Unit 306, Centre Court Shopping Centre, SW19 8ND
Shop and premises Decided 2 July 2024 CHG100746966 Montagu Evans - Ben Monk/BNP Real Estate
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 13 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant sought a 7.5% allowance for the material change of circumstances caused by the closure of Debenhams, a major anchor store occupying 37.8% of the shopping centre, resulting in increased vacancy rates and reduced footfall. The tribunal found that Debenhams' departure did justify an allowance, with evidence of subsequent unit vacancies attributable to the closure and loss of a key tenant affecting customer footfall and trade. However, the tribunal determined that a 5% reduction was fair and reasonable, rather than the 7.5% sought, as the subsequent occupation by AFC Wimbledon prior to the material date was a positive offsetting factor, and the pandemic and e-commerce effects masked the true impact of the anchor store loss.
Summary generated from the decision text and checked against it. The appellant was Standard Life Assurance Ltd, represented.
Grounds argued
- Change of circumstances
- Change of circumstances
- anchor store closure
- Evidence
- Rents, Photographs
- Hearing
- 17 June 2024
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All decisions in London Borough of Merton · Shops nationally
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