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England and Wales High Court (Chancery Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Cometson & Anor v Merthyr Tydfil County Borough Council & Anor  EWHC 3446 (Ch) (30 November 2012)
Cite as:  EWHC 3446 (Ch)
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CARDIFF DISTRICT REGISTRY
Caravella House, Quay West, Quay Parade,
Swansea, SA1 1SP
B e f o r e :
| KEVIN COMETSON
|MERTHYR TYDFIL COUNTY BOROUGH COUNCIL
R & M WILLIAMS LIMITED
Michael Brace (instructed by Silver Shemmings LLP) for the First Defendant
Hearing date: 14th November 2012
Crown Copyright ©
Mr Justice Morgan:
The pleaded cases
"7. The following were implied terms of the Agreement.
a. That any works would be carried out in a proper and workmanlike manner;
b. That any works would be carried out with reasonable skill and care, and that any goods or materials used in carrying out the works would be of satisfactory quality;
c. That the works would be;
i. Commenced within a reasonable time
ii. Completed within a reasonable time and without undue delay.
d. That any works would leave the Premises in a reasonable state of repair (see the Housing Grants, Construction and Regeneration Act 1996, sections 60(1)(a) and 62(2);
e. That any works would be compliant with any relevant Regulations or other statutory requirement;
f. That any works would be such as to leave the Premises in an improved state;
g. That any works would be performed in such a way as not to decrease the rent that the Premises was likely to command on the market;
h. That any snags or defects identified would be remedied promptly.
8. Further or alternatively, it was an implied term of the Agreement that the First Defendant would ensure that the works to be performed would be carried out consistently with paragraph 7 above."
The statutory background
The facts in detail
"We acknowledge that Merthyr Tydfil County Borough Council intend to undertake a Group Repair Scheme comprising the following properties:
We acknowledge that the purpose of the Group Repair Scheme is to carry (sic) eligible works to all the participating properties included within it. (Eligible works are those works, which are needed to be carried out to the exterior envelope of the property to put the building into reasonable repair. The exterior envelope is defined as including any part of the building exposed to the elements such as roofs, walls, doors, windows and may also include works to the curtilage of the building. No internal works are carried out under the scheme unless they are a necessary adjunct to carrying out exterior works or are required to make good the interior following works to the exterior).
We further acknowledge that with the issue of a Certificate of making Good Defects all such works will be deemed to have been completed.
We hereby confirm that I (sic) wish to participate in the Group repair Scheme and as owner(s) of the above property (hereinafter called "the property") consent to Merthyr Tydfil County Borough Council arranging for the eligible works to be carried out to the property. We understand that the cost of the works to the property has been estimated at £22,417.53 and that a sum of £5604.38 is payable towards the cost of the works on demand prior to the commencement of the works. We understand that in reliance on the authorisation and consent contained in this document and subject to approval of the scheme by the Secretary or State for Wales, Merthyr Tydfil County Borough Council will enter into a contract for the whole of the works comprised in the Group Repair Scheme. By signing this form we agree to participate in the Group Repair Scheme and to pay an amount not exceeding 25% of the total cost of the works or sum determined by the notional loan."
"We understand that this sum of money is the amount that has been calculated as our contribution towards the cost of the works, and that the Council in acting as our Agent in this matter will pay this money to the builders and agencies involved in carrying out the works necessary."
"I fully understand that should the property fail to meet the Landlord Accreditation Standard or the Accreditation Plus Standard (whichever has been indicated above) within the six month period following the completion of the Group Repair Works to my property, then I must repay all monies invested in my property by the Local Authority under the Group Repair Scheme."
i) did not consist of entering into a building contract as agent for the Claimants;
ii) did not involve the Council contracting with the Claimants that the Council would procure the doing of the works to the Claimants' property so as to be responsible for the quality and progress of those works;
iii) did involve the Council contracting with the Claimants to arrange for the carrying out of the Scheme at any rate in relation to the works to be done to the Claimants' property.
The overall result