Can lease agreement be basis for an appeal?

[payel123]

Hi,I will be moving to Trafford area in September where DS would be taking Sale,Stretford exams.The admission policies say that in case of address change a rental lease agreement of 2 years minimum has to be provided as proof of address.Now,DS is a very bright student with 5a in all subjects and working hard for the tests.I feel he has good chance of cracking the tests.However.since,my husband is on deputation here,we always go for lease agreements of 6 months and then keep renewing them(thats what we have been doing for the last 3.5 years).So,i will not be able to provide rental lease agreement for 2 years ,at any cost.
My specific question is,with high chances that even if he qualifies,he wont be considered for a place,can this be basis for an appeal?.My taking a lease of 6 months ,in no way,denotes that I am not going to stay in the area for 2 years.I feel quite low on this one

Pls advise.
Thanks in advance

[quasimodo]

I don't know what stage you are at in relation to negotiating the existing assured tenancy.

Isn't it possible to take out a 2 year tenancy and build in break clauses in favour of the tenant's yourselves every six months? I don't know if this is possible.This would then comply with the minimum length of term of the agreement.

[quasimodo]

Payel any application has to be genuine and you do have to live there.

I note from your previous posts you have been considering grammar schools around the country.

[payel123]

Hi Quasimodo
Thanks for the reply.Let me explain my situation.Of course I dont blame you for my confusing posts.My husband is a computer engineer and works for an IT company.He was transferred to Leeds,Yorkshire,Last year and we were scheduled to move there by January,this year.We had even spoken to the current primary school my kids attend,hence my enquiries about Leeds GS.However,for some other circumstances,my husband was then handed over the responsibility to handle a project from manchester.Currently we stay in Newcastle under Lyme,which is is Staffordshire.Due to the last minute changes,we waited for sometime,until all the official details were confirmed from my husband's office.He travels to Manchester on a daily basis for work.So,we would certainly be moving to Manchester,around September,ie.the new academic year.We are in the process of looking for houses and our application would be genuine,of course.
However 2 years Lease agreements with breakage clauses are not acceptable,to a any landlords.Also since ours is a company paid accommodation,company wouldn't go in for such a long term lease despite the fact that my husband's project entails him to stay here for at least another 2/3 years.So,that is the basis of my query.
I hope it clarifies.

[Etienne]

Welcome to Appeals!

My specific question is,with high chances that even if he qualifies,he wont be considered for a place,can this be basis for an appeal?

Not really.
Provided that the admission arrangements are lawful and have been correctly and impartially applied, you're unlikely to get much sympathy if you go into an appeal arguing that they shouldn't apply to you.

By all means mention very briefly - as background information - your circumstances, and why you couldn't meet the particular requirement, but it would be best not to challenge the admission rules as such, assuming they're in order (which they probably are).

Read the Q&As, and you will see the sort of basis on which an appeal might stand a chance:
http://www.elevenplusexams.co.uk/appeal ... ed-school/" onclick="window.open(this.href);return false;

[Daogroupie]

Most landlords I know of would be happy to have a 2 year lease with break clauses. Landlords have to pay the agencies a hefty percentage each time the property changes hands so they all want agreements that last as long as possible. They also have to pay council tax and gas and electricity and water while the property is empty so I would be very surprised to find any landlord who would want a six month lease over a two year one. DG

[sking]

...ours is a company paid accommodation,company wouldn't go in for such a long term lease...

I would have thought this was relevant. It's not the landlord who won't give a 2 year lease, it's the company her husband works for. If the OP could get written proof that it is company policy to only rent on 6 months leases then it would prove that it is impossible for this family to satisfy the entry criteria. Would that be any help?

[CarpeDiem]

The Trafford Grammars have really tightend up their admission rules because in the past people have been known to buy/rent prooerty close to the school in order to gain advantage. Once the child gained entry to the school they would then move out of the admission area. I think at least one of the Grammars actually has a clause to say you must remain at the address listed on the application form for a certain period of time after the child starts year 7.

[Etienne]

...ours is a company paid accommodation,company wouldn't go in for such a long term lease...

I would have thought this was relevant. It's not the landlord who won't give a 2 year lease, it's the company her husband works for. If the OP could get written proof that it is company policy to only rent on 6 months leases then it would prove that it is impossible for this family to satisfy the entry criteria. Would that be any help?

Is this 'exception' to be found in the Admissions Code, or in the school's admissions policy?

Reminds me of a case involving a newly arrived Chinese mother who tried to argue that the admission rules didn't apply to her because the "One child" policy of the People's Republic made it impossible for her to satisfy the sibling criterion!

One might well sympathise, but the admission arrangements have to be clear and objective, and rigorously applied.
"Parents should be able to look at a set of arrangements and understand easily how places for that school will be allocated." [Admissions Code, section 14]

I think the legal position is likely to be as I set out further above.
The question is:
Are the admission arrangements lawful, and have they been correctly and impartially applied?

I feel sure the OP would get some sympathy from a brief mention of the circumstances, but we seem to be at risk of overlooking the importance of reasons for wanting or needing a place. Section 3.8 of the Appeals Code explains:

• • The panel must balance the prejudice to the school against the appellant’s case for the child to be admitted to the school. It must take into account the appellant’s reasons for expressing a preference for the school, including what that school can offer the child that the allocated or other schools cannot. If the panel considers that the appellant’s case outweighs the prejudice to the school it must uphold the appeal.

We offer further guidance in the Q&As:
http://www.elevenplusexams.co.uk/appeal ... -school#c2" onclick="window.open(this.href);return false;

[Daogroupie]

You don't have to live in company paid housing. You could show that you are serious about living there by renting a flat on a two year lease yourself instead of using housing paid for by the company. Leases have break clauses built into them after four months. DG