LGFA 1988 examination of contents

Question 1

What is the definition of ratable value

Answer 1

The definition of ratable value can be found in SCH6 of LGFA.

It establishes a hypothetical tenancy that has the following Charteristics;

Vacant and to let
Annual tenancy
AVD
Willing LL and T

FRI lease terms
In good economic repair - unless uneconomic.

Rebus sic stantabus - same use and only minor physical alterations

All other expenses covered by tenant ( rates , water, electricity ect)

Additional side rules are

• Fresh to the scene - T is unware of any past issues in the locality.
• Principal of reality - if not discussed in sch 6 then presume normal market conditions .
• If remedy lies else where - This is where MCC temporary adjustments can take place as it would be incorrect permanently alter the RV for a temporary issue.

Question 2

What are the matters effecting the material day and where are they found ?

Answer 2

Found in sch 6 para 2(7) of LGFA 1988

a. matters affecting the physical state or physical enjoyment of the hereditament,
b. the mode or category of occupation of the hereditament,
c. the quantity of minerals or other substances in or extracted from the hereditament,
d. the quantity of refuse or waste material which is brought onto and permanently deposited on the hereditament,
e. matters affecting the physical state of the locality in which the hereditament is situated or which, though not affecting the physical state of the locality, are nonetheless physically manifest there.
f. the use or occupation of other premises situated in the locality of the hereditament.”

Question 3

Where would you find exemptions and name some exemptions

Answer 3

Sch 5

Land and buildings used for agriclual purposes including storage 
Places of worship
Trinity house properties 
Sewage works 
Parks