Upper Tribunal not restricted in considering new evidence

A decision of the Upper Tribunal (Lands Chamber) has clarified the position on the use of “new” evidence in rating appeals. Practitioners will be relieved to note that the restrictions on evidence, placed on the Valuation Tribunal for England by the 2017 amendments to the appeals regulations, do not apply to the Upper Tribunal ...Read More

Valuation Tribunal correct to reinstate rateable value

The Upper Tribunal has found that the Valuation Tribunal for England was entitled to reinstate the original rateable value of offices, which had been reduced to nil during fitting out works, following completion of the works, despite the fact that the works concerned had altered the offices and reduced their floor area. ...Read More

The meaning of “space” – for business rates

The Upper Tribunal (Lands Chamber) has been called upon to decide the meaning of “space” – as it appears in the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018. The Tribunal’s decision will be significant to those trying to merge different hereditaments into one under this legislation. ...Read More

Nominal rateable value correct for musuem

The Upper Tribunal (Lands Chamber) has published an important decision regarding the basis of valuation for rating purposes of historic buildings occupied on a “not for profit” basis. The Tribunal’s decision in Hughes (VO) v Exeter City Council will be of interest to all those involved with the valuation for rating purposes of museums and other historic buildings. ...Read More

No charitable rate relief for NHS Trusts

The High Court has dismissed a claim made by a number of NHS foundation trusts that they should benefit from charitable rates relief in respect of the hospitals and other properties occupied by the trusts. The Court found that the trusts were not established for charitable purposes only and, because of this, they were not entitled to charitable rate relief. ...Read More

Rating assessment deleted during building works

The decision of the Upper Tribunal (Lands Chamber) in Colour Weddings Ltd v Roberts (VO) deals with the treatment of a property undergoing works of alteration to enable a change of use from warehouse to wedding venue, and how the rating assessment should be altered to reflect those works. ...Read More

No compulsory winding up of rates mitigation schemes

The High Court has refused an application by the Secretary of State for Business for the compulsory winding up of companies operating business rates mitigation schemes. The Court’s decision will be of interest to owners of vacant property and those operating rates mitigation schemes for those properties ...Read More

Business rates appeal reinstated

The Upper Tribunal (Lands Chamber) has reinstated a business rates appeal that had been struck out by the Valuation Tribunal for England. The Upper Tribunal found that the Valuation Tribunal for England had not given proper consideration to the circumstances before striking out the original appeal. ...Read More