I recently wrote a short note, available here, in relation to an issue that has emerged about the operation of s 251 of the Building Act on the landlord’s ability to recover certain outgoings.
Robert Hay has added another post to his blog on this topic that further advances the debate, available here.
Unfortunately, I am still not in a position to comment publicly on this issue.
Sam Hopper Barrister 
September 25, 2012 at 11:11 am
we are waiting with bated breath…. This issue is so often overlooked in commercial leases where landlords pass the obligation/cost to the tenant (who accept the obligation) without much thought …