Question
Hi, I need assistance with this https://www.coursehero.com/file/22418490/legal-research-topic/ A new client, Allman Ltd, a leisure and property development company, is seeking advice in relation to a
Hi, I need assistance with this https://www.coursehero.com/file/22418490/legal-research-topic/
A new client, Allman Ltd, a leisure and property development company, is seeking advice in relation to a rural hotel called 'Gardenlands' which it recently acquired. The following is a note of my initial meeting with the client. Assess the legal issues facing Allman Ltd, and prepare a presentation for me, outlining the key legal principles and possible outcomes.
Allman bought Gardenlands in January 2013 from Hoteliers Ltd. In 2012 Hoteliers had extended Gardenlands to add a new spa complex. Following the 2013 purchase, the complex has developed a severe leak in the glass roof. The leak appears to be a structural design problem, which did not show up on the survey. As part of the sale documentation, Hoteliers Ltd provided a copy of the JCT Design & Build Contract between themselves and the spa's building contractors, O' Reilly Contracting Plc. The contract contained various design warranties, and also a prohibition against assignment.
Gardenlands has a gamekeeper's cottage in its grounds. The cottage is currently occupied by Jack, the gardener, but Allman is unhappy with this arrangement, and want to evict him from the cottage, but keep him on as a gardener. Jack is maintaining that use of the cottage was part of his employment rights, and that he had an understanding with Hoteliers Ltd that he would be given the freehold of the cottage on his retirement, in return for working for a very low wage. In addition, he is also claiming that a small paddock at the back of the cottage, which is separate from it, is now his, because he fenced it off in 1992 when he first arrived and has treated it as his own ever since.
When Allman bought Gardenlands in 2013 they were given a loan by their bank, 'Quickcash'. The loan was unsecured, and was given on the basis of a previous oral understanding that it would be used to fund the building of tennis courts at Gardenlands. This was not mentioned in the loan documentation. Subsequently, Allman's plans for the hotel have changed, and they want to use the money to build a go-kart track. Quickcash have found out about this new plan and are demanding the return of the money.
Finally, the vicar of the local church visited Allman's office recently, and demanded a 100,000 contribution to the church roof renovation fund. He maintains that the owner of Gardenlands must pay, and that it 'says so in the Deeds'.
Please provide full references for your findings.
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