First Floor, 12-16 Blenheim Grove, SE15 4QL
Shop and Premises Decided 27 June 2023 CHG100735173 Hartnell Taylor Cook - Martin R Davenport
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 deletion of the rating list entry for first floor offices arguing that works to demolish the ground floor toilet block containing asbestos rendered the property incapable of beneficial occupation from 28 June 2021 for approximately four months. The tribunal dismissed the appeal, finding that whilst demolition work was carried out, this did not render the first floor offices uninhabitable to the extent warranting deletion from the list. The tribunal applied the principle from Newbigin v Monk that the reality principle applies to assess whether premises are capable of beneficial occupation, but found that the disruption from asbestos removal works did not meet the threshold to make the property incapable of occupation during the material day.
Summary generated from the decision text and checked against it. The appellant was Roundmen Ltd, represented.
Grounds argued
- State of repair or deletion · decisive
- Evidence
- Photographs, Expert report
- Cases cited
- Newbigin (VO) v Monk [2017] UKSC 14; Jackson (VO) v Canary Wharf Ltd [2019] RA 411
- Hearing
- 6 June 2023
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