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S&D Railway Trust and Washford Eviction Notice

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

  1. D6332found

    D6332found New Member

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    I think(but am no legal expert) that sub leases require the permission of the leaser, as the line is let from the council, surely they had permission.... and to withdraw it so hastily, permission must again be sought?
     
  2. D6332found

    D6332found New Member

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  3. martin1656

    martin1656 Resident of Nat Pres Friend

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    I would seek advice from our learned people on that one, one for either Julian, or Robin, I would have to say I'm not sure if the PLC needed council approval before sending the eviction notice, but if they do need it, and didn't get council approval beforehand, won't that make the eviction an illegal eviction? and cause even more problems for the WSR?
     
  4. 35B

    35B Resident of Nat Pres

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    "Illegal", or in breach of the tenancy? Two very different things, and with very different consequences if true.
     
  5. MellishR

    MellishR Part of the furniture Friend

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    How about the Council telling the PLC that they intend to change the terms of the PLC's lease to exclude the Washford site, because they (the Council) have a use for it, namely to lease it directly to the S&D Trust?
     
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  6. mdewell

    mdewell Member

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    In the extremely unlikely event that that were to happen, how many visitors would SDRT get if there were no trains stopping at Washford? (Which is the most likely reaction by WSR in this scenario :(). SDRT might then have a secure base but I rather doubt they would be viable as an entirely stand-alone attraction (No offense to SDRT members, of which I am one (albeit only very recently joined ;))).
     
  7. City of truro fan

    City of truro fan New Member

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    The wsr might loose some visitors too as people will drive by and see a loco maybe kilmersdon in steam there so they will stop and have been pretty much tricked to go and see the s and d thinking it was going to be the wsr. If the s and.l d got to use the station they can make their museum bigger and once people were there they wouldn’t feel tricked as there is actually a lot to do there including the signals.
     
  8. Monkey Magic

    Monkey Magic Part of the furniture

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    I suspect that the number of people who will go to Washford to see Kilmersdon and not go on the WSR numbers around 1.
     
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  9. Bayard

    Bayard Part of the furniture

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    That depends if section 30 of the Landlord and Tenant Act 1954 is applicable when the landlord wishes to reclaim only part of the leased property. Perhaps one of our legal eagles could advise.
    Thinking of that clause, would it not be legal for the SCC to send the Plc Notice to Quit on the grounds that it has another use for the "site", namely selling off all the stations for development, commercial at Minehead and Williton and residential elsewhere?
     
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  10. mikehartuk

    mikehartuk New Member

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    Today I've watched, three so far, army Chinook helicopters fly over my house ferrying in desperately needed life saving supplies for the local NHS hospitals just as they are doing all over the UK. Does that not all rather put this now 73 page long, dare I say rather repetitive and much of it rather negative and critical discussion, into some degree of perspective? No matter if its the governance of the UK, the NHS, or the very survival of some of our heritage railways, is it not right now the time for positive support and encouragement for all those who are actually at the helm? Whoever they might be, wherever they are working, whatever you think of them - they are who we have and are just doing their level best. Perhaps its time to leave all those inevitable arguments about who did/didn't do what to whom and why for another day when happier times return?

    Mike
     
  11. Bayard

    Bayard Part of the furniture

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    On the other hand, say the S&DRT relocate to another site. If no-one goes to Washford simply to see the S&DRT's site there, then no-one is going to visit them at their new site either, whereas, if they remain at Washford, even if they have nothing to do with the WSR and WSR trains don't stop there, childish though that would be, they will still attract visitors who have been to the WSR or are going on to the WSR.
     
  12. 35B

    35B Resident of Nat Pres

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    I've answered that on the other major WSR thread - bluntly, they've put themselves beyond the pale in their conduct over Washford, and have therefore made themselves the stumbling block for me to consider giving money to the WSR under their leadership. And, though I have issues with the hostility of how some have reacted to the way the government have dealt with Covid, I don't consider for a moment that this entitles them to unquestioning, unequivocal support.
     
  13. andrewtoplis

    andrewtoplis Member

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    At the same time, this thread is becoming circular in the absence of new information. We now have the suggestion that the council may start chopping up the lease, and it has generated pages of discussion with not a shred of evidence.

    Time to quiet down until the situation develops?
     
  14. Monkey Magic

    Monkey Magic Part of the furniture

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    In a word. No.

    Just because there is a crisis does not mean that bad decisions, mendacity, bad practices and incompetence should be given a free pass. In fact the reverse, the fact that there is a crisis means we should be calling these bad decisions and challenging those who make them. Why? Because the costs of not challenging them are higher than they would be without the crisis. If politicians fail to do their job and ignore warnings and as a result of that more people die than is necessary then ‘because it is a crisis’ does not wash, likewise, if someone in the heritage industry does things which are detrimental to the industry, and put parts of the industry at greater risk than they would have been otherwise then they should be called out and criticised for it. It would be bad enough in a non crisis for people, to do what politicians and railway managers to have done. To do it in the run up to a crisis and during a crisis borders on the criminal.

    So no, I am not going to ‘get behind’ someone who is a government minister, or a PLC board just because there is a crisis.
     
    Last edited: Apr 20, 2020
  15. Bayard

    Bayard Part of the furniture

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    Why? everyone will be busy then, catching up. Now they have time on their hands so now is a good time to discuss these matters. I can assure you that none of the contributers here are helicopter pilots who should be in the air, doing emergency work.
    As to giving "positive support and encouragement for all those who are actually at the helm", I think it is reasonable to be convinced that they are steering in the right direction first.
    Helmsman to lookout, both having struggled onto the shore, half dead, "Why didn't you tell me we were heading for rocks?"
    Lookout, "It was a crisis and I didn't want to criticise your choice of direction".
     
  16. Poolbrook

    Poolbrook New Member Friend

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    I doubt that he gets out very often!
     
  17. rodders154

    rodders154 Member

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    This is a question for the receivers and the bank {who have a charge over the entire railway} should this happen I am afraid the job of the recivers is to get as much money as they can to pay off debts. No sentiment in their job. They have large fees that come first in the line of who's paid so dreams of WSR 2020 Ltd is pie in the sky

    Sent from my VOG-L09 using Tapatalk
     
  18. malcolm imps

    malcolm imps Member

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    :Bored::Bored::Hilarious:
     
  19. 35B

    35B Resident of Nat Pres

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    Indeed. But that lack of sentiment will need to consider whether the sum of the parts is greater than the whole, and how quickly value can be realised. And in that scenario, much as I'd wish it to be avoided, the interests of the administrators may be aligned with those of supporters of the WSR.
     
  20. Bayard

    Bayard Part of the furniture

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    Yes, once the receivers are called in, it is probably too late. However there are lots of actions that can be taken and changes made before that point is reached.
     

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