 1954 and the University requirement that all such agreements are excluded from the provisions of the Act by way of a Statutory Declaration made by the tenant/occupier. Additionally however, good property management requires some form of regulation between the University and independent third party bodies so that each know their respective rights and liabilities

There are a number of different agreements that can be offered by Facilities Management though the process will generally be as follows:

Campus Partner Policy

  • All third party bids for space must be directed in the first instance to Pro Vice Chancellor Enterprise in the Enterprise Office who will consider each by reference to the Campus Partner Policy which broadly sets out the partnership type arrangement that the prospective tenant will enter into on taking up occupation in University accommodation. The host department must inform the Pro VC Enterprise of its intention so that formal approval can be granted to bring a third party onto campus and allow them to go into occupation. 
  • Once the Campus Partner requirements have been satisfied, the matter will be referred back to the University Surveyor (Paul Watson) who is responsible for initiating preparation of the necessary legal documentation. It is a University requirement that there can be no third party occupation until there is a formal written agreement in place between the parties.

Tenancy at Will

This is the simplest form of Agreement – similar to a Licence that allows occupation of a hotel room. It is generally used for very short occupations.   The Agreement is capable of being terminated by either landlord or tenant at any time subject to 4 weeks’ notice.

Office Facilities Agreement/Desk User Agreement

This effectively rents a desk space to the tenant though apart from giving access to toilets and kitchen facilities, gives the tenant no other rights.  Data and voice connections must be negotiated directly with IT Services.  Agreement is capable of being terminated by either landlord or tenant at any time subject to 6 months’ notice and is normally written to last a maximum of 1 year. This form of agreement does not give the tenant any right to exclusivity of an area and is effectively a Licence to occupy.

Room Lease

This provides the tenant with exclusive possession of one office or a small number of offices for the duration of the agreement.   Access rights are also given to toilet and kitchen facilities. Data and voice connections must be negotiated directly with IT Services.  The agreement is capable of being terminated by either landlord or tenant at any time subject to either 3 or 6 months’ notice and is normally written to last a maximum of 1 year. The Lease will be excluded from the security provisions of the Landlord and Tenant Act 1954 which means that when the term comes to an end, the tenant must vacate the accommodation unless a new lease (and term) has been agreed between the parties.

Business Lease

This provides the tenant with exclusive access to a floor or a building for the duration of the agreement.  Where not directly included, this also provides access rights to toilets and kitchen. Data and voice connections must be negotiated directly with IT Services.  The agreement is capable of being terminated by either landlord or tenant at any time subject to 6 months’ notice and is normally written to last a minimum of 3 years, maximum of 10 years and there will be provision for rental review during the term of the agreement. The Lease will be excluded from the security provisions of the Landlord and Tenant Act 1954 which means that when the term comes to an end, the tenant must vacate the accommodation unless a new lease (and term) has been agreed between the parties.

In each case, the University has a standard format of Agreement that represents the minimum terms upon which it will contract with a third party that wishes to become a tenant. Additionally, it is recommended that any third party wishing to take occupation and being granted space by the Enterprise Office, is legally represented, the costs of such representation being the responsibility of the tenant.

Rentals for each of the Agreement formats have been set by the District Valuer on a commercial basis and are increased year on year in line with the Retail Prices Index (RPI).

Car parking charges are levied for all third party occupiers in the same way that they are for all members of staff and students.  These are based on vehicle emissions.

In all matters relating to third party occupation of university accommodation, please contact Paul Watson, the University Surveyor (P.Watson@lboro.ac.uk) who will be able to advise further.

Boundry Issues

The University has an extremely long boundary and from time to time, queries arise in relation to ownership and rights relating to boundaries with neighbours. Paul Watson will also address these issues.

Public Rights of Way

The University is anxious to provide access to our neighbours where such is required and there are prescriptive footpaths across the campus to facilitate this.  There is only one legal Public Right of Way on the campus located on the Science and Enterprise Park. The University closes its boundary every year to ensure that no further rights of way/easements are established by prescription.

Restrictions and Restrictive Covenants

There are a number of restrictions and restrictive covenants relating to buildings across the campus. These are registered against the University’s Title in most instances and details can be obtained from the University Surveyor.  Where a statutory right is used by a third party, e.g. by Severn Trent Water under the provisions of the Water Industry Act 199, further enquiry with the Projects section may be required to establish the presence of a right.

General Property Matters

Where general property queries arise in relation to the University campus that are not covered in the foregoing, the University Surveyor is probably the best source of information in the first instance.

Contact

Paul Watson

University Surveyor

01509 228075

 

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