McGrath, interesting idea that "making available" only means "making available" if the landlord has prior notice. I don't see how it could be read that way, but it is not wholly impossible.

My recollection is that 5.16 is completely incompatible with the Act, on "profit"

Gareth, give me the name of the case and I might (if I have any spare time) be able to get enough of the facts to find out why the high court overturned the closure. With what we have so far, it is anyone's guess, and it could be anything from corruption to incompetence.