Leif House Lease Surrender
Reference: 25-26414
Date response sent: 14/01/2025
Details of enquiry
- I would be grateful if you could confirm the key lease details of the Tavistock/Portman Trust’s use of Lief House, Sumpter Close, NW3 5HR.
- I understand that the space under lease expanded at some point, and that it is likely the lease was also terminated early.
- In particular, please identify the dates on which lease terms were changed or entered into, and the space (sq ft / sq m) leased, and the term of the lease agreed at the time.
- I understand that the Gender Identity Clinic that was occupying the building was shut down (or at least ceased to operate from that building) in 2022 or 2023.
- I would request information relating to the termination of the lease – when was this executed and to what entity any compensation for early termination was paid. I also request the amount paid in any such early termination compensation. If the lease was not terminated, please confirm that specifically.
- I understand that normally you might not disclose the sums agreed or paid relating to rent or lease termination, but in this case, please note that BCNO Limited is itself a charity, and so the public interest argument for disclosure of the amounts is considerably stronger than might normally be the case – particularly as the charity itself has failed to properly itemize the rent in its own annual reports, deposit identifying it as an investment property in those same reports.
- I would submit that it is also a sufficiently long time since any agreements were entered into that disclosure of rents and early termination payments – and that there were sufficient special circumstances surrounding the closure of the Gender Clinic that disclosing these amounts should not have any significant effect on NHS Property’s ability to negotiate other leases in future.
Response sent
- I would be grateful if you could confirm the key lease details of the Tavistock/Portman Trust’s use of Lief House, Sumpter Close, NW3 5HR.
The Trust signed a underlease with BCNO Ltd for Lief House, 3 Sumpter Close, NW3 5HR on 11th November 2019, for part of the ground floor, the second and third floor.
- I understand that the space under lease expanded at some point, and that it is likely the lease was also terminated early
The space remained the same. In line with the lease terms, the new landlord indicated that a rent review would be triggered, in line with market conditions, and also indicated that the break option within the lease could be executed. The Trust were unhappy to consider a rent increase, and this led to the landlord triggering the break notice. As the Trust was able to accommodate this service within its existing estate and there was no requirement to continue operating at Lief House.
- In particular, please identify the dates on which lease terms were changed or entered into, and the space (sq ft / sq m) leased, and the term of the lease agreed at the time.
The lease terms remained the same, however in August 2023 the Trust was notified of the change in ownership, from BNCO to a private landlord.
The space occupied was 657m2.
The existing lease transferred to the new owners where the 10-year lease commenced from Nov 2019, with the option to break the lease in April 2024.
- I understand that the Gender Identity Clinic that was occupying the building was shut down (or at least ceased to operate from that building) in 2022 or 2023.
This is incorrect. The Gender Identity Clinic (GIC) was not shut down. The Trust’s GIC service was relocated following the lease termination and continues to operate at another site following the private landlord triggering the Lief House break clause, and the service moved out of Lief House in 2024.
- I would request information relating to the termination of the lease – when was this executed and to what entity any compensation for early termination was paid. I also request the amount paid in any such early termination compensation. If the lease was not terminated, please confirm that specifically.
The private landlord issued a break notice dated 2 April 2024 (in line with 6 months’ notice), the lease was terminated on 11th November 2024. No compensation for early termination was paid to the private landlord.