Local Taxation Flashcards

1
Q

What items of Plant and Machinery are rateable?

A

Any P+M which is significant to the functioning of the business

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2
Q

Tell me about empty property rate relief

A

Office and shops can claim empty rate relief for 3 months
Industrial and warehouse get relief for 6 months
If a lease is signed for 6 weeks then they can then apply for empty relief.
Lead case is Macro properties v Nuneaton and Bedwort Borough Council 2012

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3
Q

Why do we have an AVD and not value at the effective date?

A

to give the VO time to produce and update the list.

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4
Q

What is rateable value?

A

Rental value based on the assumption that:
hypothetical tenancy begins on material day levels of value at AVD.
Hereditament is in ‘reasonable repair’
Tenant pays all rates taxes and has FRI lease
Year to year – annual tenancy with prospect of continuance.

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5
Q

what is the material day

A

Day we take all physical factors affecting property and the locality.

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6
Q

what is AVD

A

Antecedent valuation date
Day we take all non-physical factors; levels of value, economy and law
2017 list = 1 april 2015
2023 list (postponed from 21’) = 1 april 2021

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7
Q

what is a hereditament

A

A property which is an entry in a rating list (Section 115 of General Rate Act 1967)

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8
Q

what is an FRI lease

A

Full repairing and insuring lease – liability on tenant

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9
Q

what is an IRI lease

A

Internal repair and insuring is liabile to tenant, external repairs is landlords, may be claimed back via a service charge making it effective FRI.

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10
Q

where is the definition of rateable value found?

A

Schedule 6 Local government and finance act 1988

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11
Q

What is not rated according to schedule 5 Local government and finance act 1988? Can you name at least 3?

A
Domestic property
Parks
Religious buildings
Agricultural land
Agricultural buildings
Fish farms
lighthouses
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12
Q

how does the small business relief scheme work?

A

If a business has 1 hereditament with an RV of less than £15,000 or multiple hereditaments totalling under £20,000 they can apply for SBRR.
Sliding scale of relief between £12k and £15k.

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13
Q

How does the Charitable rate relief work?

A

If a hereditament is used for charitable purposes they get 80% statutory relief off their rates bill.
The remaining 20% is at local authorities discretion

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14
Q

what is transitional relief and how does it work?

A

A scheme to lessen the impact of significant RV increases and decreases between rating lists.
The liable amount is adjusted to buffer the impact.
In essence – amount payable won’t go up or down as much as it originally would have done.

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15
Q

Normal rules for determining a unit of assessment (3 rules)

A

1 area of land
1 occupier
1 use

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16
Q

what are the four tenants of rateability?

A

Actual occupation – tangible same place every day
Beneficial – capable of being used for its intended purpose
Exclusive occupation – sole occupation of hereditament
Transient – not too transient, degree of permanence

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17
Q

Rateability lead case

A

J Laing v Kingswood 1949

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18
Q

Tell me about the case J Laing v Kingswood 1949

A

The Court of Appeal adopted 4 essential determinants of rateable occupation. These are that the occupation must be actual, exclusive, beneficial and not too transient.

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19
Q

What is rebus sic stantibus

A
‘things standing thus’ in latin.
Taking things as they stand
Two limbs
Physical limb – assume property its in physical state
Use limb – assume use staying the same
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20
Q

What is the material day for a compiled 2017 list appeal?

A

1 April 2017

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21
Q

what is the material day for a material change in circumstance appeal?

A

Day of proposal (check submission date)

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22
Q

what is the material day for splits and mergers?

A

Day of event

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23
Q

What is the effective day

A

Day liability stops, starts or changes
Usually material day unless there is an increase in RV then Effective date will be the day the list is altered.
Important date for ratepayers as this it affects finances.

