Tribunals · Bath and North East Somerset Council · 2017 rating list

1-4 Cambridge House, Henry Street, BA1 1JT

Decided 3 October 2024 CHG100719731 Cushman & Wakefield - Mike Smith

OutcomeDismissedThe appeal failed and the rateable value was left unchanged.
Original RV£127,000£241/m²
Ratepayer sought£62,000
VO conceded first—
Tribunal decided£127,000

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 gymnasium operator claimed that the opening of four competing gyms in Bath (Toniq, Pure Gym, Team Bath, and Fly Fitness) constituted material changes of circumstances justifying reductions in rateable value from £127,000 to £62,000. The tribunal found that whilst rent reduction discussions had commenced in July 2019, the landlord only agreed to rent concessions following the Covid-19 pandemic lockdown in March 2020, and the formal rent agreement made no reference to the material changes. The tribunal concluded that the turnover evidence did not demonstrate a discernible fall in trading following the opening of the competing gyms, and that no reduction was warranted.

Summary generated from the decision text and checked against it. The appellant was Triangle Fitness Bristol Ltd, represented.

Grounds argued

  • Change of circumstances · decisive
Change of circumstances
opening of competing gyms (Toniq, Pure Gym, Team Bath, Fly Fitness)
Evidence
Trading accounts, Earlier tribunal decisions
Cases cited
Lotus and Delta Ltd v Culverwell (Valuation Officer) and Leicester City Council [1976] RA 141; ITMS Corporation Ltd v Mooney (VO) and Westminster City Council [1983] RA145
Hearing
5 September 2024

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