L1 Flashcards

1
Q

Explain the case of Monk v Newbigin 2017

A

This case summarised that where a property is undergoing redevelopment and therefore as a consequence is incapable of beneficial occupation, it does not constitute a hereditament and therefore the repair assumption in the statutory formula cannot apply

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2
Q

What are the key pieces of legislation that governs local taxation?

A

Local Government Finance Act
General Rate Act
Rating Valuation Act
Non domestic rate act 2023

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3
Q

What is the definition of rateable value?

A

The estimated annual rental value of a property as at the antecedent valuation date based on the assumption that:
Vacant
Available to let on an annual tenancy
FRI terms
In good repair
Tenant pays rates
Current use
No alterations may be made

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4
Q

What makes a rateable occupier?

A

Beneficial
Exclusive
Actual
Transience / Permanence

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5
Q

What’s the antecedent valuation date?

A

01 April 2021

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6
Q

What’s a MCC and when does it apply?

A

Material change in circumstance. A physical change to the property that affects its profitability. Or something in the local area e.g roadworks happening outside your high street shop

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7
Q

What sort of reliefs are available?

A

SBRR
Transitional Relief
Retail / Leisure / Hospitality
Empty property relief
Charitable relief
Hardship relief

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8
Q

What relief was particularly influential at revaluation

A

Transitional relief

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9
Q

What’s the Cca process

A

•Check,challenge,appeal
•check: To change factual information of a property e.g floor areas,description
•challenge: challenging based on the actual valuation
Appeal: appeal to the valuation tribunal

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10
Q

What timings are involved for the cca process !?

A

• VOA have 12 months to respond to check.

• have to submit a challenge within 4 months of receiving a check decision notice

• VOA have 18 months to respond to a challenge and then we have 4 months from challenge decision to appeal to the VT

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11
Q

What RICS guidance is there for rating work ?

A

• rating consultancy code of practice (4th addition march 2017)

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12
Q

What’s a completion notice and when can the VO enter the property back into the rating list ?

A

•3 months before it would be reasonably finished.

• completion notices are sent by the local council and they set the date a new or altered property should appear in the valuation list.

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13
Q

What is section 44A relief?

A

Relief on premises that are partly occupied, as long as this situation is for a short time only

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14
Q

When submitting a check application for RV £0 purposes, what information would you submit?

A

Planning application and decision notice
Programme or schedule of works
Photographic evidence

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15
Q

If you were undertaking an inspection of an office for rating purposes, what things influence value?

A

Raised floors
Air conditioning

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16
Q

If you were inspection a retail property for rating purposes, what things influence value?

A

Masked areas
Steps
Hard frontage
Return frontage
Limited or no storage / ancillary areas
Wide but shallow (all zone a)

17
Q

What can you tell me about SBRR?

A

100% relief if RV is below £12k
Tapered relief for RVs between £12,001 and £15,000
Must be:
• ratepayers only property
• may have relief for other additional properties providing those have RVs less than £2,900 and the total RV of the properties is less than £20,000

18
Q

Explain the Woolway v Mazards Case

A

Case relating to premises leased by a firm of accountants, who occupied offices on the 2nd and 6th floor of a multi occupied office building.
Mazars applied for the two assessments to be merged on the basis that they were inter-dependant. The VT agreed but the VOA disagreed and appealed. Court of appeal dismissed VOAs appeal.

19
Q

What are the bandings for SBRR?

A

If a business has 1 hereditament with an RV less than £12,000 they don’t pay BR.
Rateable values between £12,001 and £15,000 the relief is based on a sliding scale

20
Q

How long do you get relief for empty rates relief?

A

3 months relief for retail & offices
6 months for industrial

21
Q

How much charitable relief is given?

A

80% statutory relief

22
Q

What’s the current standard multiplier and the small business multiplier?

A

Standard = 51.5 pence
Small = 49.2 pence

23
Q

What does the antecedent valuation date mean?

A

The date at which rental levels are assessed

24
Q

What are the 3 methods of valuation for rating purposes?

A

Comparable
Contractors
Profits (receipts & expenditure)

25
Q

What were some of the key changes under the non domestic rating act 2023?

A

1) Revaluations are to happen every 3 years in order to bring rateable values closer to rental values. Next revaluation in 2026.
2) councils are able to serve a completion notice on refurbished buildings to be re-entered into the rating list prior to being re-occupied
3) occupiers who undertake any new improvements will get a 12 month exemption from the business rates payable on the improvement
4) the reset period for empty property relief has increased from 6 weeks to 13 weeks

26
Q

Are you aware of any agent standards recently published?

A

The VOA published agent standards in January 2024. The standards set out clear expectations for agents regarding
1) their behaviour
2) their professional practice
3) the service they provide to clients

27
Q

What is meant by a hereditament?

A

Means property which is or may become liable to a rate shown as a separate item in the valuation list