Quote Diogenes="Diogenes"No it wouldn't be an offence because there would be no false representation. Silence cant amount to a representation unless in response to a direct question. There would only be a problem if the council actively misled the Allams as to their intentions for the company after any transfer of the SMC.'"
I think this is just confusing the issue, there will be no transfer of the SMC, it is a private FM company owned by a third party and nothing what so ever to do with the council, It's the lease and the FM contract that falls within the remit of the council, so should a court find The SMC in breach and the lease and contract revert back to the council the company (SMC) would still exist and be registered at company's house albeit without the contract, where they went with any attached debt and as a trading entity is entirely their business, and what the council did with the contract is theirs.
