Local Taxation Level 2 Flashcards
Office - Birmingham
What is a material change of circumstance?
MCC is set out in Section 7 paragraph 2 of schedule 6 of the local government finance act 1988.
It is any change to the mentioned matters.
Office - Birmingham
What are the mentioned matters for MCC’s?
- Matters affecting the physical state or enjoyment of the property.
- The mode or category of occupation of the hereditament
- The quantity of minerals or other substances in or extracted from the hereditament
- The quantity of refuse or waste material which is bought onto and permanently deposited on the hereditament
- 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
- The use or occupation of other premises situated in the locality of the hereditament.
Office - Birmingham
Which of the mentioned matters did the tramworks breach?
Matters affecting the physical state or enjoyment of the property.
Office - Birmingham
What is an end allowance?
It is an adjustment to the entire hereditament to account for things such as tram works.
Office - Birmingham
What are the propositions laid down in Lotus & Delta v Culverwell [1976]?
- The subject rent is the starting point
- Closer the subject rent is to the statutory definition of RV the more weight to be attached
- The rents of comparable properties agreed close to the valuation date are to be considered.
- Assessment and settlement evidence is to be considered.
- The basket of evidence is to be considered and weight to be attached.
- In the absence of the above evidence. The subject rent is to be taken as the best evidence.
Office - Birmingham
Did you place much weight on the subject rent from 2020?
Yes, I placed some weight on the subject rent in line with Lotus & Delta. However, I used this as evidence a landlord and tenant would not negotiate a reduced rent due to the works.
Office - Birmingham
How do you know there was rental growth in the area?
I had regard to the rents at AVD and rents at the material day which showed an increase to values. I also had regard to market reports for offices in Birmingham city centre.
Office - Birmingham
How did you ascertain no end allowance was required?
The subject rent supported no decrease and the further rents from the same property also supported this.
I also provided photographs showing no disturbance to the property and access from both roads into the subject car park.
Retail - Birmingham
What is double frontage?
The property didn’t have double frontage. It benefitted from return frontage as there was no entrance on the one side.
Double frontage - is where the property benefits from two shop fronts and entrances on both sides.
Return frontage - is where the property is positioned on a corner of two streets and benefits from exposure on both sides (but no entrance on the one side.)
Retail - Birmingham
Is the entrance the main driver of where the value is derived from?
Not always but it has a bearing. Locality is a big driver in this valuation. However, I had regard to the subject rent which was agreed on AVD and was in line with the rents on the inferior street.
Retail - Birmingham
Did you rely just on the subject rent when attributing value?
No, I had regard to rents from the superior street and inferior street. I also used my local knowledge which I knew the inferior street had a much reduced footfall.
Retail - Birmingham
What uplift did you apply? What evidence did you have for this?
I applied a 5% uplift to the Rateable Value.
I had regard to the increased rental values from the superior street. I applied a 5% uplift in line with other properties which also had a return frontage in the area.
Retail - Birmingham
How did you agree with the agents contentions?
I discussed the case with the agent and stated I agreed with their submission and I would be well-founding the case.
I reduced the RV and issued the revised rateable value to the billing authority so they could calculate the bill for the ratepayer.
How do you value Plant and Machinery?
I have regard to the plant and machinery regulations 2000 and the VOA cost guide.
On inspection I ensure to take ample photographs including the information plate so I have all the information required.
What plant and machinery guidance is there for rating? What are the classes for P+M?
Plant and Machinery regulations 2000.
There are four classes of P+M:
- Class 1: Power (air compressors, steam turbines, wind turbines)
- Class 2: Services (Heating, cooling, ventilating, refrigerating machines)
- Class 3: Movement (Railway lines and tracks, Lifts, elevators, hoists, escalators)
- Class 4: Structure (Bridges, tunnels, fixed cranes)