Property Law Act 2007
The powers and duties delegated are those of the Council as a “lessee”, “lessor”, “occupier”, “owner”, “territorial authority” or as otherwise specified.
| Section | Summary of Function or Power | Delegated Officers |
|---|---|---|
| ss24-25 | Duties (as party) in relation to written requirements for contracts relating to the disposition of land/interest in land, as specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss28-47 | Where a sale and/or purchase of real property has been approved by the Council, powers and duties (as vendor/purchaser) in relation to sales and other transactions as specified. |
Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer |
| ss208-216 | Powers and duties (as lessor/ lessee) in relation to form, duration and effect of leases as specified. a. The execution of a document in the form of a deed is not delegated - see s9 of the Property Law Act 2007 re execution of a deed b. The delegations in relation to notice under s214 include those of the Council as licensee/licensor in relation to a licence. c. Subject also to General Delegations - Property Management |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss218-220 Sch 3, Parts 2-4 | Powers and duties (as lessor/lessee) in relation to the implied covenants conditions and powers specified unless a contrary intention is expressed in the lease.
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Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s222 | Duty (as lessee) to pay rent under a lease monthly in advance unless agreed otherwise; power (as lessor) to agree otherwise. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s223 | No duty (as lessee) to put premises in good condition if premises are not in such condition at the commencement of the lease. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss224 - 226 | Except as otherwise provided, duty (as lessor) not to unreasonably withhold consent in the circumstances specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s227 | Powers and duties (as lessee) re requiring lessee to pay reasonable legal expenses associated with obtaining consent if provided by the lease. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s228 | Power (as lessee) to recover damages in the circumstances specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss230-238 | Powers and duties (as lessor/lessee/ person entitled) in relation to transactions concerning reversion. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss240-242 | Powers and duties (as assignee/ transferee/ transferor/assignor of a lease) re payment of rent, observing and enforcing covenants, implied covenants etc, as specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s244 | Power (as lessor/licensor) to apply to a court for an order for possession of the land in the circumstances specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s245 | Powers and duties (as lessor/licensor) in exercising right to cancel a lease/licence in the circumstances specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s246 | Power (as lessor/licensor) to exercise right to cancel lease/licence because of breach specified, only if requirements specified are met. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s247 | Power (as lessee/licensee) to offer amount in reasonable compensation for a breach. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss248 & 251 | Powers and duties (as lessor/licensor) in relation to application to a court for an order for possession of land/compliance with court order. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s249 | Duty (as lessor/licensor) where a notice described has been served on a lessee/licensee, to serve a copy of the notice on all of the persons specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s253 | Power (as lessee/licensee) to apply to a court for relief against cancellation/ proposed cancellation of a lease/licence on the ground specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Parks Services Lead |
| ss261-264 | Powers and duties (as lessee/licensee) in relation to making an application to a court re a lessor’s refusal to enter into a renewal/sell the reversion. |
Manager Parks and Open Spaces Manager Property Property Management Lead Parks Services Lead |
| s266 | Powers and duties (as lessee) with regard to the removal of lessee’s fixtures. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s267 | Powers (as lessee) if evicted contrary to the express or implied terms of the lease. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s269 | Duty (as insured lessor) not to require the lessee to meet the costs/ indemnify lessor/ pay damages in the circumstances specified; Duties (as lessor) to indemnify lessee in the circumstances specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s270 | Powers (as lessor) where leased premises damaged/ destroyed by lessee/lessee’s agent. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s271 | Powers (as lessor/lessee) to acknowledge/agree to matters relating to the costs of damage or destruction of uninsured/partly uninsured premises. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss275-290 | Powers and duties (as covenantor/ covenantee/person as applicable) in relation to covenants/implied covenants, including, without limitation, variation, enforcement etc. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss291-300 | Powers and duties (as grantor/grantee/ person as applicable) in relation to the creation, benefits, burdens, etc of easements. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss308-309 | Power (as person entitled) to serve notice on persons specified re undertaking/ contributing to costs of work as described. |
Manager Property Property Management Lead Planning and Development Lead |
| s310 | Right (as person bound) to serve cross-notice re undertaking/ contributing to costs of work as described. |
Manager Property Property Management Lead Planning and Development Lead |
| s312 | Power (as owner or occupier of benefited land) to proceed with proposed work and recover costs in the circumstances described. |
Manager Property Property Management Lead Planning and Development Lead Manager Parks and Open Spaces |
| ss316-318 | Power (as person bound by an easement, a positive covenant or a restrictive covenant) to make an application to a court for the purposes specified. |
Manager Property Manager Parks and Open Spaces |
| s319 | Power (as owner or occupier) of any land to apply to a court for an order re entry over neighbouring land for the purposes specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| s320 | Duty (as applicant) to serve court order on persons specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss322-323 | Power (as owner, occupier or territorial authority) to apply to a court for relief for a wrongly placed structure in the circumstances described; |
Manager Parks and Open Spaces Manager Property Property Management Lead Parks Services Lead |
| ss327-328 & 331 | Powers and duties (as owner/occupier of landlocked land) in relation to application to a court for an order granting access to the land; associated costs.
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Manager Parks and Open Spaces Manager Property Property Management Lead Parks Services Lead |
| ss332-338 | Powers and duties (as owner/occupier of land) in relation to trees/unauthorised structures on neighbouring land, including without limitation, application to a court for an order under s333 to have tree/structure removed, repaired etc. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead Transportation Operations Lead Infrastructure Administrator Infrastructure Customer Service Coordinator |
| ss347-348 | Powers and duties (as creditor claiming to be prejudiced by a disposition of property as specified) including, without limitation, application to a court for an order under s348. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss352-355 & 359 | Powers and duties (as vendor/lessor/ lessee/licensor/licensee) in relation to service of notices for the purposes specified. |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| Schedule 3 | Implies powers, covenants and duties (as lessor/lessee) |
Manager Parks and Open Spaces Manager Property Property Management Lead Property Asset Advisor Strategic Property Advisor Property Officer Parks Services Lead |
| ss307A-307C | Powers and duties (as covenantor/covenantee) in relation to covenants in gross; construction of and legal effect of covenants in gross as specified.
|
Manager Parks and Open Spaces Manager Property Property Management Lead Planning and Development Lead Property Officer Strategic Property Advisor |
| ss318A-318E | Powers and duties in relation to enforcement, modification and extinguishment of covenants in gross as specified. Restriction: Subject also to General Delegations – Legal Proceedings |
Manager Property Manager Parks and Open Spaces Planning and Development Lead Strategic Property Advisor Property Management Lead |