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of the “grace and favour” option being followed it remained appropriate that the property should
remain in Royal Family occupancy.
The terms of the August 2003 lease agreement between The Crown Estate and HRH the Duke of
York prevent him from gaining financially from any increase in the value of the property, as the
freehold rests with The Crown Estate and the leasehold cannot be assigned to anyone else except
to his widow or his two daughters (or a trust established solely for their benefit). As part of the
lease agreement, HRH the Duke of York is required to undertake substantial refurbishment work
which must be completed within the first two years. The work to be undertaken by HRH the
Duke of York is outlined in a schedule to the lease agreement and it gives an estimated cost of
that work as being £7.5 million at September 2002 prices, exclusive of VAT. The Crown Estate
has told us that it estimates that the agreed programme of work is now 95 per cent complete.
Should HRH the Duke of York wish to terminate the lease, the property would then revert to The
Crown Estate. The Crown Estate may then be required to pay him compensation in respect of the
refurbishment costs incurred. The maximum compensation of just under £7 million is subject to
annual reductions over the first 25 years of the term of the lease, so that at the end of that period,
there is nil compensation payable.
After a process of negotiation, HRH the Duke of York secured the 75-year lease for a one-off
premium payment of £1 million to The Crown Estate, as landlord. In coming to the arrangement
with HRH the Duke of York, The Crown Estate appointed an agent to review the options
available in respect of Royal Lodge; to provide a valuation of the property; and to advise on the
expected annual rental value after completion of the estimated refurbishment. The Crown Estate
estimated that the necessary refurbishment of the property would cost at least £5 million. The
agents advised that HRH the Duke of York should pay a premium of £1 million and could be
given the option to buy out the annual rental for an additional £2.5 million payment. Once HRH
the Duke of York made his commitment to spend £7.5 million on refurbishment, the final
settlement was reduced, on the basis of professional advice, to the £1 million premium. We have
been told by The Crown Estate that the full costs of refurbishment have exceeded the £7.5 million
commitment.
The £1 million premium payment was determined by The Crown Estate’s agents using an
assumption of £5 million refurbishment costs; a 5 per cent return for The Crown Estate; and a
minimum notional rental sum of £260,000, as agreed in December 2002 by agents acting on
behalf of both HRH the Duke of York and The Crown Estate.
The Crown Estate’s internal Investment Appraisal Committee considered the terms for letting
Royal Lodge. The Committee approved the lease deal in principle, based on an outline proposal,
and then approved the lease arrangement in March 2003. The Main Board of The Crown Estate
was kept informed about the emerging lease agreement throughout the process.
Owing to the nature of this transaction, and the importance of being secure in their judgement,
The Crown Estate appointed a second independent agent to assess the details of the lease deal.
This second agent concluded that the transaction was appropriate given the over-riding need to
maintain close management control over Royal Lodge and also indicated that the security
considerations had a very significant impact on The Crown Estate’s ability to realise the market
rental value for a property of its size and type.
The Accounting Officer and the other Commissioners, having taken independent advice, judged
this transaction to have satisfied The Crown Estate’s need to ensure propriety and value for
money, taking into account the other, non-financial, considerations relating to the lease of this
property.