LC – 2023 – 000548 Rooftop Site at Battle Bridge House, 300-306 Gray’s Inn Road WC1X 8DU
DECISION
[38]Licence to Sublet dated 23rd January 2009 and made between the PPL(1) BUPA Occupational Health Limited(2) Vodafone(3) and BUPA Investments Limited(4) as extended by Lease dated 15th May 2017 and made between PPL(1) BUPA Occupational Health Limited (2) and BUPA Investments Limited (3) is a secondary code agreement as understood by the Upper Tribunal in Edelwind.[39]The Paragraph 31 Notice dated 15th March 2023 is valid in respect of proposed termination of the secondary code agreement effective 14th February 2024 on redevelopment grounds.[40]The Notice of 15th March 2023 does not relate to, nor does it seek to terminate the primary code agreement contained in a Lease dated 23rd January 2009 and made between BUPA Occupational Health Limited (1) and Vodafone (2). 8[41]Accordingly, nothing said in this Decision is of any effect in respect of the primary code agreement.[42]I make an Order that the Claimant shall pay the Respondent’s costs of the Preliminary Issue summarily assessed in the sum of £12,000 together with any additional amount to reflect any VAT payable thereon. D Jackson Judge of the First-tier Tribunal Either party may appeal this Decision to the Upper Tribunal (Lands Chamber) but must first apply to the First-tier Tribunal for permission. Any application for permission must be in writing, stating grounds relied upon, and be received by the First-tier Tribunal no later than 28 days after the Tribunal sends its written reasons for the Decision to the party seeking permission.