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24
Q

Can you name the two secondary legislations for 2017 list alterations

A

Non-domestic rating (alteration of lists and appeals) (england)(amendment) Regulations 2017

The valuation tribunal for England (council tax and rating appeals) (procedure) (amendment) Regulations 2017

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25
Q

tell me about Newbigin v Monk (2017)

A

S J & J Monk own the freehold of the first floor of a three-storey Office building in Sunderland

  • well known case on BENEFICIAL OCCUPATION
  • They requested to reduce ratable value during reconstruction period.
  • Issue was do we value at the 2012 condition where the unit was stripped out undergoing construction, or do we assumes a reasonable state of repair (para 2 schedule 6)?
  • VO rejected, VT upheld this, Upper Tribal allowed SJJM appeal, Court of appeal reversed and allowed VO appeal, then Supreme Court reversed and allowed SJJM in line with Upper Tribunal.
  • Hereditament incapable of beneficial occupation is not rateable
  • Repair assumption is irrelevant
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26
Q

Tell me about Jackson (VO) v Canary Wharf (2019)

A
  • concerned a number of floors in Canary Wharf’s iconic tower at 1 Canada Square.
  • well known case on beneficial occupation.
  • In accordance with Canary Wharf’s usual practice, following the vacation of the previous tenants each of the floors had been stripped back to shell condition, and upgrading works were carried out.
  • The VO argued that, in the absence of a programme of works, there was no admissible evidence bringing the property within the ambit of the Monk Newbigin case. The VO thus valued the floors as though they were offices in repair.
  • VT held in favour of Canary wharf, VO appealed but Upper tribunal rejected appeal.
  • Premises which are not capable of beneficial occupation cannot represent a hereditament, and therefore should not be included in the rating list
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27
Q

what is meant by goodwill in rating?

A

The value of the business as a trading entity – where the incoming tenant is in the same trade as the outgoing tenant.

  • Goodwill could be included within a premium payment for a lease
  • Payment by the incoming tenant to reflect obtaining the benefit of existing clientele .
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28
Q

tell me about Gilbert v Hickingbottom (1956)

A

Lead case on hereditament assessment before Woolway v Mazars
Three general rules:
1. Properties in same occupation within curtilage or contiguous = 1 hereditament
2. Properties in same occupation but not in curtilage nor contiguous = separate hereditaments
3. Properties in same occupation but separated by highway = 1 hereditament – but only if the two are essential to one another

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29
Q

what is the definition of rateable value

A

Estimated rental value of a hereditament year to year on three assumptions being
Tenancy begins on material day at AVD levels of value.
Immediately before tenancy hereditament is in reasonable state of repair, excluding repairs a reasonable landlord would consider uneconomic.
Tenant pays all rates, taxes and has an FRI lease.
Found in LGFA 1988 Paragraph 2, Schedule 6

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30
Q

tell me about Woolway v Mazars LLP (2015)

A

question in this appeal is how different storeys under common occupation in the same block are to be entered in the rating list.

Concerned Tower Bridge House, an eight-storey office block in St Katherine’s Way, East London.
Mazars, a firm of chartered accountants, occupies the second and sixth floors of the building under separate leases. These floors are separated by common areas in the building and were entered in the 2005 rating list as separate hereditaments.

In February 2010 Mazars applied to the Valuation Tribunal to merge the two entries to form a single hereditament.

The VTE agreed that the two entries should be merged. The Valuation Officer, Mr Woolway, appealed to the Upper Tribunal who confirmed that the premises could be treated as one hereditament.

The Court of Appeal dismissed Mr Woolway’s appeal. Mr Woolway appeals to the Supreme Court. The Supreme Court unanimously allows the appeal.

Lord Neuberger, concurring with Lord Sumption and Lord Gill, concludes that a hereditament is a self-contained piece of property, where all parts are physically accessible without having to go onto other property.

If contiguous units do not intercommunicate and have to be accessed via other property of which the common occupier is not in exclusive possession, this will be a strong indication that they are separate hereditaments.

This completely changed the landscape from the Gilbert v Hickingbottom 1956 case. Creating what was called staircase tax.

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31
Q

what is the PICO 2018 act

A

The Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 reverses the Supreme Court decision in Woolway v Mazars LLP which required non-intercommunicating occupations to be assessed separately and reverts back to the former VO practice where separate but adjoining areas, used for the same purpose and in common occupation are valued as a single assessment.

