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The Community Right to Challenge (Expressions of Interest and Excluded Services)(England) Regulations 2012 have been published along with draft Statutory Guidance. These regulations set out the information that will be required from a “relevant body” (as set out in section 81(6) of the Localism Act) in an expression of interest.
The information required should alert a relevant authority as to the capabilities of the organisation making the challenge. It should also ensure that the organisation itself is confident that it has the necessary resources to provide the services set out. Hopefully this will reduce the number of spurious challenges.
The regulations also set out certain services that are exempt from the right to challenge, namely if they are commissioned in conjunction with one or more health services as set out in Schedule 2 of the regulations. However, with the exception of services provided to a “named person with complex individual health or social care needs” this exemption will come to an end on 31 March 2014.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.
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