Fantastic Things Emporium, 21b Saxon Square, BH23 1QA

What was argued and what the tribunal found

The appellant sought to split the property (a market emporium with individual traders occupying separate stalls) into multiple separate hereditaments, arguing each trader should have a separate rating list entry. The tribunal dismissed the appeal, holding that the appellant remained in paramount occupation of the whole property as the leaseholder. The traders occupied stalls for short, terminable agreements lacking security of tenure, and the appellant's staff controlled the tills, collected payments, and charged a 4% transaction fee, demonstrating that the traders' occupation was secondary and complementary to the appellant's overall occupation and control.

Summary generated from the decision text and checked against it. The appellant was Fantastic Things Limited, unrepresented.

Grounds argued

• Split or merge the assessment · decisive

Evidence

Rents, Photographs, Expert report

Cases cited

Cardtronics UK Ltd and others v Sykes and others [2020] UKSC 21; Westminster Council v Southern Railway Co [1936] AC 511; John Laing & Sons v Kingswood Assessment Committee [1949] 1 KB 344; Heilbuth (VO) [1999] RA 109

Hearing

14 July 2023

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