[2024] UKUT 51 (LC)

Fecha: 23-Feb-2024

Conclusions

Conclusion

103.

The position now, therefore, is that the Site Lease (defined, it will be recalled, to mean the OT Lease insofar as it relates to the Site on the roof of the Kenton Road Exchange, see paragraph 12 above) is a Code agreement. A valid paragraph 31 notice has been served by the respondent in order to bring it to an end.

104.

The next step will be for the parties to agree, or for the Tribunal to decide, whether the respondent can make out either of the paragraph 31 grounds on which it relies, namely grounds (c) and (d) (see paragraph 22 above). Within one month of the date of this decision the parties are to give the Tribunal their dates to avoid in September 2024 for a determination of that issue in case it is not by then agreed.

Upper Tribunal Judge Elizabeth Cooke Mr Peter D McCrea FRICS FCIArb

23 February 2024

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.