  • Act took effect from 1 April 2010.
  • Following the 2017 Autumn statement regarding the reversal of the effects of the ‘stair-case tax’, an addition to the definition of hereditament was made to the Local Government Finance Act 1988.

The amendment ordered the Valuation Officer to assess together properties that were made to be individual assessments following the Supreme court decision in Mazars.

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32
Q

what is contiguous?

A

Two areas which are used by the same common occupier who share a wall, fence, or other means of enclosure.

Ceilings and floors, where directly overhead or below each other, will allow property to be considered as contiguous where the properties are in the same occupation.

property will still be considered contiguous if there is a service space between the floor and ceiling, control of which remains with the landlord.

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33
Q

how does contiguity work for empty property?

A

Previously occupied contiguous property will continue to be one assessment where it all becomes empty on the same day. If parts are vacated on separate days then individual assessments will apply.

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34
Q

What are the three CCA stages?

A

Check – ratepayer confirms or edits details about their property
Challenge – once property details are agreed they can then challenge the valuation
Appeal – if the challenge result is unsatisfactory, they can take the case to tribunal (up to £300)

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35
Q

CCA timelines

A

VO have 12 months to resolve a check (3 month aim) if not complete the IP has the right to move on to challenge.

  • Challenge must be made within 4 months of check completion date (16 months for external MCC)
  • Challenge must be resolved within 18 months or IP has the right to go direct to appeal stage.
  • IP appeal to VTE within 4 months of decision notice
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36
Q

what is the RV multiplier?

A
  1. 9p – Small business

54.6p – standard rate

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37
Q

why was CCA introduced?

A

Reformed the rating appeal system to make it more efficient.

ensures that factual issues are dealt with early in the process, by requesting the confirmation of these details up front.

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38
Q

what is the CCA process

A

Check Challenge appeal is the legal provision used by the VOA to allow ratepayers and their agents, to contest the accuracy of factual information, and/ or levels of valuation, for their rating assessment.

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39
Q

What is the central rating list

A
Rating list containing assessments of the network property of major transport, utility and telecommunications.
Such as:
Electric, gas and water supply networks
Railways
Telecommunication networks
Cross country pipelines
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40
Q

how is property in the central list valued and paid?

A

Single totalled rateable value figure for all the property occupied by the ratepayer.

Rates are paid direct to the Department for levelling up, Housing and Communities.

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41
Q

where is the central list located?

A

Can be viewed on public domain gov.uk website

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42
Q

Can you name 3 ratepayers on the Central List

A
Network Rail
London Underground
Dockland light railway
British Telecommunications (BT)
Sky telecommunications
National grid gas
Northern Gas networks
Southern Gas networks
Severn Trent Water
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43
Q

How would you go about valuing something you thought was plant?

A

Firstly consider is it plant? Ask occupier, take photo and/or ask colleague if unsure

Secondly Is the item listed in the 2000 p+m regs?

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44
Q

What p+m classes are there?

A

Class 1 - Power
Class 2 - Services
Class 3 - Infrastructure
Class 4 – Structures (contains 2 tables)

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45
Q

what do the p+m regs say about air conditioning?

A

Air conditioning is not specifically named in Class 2, but all the functional elements are, such as heating, cooling, ventilating and filtration.

46
Q

how is air conditioning dealt with in rating assessments?

A

Office valuation schemes will often, but not always, reflect A/C.

For retail properties, there are agreed schemes in place, based on £7 sq m addition in shops, and £4 sq m in retail warehouses.

For industrial premises, A/C is commonly dealt with as a % addition, A/C usually being found in the ancillary offices.

47
Q

Case law related to the four tenets of rateable occupation

A

Actual – R v Assessment Committee of St Pancras (1877)
Beneficial – Newbigin v SJ & J Monk (2015)
Exclusive – Southern Railway and WHSmith v Westminster City Council (1936)
Transient – Wilkins (VO) v London County Council (1957)

48
Q

Tell me about Southern Railway and WHSmith v Westminster City Council (1936)

A

Lead case for exclusive occupation

Concerned WHSmith at Victoria station

Held that WHSmith are in exclusive occupation as they have exclusive occupation for the land in which the purpose it was created for (being a book shop).

