11 Welton Road, CH62 3PN
Shop and premises Decided 16 September 2022 CHG100464485 Hart Consult
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 argued that the sublease rent of £511,635 per annum (£107.25/m2) supported a revised RV of £465,000. The tribunal applied the Lotus & Delta principles and found the sublease was not negotiated in a true open market, as Tesco was in financial crisis and the sublease was part of a larger package arrangement. The tribunal preferred the Valuation Officer's evidence based on the headlease rent review of £284.5/m2 and comparable rents on smaller units on the same estate (majority circa £300/m2), supporting an analysed rent of £200/m2 and confirming the RV at £750,000.
Summary generated from the decision text and checked against it. The appellant was CDS (Superstores International) Ltd, represented.
Grounds argued
- Rental evidence · decisive
- Comparable assessments (tone)
- Evidence
- Rents, Settled assessments
- Cases cited
- Lotus & Delta v Culverwell; Gardiner & Theobald LLP v David Jackson
- Hearing
- 5 September 2022
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