UNIT 7 BOYATT WOOD INDUSTRIAL ESTATE, GOODWOOD ROAD, EASTLEIGH, EASTLEIGH, SO50 4NT

What was argued and what the tribunal found

The appellant sought deletion of a warehouse and premises from the 2017 Rating List on the basis that during a programme of repairs from September to December 2019, toilet and kitchenette facilities were stripped out, rendering the property incapable of beneficial occupation. The tribunal dismissed the appeal, finding that whilst some accommodation was temporarily stripped out, the warehouse area (88% of the property) remained capable of beneficial occupation and the repair works were economic to undertake. The tribunal held that Monk principles apply only where no part of the building is capable of beneficial use, which was not the case here.

Summary generated from the decision text and checked against it. The appellant was Aviva Investors, represented.

Grounds argued

• State of repair or deletion · decisive
• Valuation method

Evidence

Measurement survey, Photographs, Expert report

Cases cited

Newbigin (VO) v Monk [2017] UKSC 14; Jackson (VO) v Canary Wharf Ltd [2019] RA 411; McDougall v Easington District Council [1989] EG11; Colour Weddings v Roberts (VO) [2019] UKUT 385 (LC); Orchard Street Investment LLP v VO [2020] CHG100074320; Porter (VO) v Trustees of Gladman Sipps [2011] RA 337; Aviva v Whitby (VO) [2011] RA 337; Thomas & Davies v Denly (VO) [2014] UKUT 0146 (LC); Murphy (VO) v Courtenay Plc [1999] RA1; R3 Products v Salt (VO) [2014] UKUT 0333 (LC); Saunders v Maltby (VO) [1976] 2 EGLR 84; Morcom v Campbell-Johnson [1956] 1 QB; Benjamin (VO) v Anston Properties Ltd [1998] 2 EGLR 147; Wexler v Playle [1960] 1 QB 217; Camden LBC v Langford [1980] RA 369; Gardiner & Theobald LLP v Jackson (VO) [2018] UKUT 0253 (LC); Shaw v Hughes (VO) [1991] RVR 96; Courtney Plc v Murphy [1998] RA 77

Hearing

27 May 2022