Despite the southern railway having control over access arrangement this was no different to restrictive lease covenants in normal LL and tenant negotiations.

49
Q

Tell me about R v Assessment Committee of St Pancras (1877)

A

Leading case on actual occupation
Looked at the definition of the word occupier

Legal possession does not mean you occupy e.g., if you own a house but it is vacant you are not liable for rates as you are not occupying it.

A person who takes actual occupation either by the owner leaving or against his will (someone dying) they will be deemed to be the occupier (doesn’t need to actually have title deed)

50
Q

Tell me about Wilkins (VO) v London County Council (1957)

A

Builders were under contract to build a school on Londonn Council Council land

Erected 4 temporary huts, 3 for 18 months and 1 for 21 months

Found to be rateable as it had sufficient permanence

51
Q

How long is deemed long enough to show permanence in relation to exclusive occupation

A

12 months or more

52
Q

Is the initial response a legal requirement.

A

No, not determined by statute. VO has adopted this approach to best resolve Challenge, giving appellant an opportunity to respond to VO initial thoughts.

53
Q

Are you aware of any recent case law on plant and machinery?

A

Iceland v Berry (2019)

54
Q

What rental adjustments do you make?

A
Rent free
Stepped rent
Premium
Reverse Premium
Break option
Repair liability
Tenant contribution
Landlord contribution
55
Q

What is the role of an expert witness?

A

primary duty as an expert witness is not to a client but to the tribunal.
Must give independent and unbiased evidence
State main facts and assumptions

Surveyors acting as Expert Witnesses (4th Edition) 2014 (amended August 2020)

56
Q

What is the role of an advocate?

A

When acting as a surveyor-advocate you owe duties to your client. However, you also owe an overriding duty to the tribunal to act properly and fairly as set out in Surveyors Acting as Advocates (2nd edition professional statement, 3rd edition guidance note) 2017

take personal responsibility for the conduct and presentation of your client’s case, and act in the best interests of your client.

not allow your integrity or professional standards to be compromised

not deceive or mislead the tribunal or any opposing party

57
Q

what is a completion notice?

A

Notice served for a newly constructed property to serve as the date whereby building is said to be complete and rate liability can commence.

In accordance with section 46a LGFA

To prevent the party avoiding the payment of rates by not completing construction of a building.

58
Q

How do you value using the time value of money when analysing a rent-free period

A

0 rent free period shown as the first line
Rental income on second line, YP is deferred by length of rent free using growth rate of 7%
PV is deferred by length of time of rent free
(YP x PV of £1) x Rent = total rental income
Divided by YP @ growth rate = yearly rent

59
Q

How would you deal with zoning a property with return frontage

A

If the returned glazed frontage runs for the entire length of the shop, then it will be appropriate to apply a percentage additional to the value of the whole shop.

Dependent on the quality of the return frontage (i.e. is it facing other retail units, does it substantially add to the prominence of the shop, is there a secondary entrance from the return frontage elevation). One might add 10% or 7.5%, 5% or 2.5% to the total rental value of the ground floor to reflect the benefit of the return frontage.

In a situation whereby, the glazed return frontage is partial i.e. only part of the shops return frontage benefits from glazing, and the rest is a solid structure, an addition to the rental value should be made for the area of the shop which benefits from the glazed frontage.

Another approach is to zone from both frontages (only say this if they ask)
zoning from the inferior entrance ceases when it is less in value than the value attributed when zoning from primary frontage.

60
Q

What is a return frontage

A

Where a retail unit occupies a corner position it may have glazing on part of the side elevation and we refer to this as return frontage (R/F).

JEWELLERS IN PARTICULAR LIKE CORNER SHOPS WITH R/F OR SPLAYED FRONTAGE

61
Q

benefits and drawbacks of return frontages

A

+ve
increases prominence of the shop

customers can see inside the shop thus enhancing the tenant’s opportunity to attract more customers

the tenant has a greater opportunity to display

-ve
Most retailers now seek the maximum amount of linear wall space and so do not want a glazed return frontage because they could not rack against that frontage and so lose linear wall space.

