46th Floor, 8 Bishopsgate, EC2N 4BQ
Offices and premises Decided 20 November 2024 VT00022962 CBRE - Ben Moore
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 16 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant sought to extend the completion notice effective date from 8 June 2024 to 19 July 2025, arguing that real-life logistical constraints on simultaneously fitting out 16 floors (including loading bay and lift capacity limitations) should be treated as incidental to the works and thus extend the reasonable completion period. The Tribunal held that such logistical constraints were preparatory rather than incidental matters under the test in London Merchant Securities v Islington LBC. Since each floor should be treated separately and both parties agreed fitting out per floor takes 16-20 weeks, 8 June 2024 (11.5 months after practical completion on 19 June 2023) was a reasonable deemed completion date.
Summary generated from the decision text and checked against it. The appellant was MEC LONDON PROPERTY 2 (NOMINEE 1) LIMITED, represented.
Grounds argued
- Effective date · decisive
- Evidence
- Expert report
- Cases cited
- Porter v Gladman [2011] UKLC 204; Hermes Property Unit Trust v Roberts (VO) [2021] UKUT 308(LC); London Merchant Securities plc v Islington LBC [1987] 1 AC 303; JLG Investments Ltd v Sandwell District Council (1977) 20 RRC 61; English Cities Fund v Standard Life [2013] RA 215; Newham LBC v Rad Phase 1 Type B Property Co No 1 Limited [2020] RA 384; Graylaw Investments Ltd v Ipswich BC [1979] RA 111; Delph Property Group Ltd v Alexander (VO) [2019] RA 233
- Hearing
- 21 October 2024
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