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S&D Railway Trust

Discussion in 'Heritage Railways & Centres in the UK' started by Andy Norman, Feb 24, 2020.

  1. tracker

    tracker Member

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    Mine too.
    Robin L.
     
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  2. GWR4707

    GWR4707 Nat Pres stalwart

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    One reason for serving notice - "the landlord wishes to occupy the site themselves" really doesn't wash.
    The landlord didn't want to occupy the site when an increase of rent was proposed. The addition of other nonsense like "....acted rather like a 'cuckoo in the nest' which the plc found unacceptable....." and "following their own agenda" does nothing to confirm that either.

    Other statements like "....as a result of this and other concerns, they have been served with a year's notice to remove themselves from the Washford site completely" and "..... the rent they pay for this land is much lower than any other organisation occupying space elsewhere on the railway" do not show that the landlord's intent is based upon wanting to occupy the site for themselves. Any subsequent statements such as "might do this" or "would like to do that" are just there to distract.



    Its a long time since I did any specific landlord and tenant work, albeit we are often involved at the later stages of such processes running applications for sites whereby leases have been terminated early, however from recollection there is loads of case law regarding the fact that whilst you can seek termination if the landlord wants to do something with the site, they actually have to be able to prove that they do have real plans with a chance of success to avoid unscrupulous landlords evicting tenants using this function nefariously, which I suspect is what a number of posters are getting at when suggesting the notice can be challenged at least?

    I only came back to this thread after the piece in SR this morning which once again casts the WSR and specifically its management in a dreadful light, I cannot be alone in noting from my limited knowledge that there is scope for the most enormous conflict of interest within the management structure, one which viewed in light of events is only going to encourage conspiracy theories to abound.
     
  3. RailWest

    RailWest Part of the furniture

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    Would they also have to prove that any such plans had been compiled and agreed before the decision was made to issue the eviction notice?
     
  4. GWR4707

    GWR4707 Nat Pres stalwart

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    TBH I really don't recall it was a long time I was involved on the legal side, however a quick look at the googlebox threw this out...

    https://www.wrighthassall.co.uk/kno...ion-redevelop-under-landlord-and-tenant-act-/

    But actually I am not sure it can be used for an early termination (unless there is provision within the lease to allow thus) normally its used as a tool to prevent a new lease being sought by a tenant.
     
  5. See pages 10 & 11 of the latest Steam Railway Mag. It's all in there, along with a splash on the front cover.

    S&DRT state 'everything will go and it (WSR) will be left with a bare site with no track or buildings'.

    A very sad state of affairs.
     
  6. Jamessquared

    Jamessquared Nat Pres stalwart

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    One can’t help think that the current WSR management seem to know the price of everything and the value of nothing.

    Tom
     
  7. Alan Kebby

    Alan Kebby Well-Known Member

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    If that is how the SDRT feel about the situation, then the chances of them keeping 53808 on the WSR as a long term resident seem remote.
     
  8. Andy Norman

    Andy Norman Member

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    As one person I was talking to recently said to me “it may be that 53808 has already turned its wheels on the WSR for the last time”. The only saving grace is that currently it’s in MD Loco shed in bits and if my local sources are correct, due to the departure of the CME for pastures new the decision on which way to maintain its pistons hasn’t been made and may not be for a while (at least that was the position last week if what I hear is right). This may actually mean removing 53808 may be delayed for a few weeks until its back together (if the S&DRT were so minded to remove it of course).

    In my opinion somebody has to stop this madness quickly before it’s too late. It’s clear in my mind from all I see that the PLC Board are not going to change direction so only representation to the WSRA & WSSRT as major shareholders may have an effect now, or at the very least get them off the fence and state a view. It would also be interesting for people to ask SCC as the landlord and third largest PLC Shareholder how they can justify supporting the removal of a long standing local charity who have been on their land for 45 years and do a great job in the community by a commercial PLC which they own shares in because they wouldn’t pay a 10 times rent increase?

    I’ve also just noticed that for the last year my Bio Picture on here is of 53808 leaving Minehead. How ironic. If it wasn’t so serious I would have to say that the jokes really are writing themselves at the moment !!
     
  9. tracker

    tracker Member

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    Agreed, an awful state of affairs. I used to look forward to seeing shunting demonstrations going on at Washford, and a very TIDY site on show to the public.
    I would also leave a bare site in the same circumstances. I might even be able to volunteer to help them achieve this if it comes to it.
    Robin L.
     