The dressing of shop windows is time consuming and costly

The insurance premises are higher for a unit with a glazed return frontage

62
Q

why do you not use IPMS in rating?

A

the Agency very much supports the aim of the IPMS and RICS in having a clear international standard for measurement it is neither possible for the VOA to become compliant for the 2017 nor, probably, at least for the next revaluation following.

The requirement to use IPMS is not mandatory where the client requires a different basis and clearly, with valuation officers statutory duty making them effectively the client, their decision will be the basis of measurement for the 2017 revaluation remains the RICS Code of Measuring Practice 6th edition together with the VOA code.

63
Q

For challenge cases why do you adjust the rents?

A

To convert rental evidence into a form which is compatible with the definition of Rateable Value in Schedule 6 para 2(1) of the Local Government Finance Act 1988.

The rental evidence obtained on FORs will rarely, if ever, accord with the definition of RV.

64
Q

Why is the rental information on FORs not always in line with the definition of RV?

A

Commercial leases contain a variety of covenants pertaining to user, repairing, insuring and servicing obligations, rent review and treatment of tenants’ improvements.

the rating hereditament is deemed to be vacant and to let without premium, but in the real world the present occupier may have paid a premium to the previous occupier or to the landlord

During periods when the market is depressed reverse premiums are sometimes paid to a new tenant by the landlord or the previous occupier, or other incentives given in the form of rent-free periods in excess of any ‘norm’ fitting out period or the transfer of liabilities to the landlord.

The contractual relationship between the actual landlord and tenant may be subject to the provisions of the Landlord and Tenant Act (LTA) 1954. This may have the effect of modifying the terms of the lease and thus the rent that might otherwise have been agreed

65
Q

what order do you carry out rental adjustments for challenges?

A

There are no set rules governing the order of adjustment other than that the adjustment for repairs should be made last. (F W Woolworth and Co Ltd v Peck (VO) 1967 LT RA 365). However, to be consistent the following order has been adopted:

(i) VAT
(ii) Rent free periods/stepped rents.
(iii) Premiums paid by and to the tenant.
(iv) Tenant’s improvements
(v) Value of any surrendered lease
(vi) Overage or other lease terms
(vii) Domestic accommodation
(viii) Business rates and other payments
(ix) Repairing/insuring liabilities

66
Q

How is VAT treated in terms of rent in determining rateable value?

A

Although VAT is often specified within leases to be recoverable from tenants as additional rent it is considered that it does not form part of the rent payable under the hypothetical tenancy.

The imposition of the tax is likely to be inconsistent and its impact on underlying rents insignificant in most cases. The overwhelming need for a uniform basis for rating dictates that the RV is net of VAT

67
Q

what is VAT

A

Value added tax

VAT is a tax on the supply of goods and services, current rate is 20%

68
Q

how is rent free treated when adjusting rents?

A

rent-free period is an inducement, which should be adjusted for, however this does not include periods granted to enable the tenant to complete or fit out the property for its occupation. No allowance should be given for these periods as the concession is only given to allow the tenant to complete works.

When dealing with rent-free periods it is essential to exclude the period attributable to the normal fit out period for the type of property concerned. Only the period in excess of this ‘norm’ should be treated as being an incentive from the landlord.

69
Q

What are the statutory requirements for a Challenge?

A

LGFA 1988 Reg 6

(a) the name, address and contact details of the proposer;
(b) the grounds of the proposal including the particulars on which each of the grounds is based (“particulars of the grounds of the proposal”);
(c) details of the proposed alteration of the list;
(d) the date from which the proposer asserts the proposed alteration should have effect;
(e) the date on which the proposal is served on the VO
(f) evidence to support the grounds of the proposal; and
(g) a statement as to how the evidence supports the grounds of the proposal

70
Q

What is a GPCR?

