Consortium Commercial Developments Limited v ABB Limited (30 July 2015)

first_imgEven though the lease expired over 4 years ago, the disrepair and failure to re-instate that existed at lease expiry has not been remedied and the case concerned the amount that should be awarded to the landlord in relation to such breaches of covenant. Such damages being limited by S.18 (1) of the landlord and Tenant Act 1927 to the diminution in value caused by the disrepair.By the time of the trial, the parties’ surveyors had agreed that the total costs of remedying the breaches of covenant came to £315,258.77 and that these works would take 12 weeks to undertake. The landlord claimed a further sum of £45,666.24 in relation to loss of rent and rates during this 12 weeks period based upon the previously passing rent of £160,000 per annum and rates at £728.60 per week.The expert valuers for the landlord and the tenant valued the premises in repair at £1.15millon and £775,000 respectively and, in disrepair, at £600,000 and £700,000 respectively.  Accordingly, it was the landlord’s case that the diminution in value was £550,000 whereas the tenant claimed that the diminution in value was only £75,000.Capella House was built in the early 1990s.  It is a detached single-storey glass-fronted building of just under 15,000 sq.ft.  It is a typical B1 hybrid business unit of its era and it is located on a business park on the fringe of the central business district of Milton Keynes. Buildings in the immediate vicinity are primarily used for warehousing or office purposes, whereas buildings somewhat closer to the Town Centre have been redeveloped for out-of-town retail purposes.The property was sublet in 2003 and, when the sub-tenant vacated about 4 years later, it paid the tenant a sum of £160,000 in relation to its dilapidations liabilities. The tenant then sought to relet the property in its unrepaired condition but it remained vacant for the remainder of the term and ever since.  When the lease expired in 2011, the market was weak and the property had very little prospect of being re-let whilst out of repair. However, the landlord did not want to fund the costs of the works without having first recovered the same from the tenant.  Furthermore, it took the view that it would make better sense to wait until the market improved and a better rent was achievable, rather than to incur the costs at this stage and then having to offer the premises at a low rent.In valuing the property, both valuers considered that the best price that would be obtainable would be by way of a sale to an intending owner/occupier rather than to an investor. Based upon what they considered to be relevant comparables, the valuers considered that the property had a rental value of £77.12 psf. (so far as the landlord’s valuer was concerned), and just over £52.00 psf. so far as the tenant’s valuer was concerned.  However, the Judge was critical of the approach of the landlord’s valuer and his lack of proper analysis. He also considered that the tenant’s valuer had not made appropriate adjustments to comparables to reflect the true rental value. The judge based his view of the correct value of the property in repair upon what he considered to be the best comparable. This had a rental value of £54.44 psf.  The judge adjusted this upwards to take account of the advantages that Capella House had over this comparable and he reached a value of just over £60.00 psf. which resulted in Capella House being valued in repair at £900,000.The judge then went on to consider the out of repair value and he accepted that it was not appropriate to approach this on a pound for pound basis i.e. he held a purchaser would not deduct from the sum of £900,000 the full cost of the repairs.The judge approached the calculation of the deduction for disrepair based on the amount a likely purchaser would factor in for works that it would want to undertake and, having considered comparable evidence, the judge considered that a purchaser would seek a reduction based upon £15.00 psf. which would equate to £225,000.  Accordingly, the judge concluded that the value of the property in disrepair was £675,000 and the diminution in value was £225,000.The judge then considered the claim for costs of some £15,000 for re-instatement works that had not yet been undertaken.  The judge concluded that these items did need to be carried out and would be undertaken eventually to help re-let the premises in good condition. Accordingly, the Judge allowed this claim in full. However, the judge was not sympathetic to the claim for loss of  rent and rates.  The Judge did not think it was correct to simply award rent and rates for 12 weeks just because the works would take that long.  The simple fact of the matter is that the property would have been extremely difficult to relet in 2011 in repair and the claimant could not prove that the disrepair had caused it any loss of rent and rates.Finally, the judge went on to consider the rate of interest the tenant should pay on the damages awarded.  The landlord claimed interest at 6% on the basis that the tenant should be penalised for having retained the sum of £160,000 from its sub-tenant and not having paid any sum at all to the landlord.  The Jjdge, though, considered it inappropriate to penalise the tenant and he awarded interest at what he regarded as a commercial rate of 2.5% above base rate i.e. 3% per annum.In conclusion, the landlord recovered approximately 40% of the amount it was claiming and the tenant paid just over three times the amount that it considered it was liable for.  It would seem likely that the parties’ total legal costs exceeded the amount of the damages awarded and it would be interesting to know who has to pay such costs i.e. whether either party successfully protected their position by way of a Part 36 Offer?Jonathan Ross is head of commercial property litigation at Forsters LLPlast_img read more

