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PostPosted: Tue Nov 23, 2021 4:00 pm 
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Joined: Mon Sep 25, 2017 12:06 pm
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I am asking this query on behalf of very close friend.
She is single mother living in Amersham since last 2 years (since April 2020) and her son goes to local amersham school.
Her son passed Bucks 11+ exam aand they live in Dr Challoners school catchment.
She is currently renting house(since July 2020) and rental agreement is valid until August 2022.
As landlord/agent only agress to have 1 year rental agreeement.
As school admission policy says they need rental agreement valid till March 2023. Which looks impossible to get from landlord.
She is also intending to buy house soon.
Now question is will her son loose on admission in Dr challoners if her rental contract is only valid till Aug 2022 and if agent do not agree to give rental agreement till 2023.
She is a lot tensed need to check that all their efforts are not wasted.


Last edited by sharvari.bandal on Tue Nov 23, 2021 6:50 pm, edited 1 time in total.

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PostPosted: Tue Nov 23, 2021 4:44 pm 
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Joined: Fri Sep 15, 2006 9:51 am
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Do you mean August 2022?

I have just looked at the policy here https://drive.google.com/file/d/1VuJcnD ... wqA9p/view for admission in 2022 and the SIF says that there needs to be evidence of lease extending at least 6 months after September 2021

Earlier in the document it says "six months after admission is required" - very confusing - need to ask the LEA I think


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PostPosted: Tue Nov 23, 2021 6:03 pm 
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I think they have a typo carried over from the previous year.
have they completed the SIF? I note that this must be submitted by 30 November which is presumably why this has come up. This is where they give details of their rental etc. Where they not aware of the admission criteria before applying? I would advise your friend to speak to admissions at the school as soon as possible. Currently they don't appear to fulfil the requirements for residence.


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PostPosted: Tue Nov 23, 2021 6:43 pm 
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This is for admission starting Sep 2022
My friend did sent SIF and this has come up in SIF that Rental agreement should have enddate of April 2023
which is 6 months after school starts.
And Agent and landlord is saying they don't give rental agreement for such a long period. They will only do yearly.
She has no intention to move as She is in Amersham from last 2 years and that's her permanant location.
I want to understand if she is unable to submit rental agreement which has enddate as April 2023. Will that be a deal breaker for admission.
She can't shift to any new property too coz she is under No break clause contract till August 2022.


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PostPosted: Tue Nov 23, 2021 6:53 pm 
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She will have to ask the school. All anyone here can do is point you in the direction of the criteria which she doesn't appear to fulfil. If you look at it from the school's point of view she could gain a place & then move several miles away. Sorry not to be more helpful!


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PostPosted: Wed Nov 24, 2021 7:49 am 
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agree - have to ask the school, they must have come across this before, leases rarely have that length of time on them


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PostPosted: Wed Nov 24, 2021 9:19 am 
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I do think that this policy needs reviewing. The school implemented the policy with good intentions to prioritise the local population but the unintended consequences seem to disadvantage local residents who are not homeowners.

The School Adjudicator ruled recently that similar practices in Watford were in breach of the School Admissions Code.

News article
https://www.watfordobserver.co.uk/news/ ... ted-homes/

https://assets.publishing.service.gov.u ... DA3794.pdf

Quote:
I do not find it fair to have provisions which set out absolute requirements, for example tenancies of at least two years which some genuine applicants – by which I mean those who really do live in the catchment area and who have no intention of returning to a different address - may be unable to meet. I understand that doing so may reduce the administrative burden on schools in seeking further evidence and making a finding of fact as to address based on that evidence. However, I find that it is unfair to set such absolute conditions as to what does or does not qualify as a genuine home address.
24. I will set out here my view on tenancies where an absolute requirement for a term of more than six months. Assured shorthold tenancies (ASTs) are made under the provisions of the Housing Act 1988. The tenancy will have an initial term, the minimum being six months, and, when that term expires, the tenancy will automatically continue on a periodic basis (determined by the intervals for paying rent, so usually one week or one month) unless the landlord and tenant enter into a further agreement for some other term. Most residential tenancies are automatically ASTs unless specifically stated to be otherwise. The website for Shelter England states “An assured shorthold tenancy is the most common type
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of tenancy if you rent from a private landlord or letting agent. The main feature that makes an AST different from other types of tenancy is that your landlord can evict you without a reason”. Shelter goes on to state that such tenancies are for a fixed term “often 6 or 12 months” or periodic “rolling weekly or monthly”. Government guidance “Tenancy Agreements: a guide for landlords (England and Wales)” states “The most common form of tenancy is an AST. Most new tenancies are automatically this type”. To sum up, tenancies will be for a range of terms but often this will initially be for six months and thereafter on a monthly periodic basis, as this gives the greatest flexibility to the landlord. Families with low income and/or in receipt of benefits are most likely to have short tenancies as they are more likely to be in a poor bargaining position.
25. It is acknowledged that some families will take short tenancies near to a school in order to seek to secure a place for a child with no genuine intention to make that property their main residence. It is understandable that admission authorities wish to prevent such families gaining an unfair advantage. It is also acknowledged that a provision requiring tenancies to be for a longer term will help to prevent this. Admission authorities take different approaches to this problem. Some specify circumstances in which they will make further enquiries in order to establish whether the address given is a genuine home address, a short term tenancy being a common example. Others make a longer term tenancy an absolute requirement. In the latter case some families, particularly those that have limited resources, will be excluded despite the home address being genuine. Such families may have had no choice but to accept a short lease. For that reason, I find that it is not fair to make a lease of longer than six months an absolute requirement. I find the absolute requirement for a lease to be for a term greater than six months does not comply with the provisions of paragraph 14 of the Code.


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PostPosted: Wed Nov 24, 2021 5:00 pm 
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Joined: Mon Sep 25, 2017 12:06 pm
Posts: 81
Thanku everyone for kind replies.
School contacted back to her and raised concern that she did change 2 houses in 2 years but both are in amersham. I do not understand why there is problem with admission authority if peole who are living on rent move houses in same town.
In her case as she is going through seperation and can't afford big rent on single income hence moved to smaller property in same LA.
And it is genuine case which school is not ready to consider.
It is bit unfair on her, her son worked really hard and has set his heart on school.
I really hope they consider this as genuine case and not address fraud.
Meanwhile she is trying to persuade landlord to give extended tenancy agreement.
Hope thigs works for them, and school consider this genuine case while giving admission.


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