A

Group pre challenge review - where an agreement is made between a VO and ratepayers of an action to be taken regarding a group of rating assessments.

71
Q

Could you tell me the 5 stages of the contractors method of valuation

A

For rating we follow the prescribed Rating manual which sets out a 5 stage method - following case Gilmore (VO) v Baker Carr (No 2) (1964 LT 4 RVR 7).

Stage 1 Estimation of the Replacement Cost (ERC).

Stage 2 Estimation of the Adjusted Replacement Cost (ARC). - age and obsolescence, flat roof allowance

Stage 3 Estimation of the Land value.

Stage 4 Application of the statutory decapitalisation rate.

Stage 5 Consideration of the results of Stage 4 to see whether it represents the correct answer on the statutory hypothesis - end adjustments

72
Q

Planning use class of Shop in Enfield

A

A1 Shop - E

73
Q

Planning use class of Police Station Folkstone

A

Sui generis - applications to E

74
Q

Planning use class of Shop Croydon

A

A1 Shop - E

75
Q

Planning use class of Office in Kingston

A

B1 Business - E

76
Q

Planning use of Land in Maidstone

A

Class B8 open air storage

77
Q

Tell me what you did with the Office in Kingston

A

I completed a Challenge to the 2017 Rating List in relation to an office in Kingston where a rating agent proposed the deletion of the assessment. With consideration to relevant rating principles and case law I analysed the facts on the ground and sourced evidence. Upon receipt of internal photos, cost quotes and schedule of works, I was satisfied the entire hereditament was undergoing a scheme of redevelopment works in line with the decision in Jackson (VO) v Canary Wharf Limited. I then advised a senior colleague that the subject was incapable of beneficial occupation to which they agreed allowing for the deletion of the rating assessment.

78
Q

Tell me what advice you gave and why for the Land assessment in Maidstone

A

I advised a senior colleague of the amount of entries required at a service station including the necessary amendments to the subject assessment. To provide this advice i considered rateability principles set out in Laing and son v Kingswood and identification of the hereditment principles set out in Mazars v Woolway (2012).

79
Q

What case law did you consider in valuing the Land in Maidstone?

A

John Laing & Son v Kingswood Assessment Committee - rateable occupier

Woolway v Mazars 2012 - identifying the hereditament - DOUG

80
Q

Tell me about the Shop in Croydon

A

l advised to senior management on a revised zone A value of £275/m2 down from £300/m2 in consideration of the principles set out in Lotus & Delta v Culverwell (VO) [1976]. I further considered value significnt factord to justify the reduction

81
Q

What further case law is relevant to the Office in Kingston.

A

Monk v Newbigin 2017 - buildings undergoing significant works are not rateable

82
Q

Tell me about Fir Mill Ltd v Royston 1960?

A

It relates to mode and category. Held that a cotton mill could be valued as a factory and not restricted to a cotton mill - a factory is a factory but not any particular kind of factory.

83
Q

Define the term ‘rebus sic standibus’, and the two limbs involved.
Which is the main case law that this principle is derived from?

A

Taking it as it is - Latin.
Scottish and Newcastle v Williams 2000:
Case determined mode or category of occupation has two distinct limbs:
- Use – must be valued in same use
- Physical – only minor alterations

84
Q

How many grounds for a Challenge? Name 3

A

12
compiled list error, MCC, deletion

85
Q

What is an MCC?

A

Material change in circumstances - something that impacts the hereditament or locality

tangible or intangible
- road works
- changing trading hours
- public transport

86
Q

What is the guidance and case law for splits?

A

PICO act 2018 - Mazars 2015

87
Q

How would you approach a license as evidence?

A

Much lower weight as it does not result in an interest in the property
shorter term

88
Q

Difference between a lease and license

A

Lease is occupation and gains an interest in the property

License is just a right to carry out an activity or business purpose

89
Q

When conducting the contractors valuation where did you find contruction costs?

A

VOA adopt BCIS - but could use QS records

90
Q

What decap rate did you apply to contractors valuation?

A

4.4% higher rate

91
Q

Revised RV of the Police Station in Folkstone?

