Tribunals · Royal Borough of Kensington and Chelsea · 2017 rating list

Ground Floor, 245 Portobello Road, W11 1LT

Shop and premises Decided 3 February 2022 CHG100133162 martin R Davenport/Hartnell Taylor Cook - Martin R Davenport

OutcomeDismissedThe appeal failed and the rateable value was left unchanged.
Original RV£53,500
Ratepayer sought£45,000
VO conceded first—
Tribunal decided£53,500£1375/m²

Figures are as stated in the decision; a dash means the document does not state that figure.

What was argued and what the tribunal found

The appellant sought a reduction of the Zone A rate from the adopted £1,375.00 per m2 to approximately £1,150.00 per m2, which would result in a rateable value of £45,000 rather than £53,500. The tribunal considered the passing rents of the appeal property and comparable properties on Portobello Road, applying the principles in Lotus and Delta v Culverwell. While the initial 2012 lease and 2016 rent review were considered too remote or not reflective of a hypothetical tenancy, the tribunal found that the Zone A rates from comparable properties (239, 247 and 251 Portobello Road) supported the adopted rate of £1,375.00 per m2. The appeal was dismissed as the adopted rate was found to be reasonable and in line with values for nearby shops.

Summary generated from the decision text and checked against it. The appellant was an individual ratepayer, represented.

Grounds argued

  • Comparable assessments (tone) · decisive
  • Rental evidence
Evidence
Rents, Settled assessments
Cases cited
Lotus and Delta v Culverwell; Gardiner & Theobald LLP v David Jackson
Hearing
11 January 2022

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