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John Good on the move

first_imgThe company says it has chosen to move to the new hub to increase efficiencies for its clients whilst capitalising on the huge opportunities for the company to further develop its ship agency and freight forwarding activities in London and the South East of England.www.johngood.co.uklast_img

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Colchester next up for Under-23s

first_imgThe Professional Development League encounter will be played at Colchester’s Weston Homes Community Stadium.Luke Williams’ side are currently in the midst of a fixture pile-up, playing league games against Ipswich Town last Friday (1-0 loss) and Birmingham City on Monday (2-2 draw).They face a further two games next week, on Monday away at Hull City, before a trip to Swansea City on Thursday in the Premier League Cup knockout stages.Meanwhile, City have been handed a home tie against Brighton & Hove Albion in the Premier League Cup quarter-finals, if they can overcome Swansea.last_img read more

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Tipperary crowned Munster minor hurling champions

first_imgTipperary have been crowned Munster minor hurling champions.The Premier controlled the majority of play in the first half with forwards Sean Hayes and James Devaney shining through.The half time scoreline left Tipp ahead by 5 points – 12 points to 7. Tipp went 8 points clear by the end of the third quarter in Thurles, but Limerick notched up the following 2 points to begin closing the gap.The Premier pushed on, however, and a goal from sub Mickey O’Shea from Mullinahone sealed the Treatymens fate.A goal from Limerick’s Cathal O’ Neill in added time was just too little too late and it finished Tipperary 1-20 Limerick 1-12.TippFM Analyst James Woodlock was impressed by their efforts today… Photo: Tipp FM/Stephen Gleesonlast_img read more

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Five things from the Premier League

first_imgHere, AFP Sport looks at five talking points from Sunday’s action in the Premier League:Alexander-Arnold’s auctionTrent Alexander-Arnold’s Black Lives Matter boots. POOL/AFP/Shaun BotterillLiverpool right-back Trent Alexander-Arnold showed his support of Black Lives Matter by wearing boots with the movement’s name printed on them.The pair will be auctioned with profits going to the Nelson Mandela Foundation, according to broadcaster Sky Sports.Forgetful ManeSadio Mane takes a knee to prior to kick-off despite originally forgetting to do so. POOL/AFP/Jon SuperAs was the case throughout the Premier League this weekend, each match was proceeded with players taking a knee but Liverpool attacker Sadio Mano seemed to forget to do so.As the referee blew to kick off, Mane sprinted off the halfway line to start the game with the remaining 21 players on the field dropping to the ground.The former Southampton forward then stopped running before turning back to join in with his team-mates and opponents.Giroud’s Werner warningOlivier Giroud joined Chelsea from Arsenal in January 2018. POOL/AFP/Catherine IvillWorld Cup winner Giroud scored the winner as Chelsea moved five points clear of fifth-placed Manchester United with a 2-1 victory over Aston Villa.Earlier this week, Frank Lampard’s side announced RB Leipzig forward Werner will head to Stamford Bridge over the summer to challenge France’s Giroud for a starting spot.Giroud scored his third goal in four games, continuing his form from before the coronavirus break.If he keeps it up, he will put his hand to up to compete with the Germany striker who cost the Blues a reported 60 million euros ($67 million).Joelinton joyJoelinton (L) celebrated his first home Newcastle goal with Jamaal Lascelles and Miguel Almiron. POOL/AFP/LAURENCE GRIFFITHSBrazilian forward Joelinton joined Newcastle last July for a club record fee of 44 million euros ($49 million) having scored 11 goals and claimed nine assists for Hoffenheim, but had to wait until Sunday for his first goal at St James’ Park.The 23-year-old would have hoped to mark the moment in front of a packed Gallowgate End but was forced to celebrate just with his teammates at an almost empty ground.He placed the ball under his shirt and sucked his thumb, suggesting he had more than just breaking his home goal duck to celebrate.Spraying St James’Officials spray disinfectant at St James’ Park. POOL/AFP/LAURENCE GRIFFITHSStrict health regulations have been put in place at all English top-flight grounds since the campaign restarted last week and on Sunday cleaners appeared in full suits to disinfect St James’ Park.Staff in the white all-in-one outfits sprayed cleaning product on the ground, advertising boards and in the stands of the 52,000 capacity ground before and during the game.last_img read more