A

£357,500

92
Q

What is included within ERC for contractors?

A

(+)
ERC

(-)
ext works
location factor
contract size adj
prof fees

93
Q

How did you calculate age and obsolecence?

A

58% adjustment from Appendix F of rating manual
£80/m2 flat roof allowance

94
Q

What was the ground of the challenge on the Land in Maidstone and how was it settled?

A

It was a challenge on an alteration made by the VO. Areas were amended and Rating Value reduced from the date of alteration.

95
Q

What advice did you provide regarding the Land in Maidstone?

A

I advised a senior colleague of the amount of hereditments present at the site and therefore the amendments required to the subject rating assessment.

96
Q

What did your inspection uncover at the land assessment in Maidstone?

A

After taking measurements of the ratepayers demised area and identifying the hereditaments it was determined the subjects area had been calculated incorrectly previously.

97
Q

Are you aware of the roles in Litigation?

A

J.C.A.R.W.E.A

98
Q

Tell me about the Non-domestic Rating (unoccupied property) regs (2008)

A

Sets the basis for empty rates and the extensions
unoccupied for less than 3 months

extensions
-qualifying industrial - 6mo void period
-listed buildings
-probate
-empty land
-bankrupcy

99
Q

Is there any case law on tone of the list you are aware of?

A

Futures London v Stratford - tone can be established after a number of settlement and time passed

100
Q

What principle does Ladies Hosiery v West Middlesex Association cover?

A

dont sacrifice correctness for uniformity - office assessment appealing current rate - appeal dismissed - subject was correct

101
Q

Which case relates to post AVD evidence?

A

Specialeyes v Felgate - Two office assessments valued employing lotus and delta UT highlighted low wieght is to be applied to post AVD evidence
can be used to show trends but not valuing

102
Q

What is Ludgate House v Rickets?

A

Case on exclusive occupation - need not paramount but general

office occupied by guardians - remained 2 assessments as guardians stayed on single floor

103
Q

Are you aware of any case law on the R+E method?

A

Fryer v Cox (Apple Jacks)

case on part exempt farm / attraction
valued using amended R+E but tribunal criticised the shortened method

104
Q

Tell me about Iceland Foods v Berry.

A

Supreme court ruled that a air handling system in a Iceland retail warehouse was for “a manufacturing operations or trade processes” in line with Valuation for Rating (Plant and Machinery) (England) Regulations 2000 and therefore not rated.

105
Q

Are you aware of any recent case law on offices?

A

Bunyan v Acenden Ltd (2021) - office fitout case - office headquarters in Maidenhead, LL and tenant both spent to fit-out.

determined that a tenants fit out is rateable, establishing that Amortising the costs is an appropriate way to determine additional value to the Cat A (unfitted) rent, IF there’s no rental evidence of fitted premises.

106
Q

Are you aware of any new rating legislation?

A

The Non-domestic rates act (2023)
- improvement relief (12 months)
- rating lists every 3 years
- duty to inform VOA of changes
- completition notices now served on refurbished buildings

107
Q

Any recent changes in Rating?

A
  • multiplier increase to 54.5p 24/25
  • Budget March 2024 - In the Spring Budget, the Chancellor announced that from 1 April 2024 business premises must be re-occupied for at least 13 weeks rather than 6 weeks in order to qualify for a further period of empty rates relief when that period of occupation ends.
  • Film studio relief
108
Q

Which case established a reasonable approach to determine if uneconomic?

A

Denley v Tomas - car showroom whereby PV of unit with works undertaken far exceeded value in repair

Prince Street case - amortisation of cost over lease term to assess future income - consider in line with market

109
Q

What is locality?

A

K Shoe shops v Hardy - taken to be the area where sufficient evidence can be found to produce a valuation. AVD also determined in this case.

110
Q

How would you approach redev works to part of the property?

A

Aviva v Bunyan
- consider beneficial occupation
- if affect rental bid

111
Q

What recent case deal with paramount control and identification of the hereditament?

A

Cardtronics v Sykes (2020)
determined that ATMs should NOT be seperately assessed