The High Court is being asked to ascertain the basis upon which five learned societies occupy a quadrangle of Burlington House, in Piccadilly. The decision could determine whether the societies will have to pay rent for the premises.
Mr Jonathan Gaunt QC, counsel for the First Secretary of State, said that the dispute has arisen because the Land Registry had refused to register the government’s freehold title to the property while the exact nature of the societies’ occupation rights remained in doubt.
The Society of Antiquaries of London, the Royal Astronomical Society, the Geological Society, the Linnean Society and the Royal Society of Chemistry, which are registered charities incorporated under Royal Charter, have occupied Burlington House rent-free since the 1870s.
Mr Gaunt maintains that the societies remain in Burlington House only on sufferance as licensees or tenants at will. He added that the government does not intend to withdraw consent for their continuing occupation of Burlington House, but that court guidance was needed on the extent of its legal rights.
However, Mr Patrick Talbot QC, counsel for the societies, said that the government was seeking to prove that his clients’ occupation rights were “determinable at will, making it possible for rent to be demanded from them in due course”.
He told Peter Smith J that, during the 19th century, successive governments had “encouraged the belief” that the purpose-built quadrangle was intended as a “permanent home” for the societies, which had therefore “laid out substantial expenditure” altering and improving the premises and had “adapted themselves” to Burlington House.
Mr Talbot said that “it would be unconscionable for the government to resile from its historic commitment” that the societies would be able to stay at Burlington House permanently and rent-free.
The hearing is expected to last three days.
References: EGi Legal News 21/1/04