Case Law Flashcards
What is Moffatt v Venus Packaging?
Two inter-connecting factory buildings capable of being separately let.
What is Re the Appeal of Heilbuth?
55 starter workshops capable of separate assessments as the landlord had no right to conduct business from them.
What is Esselco v Dunlevey?
A reception area deleted as it was shared by all occupiers and reflected in the office values.
What is Cardtronics?
Supreme Court Decision. ATM’s inside and outside retail stores held not separately rateable as retailers maintain paramount control.
What is Ludgate House?
Court of Appeal found property guardians were not in paramount control so a large office should remain as one assessment.
What is Jackson v Canary Wharf?
Upper Tribunal Decision. Offices stripped back to core awaiting a tenant for fit-out. UT dismissed VO’s appeal. The absence of an end date for refurbishment works was irrelevant.
What is Newbiggin v Monk?
Supreme Court landmark case. Offices stripped back to core found to be undergoing refurbishment and reduced to £1. The assumption of repair does not override the reality principle.
What is Porter v Gladman?
Newly constructed offices lacking partitioning, cabling, additional power points. No completion notice. Deleted from the Rating List.
What is Re the Appeal of Mouland?
A floor within Gatwick Airport. The Lands Tribunal held it was not an office, like the other floors, but a lounge with touchdown facilities.
What is Cheale Meats v Ray?
An abattoir assessed as industrial. Not considered in the same mode or category.
What is Scottish & Newcastle?
A pub in a parade of shops found to be in a different mode and category from those surrounding it. Shops may command a higher rent but the potential higher value was to be ignored.
What is Gardiner & Theobald?
Identified issues with acting on a success related fee basis.
What is Street v Mountford?
Sets the differences between a lease and a licence. A lease provides an occupier with an estate in land. A licence is a permission to use it. A lease can be assigned, a licence cannot. A lease cannot be terminated until it expires/break clause. A licence can usually be revoked at any time.
What is Woolway v Mazars?
A Supreme Court landmark case known as “the staircase tax”. In 2018 the Government passed legislation to reverse its effects. This enables contiguous properties, in common occupation, to form one assessment.
What is Lotus & Delta?
Sets out procedures for considering evidence. 1. Rent on the property 2. The more closely the circumstances match, the more weight should be applied 3. Rents of similar properties should be considered in addition to 4. similar properties in the Rating List 5. Form an opinion using all evidence 6. If no rental evidence exists, actual rent is key.