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Red Star atmosphere will be fantastic, says Pochettino

first_imgTottenham Hotspur manager Mauricio Pochettino said he expects the home Red Star Belgrade fans to generate a fervent atmosphere when the two teams clash on Wednesday in a potentially explosive Champions League fixture.Red Star’s Rajko Mitic stadium is renowned for it noise and electric atmosphere on European nights, as Champions League holders Liverpool found out in a 2-0 group-stage defeat in the Serbian capital last season.The encounter could also prove pivotal for qualification with one point separating Spurs and Red Star in Group B.“I heard many things about this stadium and it’s going to be fantastic to be here tomorrow,” Tottenham’s Argentine boss Pochettino told a news conference on Tuesday.“We respect Red Star a lot but at the same time we need to play in the best way and be ready to fight because it’s a new stadium to play in.”Spurs captain Harry Kane said he hoped there would be no repeat of the racist abuse England players suffered in Sofia during last month’s Euro 2020 qualifier.The match in the Bulgarian capital, which England went on to win 6-0, was twice stopped under a three-step UEFA protocol after England’s black players were abused.“Hopefully it doesn’t happen and we play a football match tomorrow,” he said. “It will be a tough football match and we focus on that. If it does happen there is a UEFA protocol in place like there was in Sofia.”Red Star coach Vladan Milojevic ruled out any possibility of the Serbian club’s fans causing trouble.“I hope Spurs fans turn up in numbers because they will be completely safe here,” he said.“We have quite a few players coming from different continents and backgrounds so racism has no place here. We will show our hospitality tomorrow.”Speaking about Red Star’s chances of avenging a 5-0 defeat by Spurs in the reverse fixture, Milojevic said:“This is not PlayStation, it’s real life. Taking the game to a team like Spurs is easier said than done, but we will do everything humanly possible to play our best football and get a result.”Spurs are second in the group on four points from three games, one ahead of Red Star and five behind leaders Bayern Munich who thrashed them 7-2 in North London last month. Bottom team Olympiakos have no points.After a rocky start to the season in the Premier League, Pochettino acknowledged beating Red Star would be vital for morale.“The most important thing is to be in the next stage of the Champions League, but a win would also be massive for our confidence,” he said.last_img read more

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Holocaust survivor speaks to Plantation students

first_imgPLANTATION, FLA. (WSVN) – A Holocaust survivor shared her story with students at an elementary school in Plantation, Tuesday.Zelda Fuksman shared her experiences with students at Mirror Lake Elementary.School officials said they hope to teach pupils, who learned about the Holocaust this month, the importance of tolerance. “The message really is, never again. There was a Holocaust,” said Gigi McIntire, a counselor at the school. “There are other things going on in the world today, and we hope our kids can learn to help each other.”Fuksman specializes in speaking to young children about the Holocaust and provides age-appropriate answers. This is the second time she has spoken at the school.Copyright 2019 Sunbeam Television Corp. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.last_img read more

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