  10. Jamie Glover

    Jamie Glover New Member

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    My own hope is that the S&D Railway Trust will employ a suitably knowledgeable learned friend to go through their current lease and confirm whether or not the WSR PLC has the right to terminate the S&D's current leasehold contract.

    If the answer is "No" I for one would be happy to contribute towards a fund to support the S&D Railway Trust legally taking serious action to negate the cancellation of their lease by the small group of PLC management people.

    This being a group of PLC autocrats who are currently on the receiving end of the the vast amount of verbal opprobrium which the majority of WSR Stakeholders are unleashing in their direction. Currently there seem to be more Cuckoos nesting in the PLC boardroom than there are to be found nesting at the Washford S&D premises.

    I suspect that if the S&D Railway Trust people are forced to move from their present location of some forty years plus? Then it is possible that the amount of funding being temporarily directed towards the S&D Railway Trust's moving costs might exceed any stakeholder funding being directed towards any other official WSR appeals for financial aid.

    Like all stakeholders in the WSR I want to see the railway line flourish. However, the behaviour and attitude displayed by the current PLC board does more to generate desertion by their stakeholders........ as opposed to continuous support for the PLC's disastrous lack of management skills.

    Jamie Glover.
     
  11. misspentyouth62

    misspentyouth62 Well-Known Member

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    I dearly want the WSR to do well but if I was about to buy shares or donate some ££ I might just feel that I might be wasting my money? I'm basing this only on what I've read from railway press releases rather than any negative speculation.
     
  12. Forestpines

    Forestpines Well-Known Member

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    The risk with anything like the above is that you create a self-fulfilling prophecy
     
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  13. misspentyouth62

    misspentyouth62 Well-Known Member

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    Indeed so. There is a lot of worthy causes plying for money from a limited supply and it pains me to see what is likely to happen.
     
  14. John Williams

    John Williams New Member

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    Irrespective of the legal 'right or wrong' of this situation,
    it seems unlikely that any future relationship between the S&DRT
    and WSR would be all that good.
    Seeking a legal remedy would probably be expensive and therefore of questionable value.
    Whilst not the 'perfect' outcome, for the S&DRT to leave seems to me to be the obvious way forward.
    A rather sorry state of affairs.
     
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  15. flying scotsman123

    flying scotsman123 Resident of Nat Pres

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    Probably only true so far as the current board reign though, hard to imagine relations not thawing considerably if folk previously critical of these actions take control.
     
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  16. Bayard

    Bayard Well-Known Member

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    What a piece of land is worth in rent has nothing to do with what the owner would like to receive in rent for it, despite a widespread and persistent belief to the contrary. It is worth the most that a potential tenant wishes to pay for it and that is almost entirely dictated by its location, restrictive covenants and regulations aside. Thus it is quite possible that the SDRT site, given its location, is simply not worth as much as the sites rented to other organisations on the railway and that is why the rent is lower and thus why, even if the railway evict the SDRT, they will not get any more for it.
     
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  17. ghost

    ghost Part of the furniture

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    If the legal eagles decide in favour of the S&DRT, the WSR would be liable for costs and presumably damages/moving expenses, so the 'rights or wrongs' become very important and cannot simply be put to one side.

    Keith
     
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  18. Andy Norman

    Andy Norman Member

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    Yes I totally agree this can still be turned around if the will is there. There is a recognition that this eviction is coming from a very small number of people only, not the WSR as a whole. If the feedback I have had from a very wide range of sources within and close to the WSR is representative the wider general population of the WSR value the S&DRT as their long term friends, partners and colleagues and given the option would want them to stay. Just to be clear this action was taken without consultation to anybody and the decision was made by one very small Board of people only.
     
  19. ghost

    ghost Part of the furniture

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    There's also the fact that the S&DRT actually provide an attraction for passengers to visit along the line that other groups do not. Previous PLC chairmen may have taken account of this when setting the rent

    Keith
     
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  20. John Williams

    John Williams New Member

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    As I see it, the uncertainty - either about future changes to WSR people or the prospect of a legal solution could last for some time.
    The only 'win' situation would be for both a successful legal challenge and a substantial change to the WSR board.
    Are either of these likely?
     

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