Decision details

East Sussex County Council’s lease of Unit D Ropemaker Park expired in July 2023. A schedule of dilapidations was served by the Landlord. The report will set out the approach to negotiations and recommends that the Lead Member delegates authority to the Chief Operating Officer to approve the final terms of settlement.

37.1     The Lead Member considered a report by the Chief Operating Officer together with exempt information contained in a later agenda item.

DECISIONS

37.2     The Lead Member RESOLVED to:

1) Agree that the Council seeks to settle the claim by mutual agreement in the first instance, as set out in paragraph 2.2 of the report; and

2) Delegate authority to the Chief Operating Officer to take all actions necessary to give effect to the recommendations in the report, including, but not limited to, approving the amount of any settlement.

REASONS

37.3     The Council has taken appropriate professional advice with regard to the Landlord’s dilapidations claim in respect of Unit D, Ropemaker Park, Hailsham. To minimise costs, the Council intends to resolve this matter by negotiation. If the parties are unable to agree a mutual settlement, the Landlord may issue court proceedings. The landlord can legitimately claim for interest, at the rate prescribed by the lease, and legal and expert fees. In addition to this, the Council will incur its own additional legal and expert fees. Determination of the matter by the court or via an alternative process such as mediation, may be more costly to the Council than settling the claim mutually, and the outcome is uncertain.