The High Court has recently backed a Management Company’s ability to recover management costs from shareholders under the Company’s Articles of Association as well at the same time from tenants under Service Charge provisions in Leases of flats. The Tenant remained liable for the debt as a shareholder despite having paid an amount due by way of Service Charge under the Lease to an independent manager (appointed under Section 24 Landlord and Tenant Act 1987).
The Court of Appeal has recently denied a Tenant a right to a new tenancy under the renewal provisions of the Landlord and Tenant Act 1954 in view of the Tenant’s constant flouting of planning control and criminal law.
Earlier News has mentioned the called-in Planning Application of Surrey County Cricket Club to build a hotel and new stand at the Oval Cricket Ground, to add 1,830 seats. The Health and Safety Executive (HSE) has continued to be resolute in its opposition. The Department of Communities and Local Government has now ordered that more detailed evidence on safety issues from both the HSE and the Cricket Club should be heard in closed session because of possible threats to national security.
In the majority of cases, commitments to the acquisition of land or interests in land require written terms signed by both parties. However, there are exceptions. The High Court was recently asked to decide whether negotiations had led to a binding agreement to take a Lease for fewer than three years (that does not require a written contract). As mentioned frequently in earlier News items, the key factor in the Court’s decision was the credibility of the parties’ witnesses.
It is frequently said in planning terms that what happens in London may well eventually occur elsewhere. Increases in the levels of affordable housing for residential development pioneered by the previous Mayor of London were soon repeated in the rest of the country. When the current Mayor of London suggests provision should be made for affordable shop units in major retail schemes, perhaps the rest of the country should take notice.
If damage occurs to a building because of mining subsidence the Coal Authority is under a statutory obligation to pay compensation. What happens where no actual damage materialises but a neighbouring property suffers damage and this blights the property in question? The High Court was recently asked to determine liability.
Previous News on this Site has highlighted increased concern for development proposals near oil and gas storage tanks following explosions at the Buncefield Oil Depot in December 2005. In two recent instances, these concerns have gained prominence.
Owners of a warehouse that was virtually destroyed by a substantial fire were ultimately unsuccessful in recovering damages from one of its tenants, alleging that the fire had been started by a cigarette discarded by an agency worker.
The Employment Appeal Tribunal, in Sodexho Ltd v Gutridge and ors, has held that an employer’s failure to give equal pay creates a contractual liability in respect of those employees to whom the failure relates, even before any action has been taken to determine the existence of the pay inequality.
Planning Circular 05/2005 requires, amongst other matters, financial contributions to be fairly and reasonably related in scale to the development to which they relate.
4 Cranmere Court, Lustleigh Close, Matford Business Park, Exeter EX2 8PW Tel: 01392 823811 | Fax: 01392 823812 | DX: 300350 Exeter 5 | E-mail: law@otb.uk.com
© 2010 Over Taylor Biggs
Site By Nexus Open Software Ltd Validation: XHTML | CSS