Received from a concerned resident following reports in last weeks Nairnshire.
I am a resident of Old Bar Road.
I’m assuming the Nairnshire’s article is accurate.
My understanding is that Jack’s Contracts do not have a legal liability for maintaining the open spaces in this part of Nairn, although it has been their employees (now redundant) who have been doing the work. I believe the legal responsibility lies with the company with legal ownership of the common ground. According to our missives, this is a company called Lochloy Properties Ltd which is, according to documents available from Companies House, a subsidiary of Courtallam Developments Ltd. This company has appointed a “Factor” contractor called Hubbies for Hire (Scotland) Ltd. Hubbies for Hire have been using Jack’s Contracts employees to deliver their responsibilities.
According to the documents available from Companies House, Michael Jack is a director of all of these companies.
Although Jack’s Contracts have gone into receivership, there is no legal or financial reason that I can see why any of the companies in the actual chain of accountability for maintaining the common ground should avoid their responsibilities. Hubbies for Hire has been charging residents annual fees and should continue to deliver on their contract. They are not bound by their contracts to use Jack’s Contracts employees. However, having spoken with her, I know that Hubbies for Hire’s Company Secretary is relying on the Jacks’ receivership and the redundancy of Jacks’ employees to explain the hiatus in maintaining the common land, including the emptying of the pooh bins. She is talking about resolving the problem by consulting with residents – at some unspecified time in the future – about the appointment of an alternative Factor, rather than ensuring that Hubbies for Hire deliver on their contract.