Disputing the facts in the Kensal Rise Library case

There have now been 175 comments on the recent blog on the twists and turns of the Kensal Rise Library saga.  It has become increasingly hard to follow the discussion so I asked Meg Howarth to write a Guest Blog on the disputed facts of the matter and what she thinks are the repercussion stemming from this.  I will be happy to publish a similar Guest blog, preferably from a named person, who wishes to counter some of the factual evidence or interpretation.

As once again comments got heated I plead with people making comments to keep personal issues out of it and stick to the evidence and principles involved.

Thanks you

Martin Francis

GUEST BLOG BY MEG HOWARTH

Former Kensal Rise Library (KRL) is listed for auction in two days' time - Wednesday, 17 December. This blog is an attempt to respond to questions, misunderstandings and concerns which are again being raised about the Option Agreement (OA) document to purchase KRL:

- the OA allegedly came in to force on 26 November 2012 between KRL's then-owner, ASC, and property developer, Andrew Gilick; no-one other than the seller (ASC), the buyer (Andrew Gillick) and their lawyers has ever seen the original document. An OA is not a sale contract - it does what it says on the tin: it's an 'option' to buy;

- a contract for the sale of KRL was made only when Andrew Gillick exercised the option to buy contained in the OA; this appears to have been in January 2013, and was conditional on 'vacant possession' of KRL;

- vacant possession was secured by the seller, ASC, only this year, on 31 January 2014, with the demolition of the pop-up library early on the morning of 31 January; 

- the sale of KRL was completed on or immediately after that date;

- any statement that KRL was sold to Andrew Gillick before KRL was listed as an Asset of Community Value (ACV) on 11 December 2012 is untrue; 

- under ACV regulations, an OA carries the same weight as a sale, ie if an OA is made before a listing, then ACV regulations do not apply. This means that a listed 'asset' is exempt from the moratorium restrictions on its sale. 

Unresolved concerns about the Option Agreement (OA) are its date and whether it was signed off. The Information Commissioner ordered the release of the OA on 4 March 2014 after a successful appeal against then-owner All Souls College (ASC) refusal to publish the document. This was to be redacted for date, names and price only. I was sent a hard-copy redacted copy of the OA on 31 March 2014. There are two problems:

- there are no redactions for the date or the signing off of the document. Any redacted copy of the original OA  should, in my opinion and that of others, have shown clearly where those redactions have been made, just as  redactions for names and price are clear elsewhere in the document. This LINK  is to a scan of the document I was sent It has been posted on  previous WM blogs;

- if the OA was never signed off, then it has no legal status

A request for a meeting with Brent's CE Christine Gilbert has been made to try to resolve these matters. With KRL slated for auction in two days time, it's important that these doubts about the legality of the original sale be resolved. Only a viewing of the original Option Agreement can do this.

Footnote: 

There is no doubt in my mind that the OA was drawn up to bypass the application of the ACV moratorium regulations on ASC's sale of the library. Ironically - or not, depending on legal opinion - paras 6.1/6.2 of the OA state:

6.1 The Seller may not create any encumbrance over the Property at any time during the Option Period without the consent of the Buyer. 

6.2 An encumbrance includes, without limitation, any easement, restrictive covenant, lease or other right of occupation, use or enjoyment of the whole or part of the Property but for the avoidance of doubt any listing of the premises as an asset of community value under the Localism Act 2011 is excluded. 

LATE ADDITION - Letter from Farrers re signing of Option Agreement

Late addition. Brent Council Legal view on auction as sent to Friends of Kensal Rise Library on December 15th: